Kenya: High Court halts HIV+ data collection, upholding dignity & privacy

May 26, 2017

Many thanks to Professor Ebenezer Durojaye of the Dullah Omar Institute for Constitutional Law, Governance and Human Rights at the University of the Western Cape, for abstracting this significant judgment for REPROHEALTHLAW subscribers.  Prof. Durojaye can be reached at  ebenezerdurojaye19 at gmail.com

Kenya Legal and Ethical Network on HIV & AIDS (KELIN) & 3 others v Cabinet Secretary Ministry of Health & 4 others [2016] eKLR Petition 250 of 2015. (High Court at Nairobi)  Decision online.

This case centres on a directive issued by Kenyan President Kenyatta requesting that the names of school-going HIV positive children, their guardians and HIV-positive pregnant women and their addresses be compiled for the purpose of assisting the government to respond and provide appropriate service and support to the children living with HIV/AIDS. The said information should include the number of children infected with HIV, number of guardians or caregivers infected with HIV, number of expectant mothers that are HIV positive and number of breastfeeding mothers who are HIV positive.

This directive was challenged by KELIN and others claiming that it violated the rights and privacy of people living with HIV as guaranteed in the Constitution and the “HIV Prevention and Control Act.” The Court agreed with this submission and found that the disclosure of school-going children’s HIV status will undermine the rights to dignity and privacy of children. While the intention of the government may be laudable, however, the implication of the directive will no doubt infringe on the rights of people living with HIV in general and HIV-positive children in particular. The International Guidelines on HIV provide that data and information about the HIV status of a person should be collected without linking the information to an individual.   This decision is significant in the sense that it not only protects the privacy and dignity of HIV positive persons (especially HIV positive children) but also addresses the implication of this for HIV related stigma and discrimination. It is a known fact that people living with HIV experience human rights abuses arising from stigma and discrimination. It is hoped that this decision will send a strong message to governments across Africa to desist from encroaching on right to privacy of HIV-positive persons, particularly HIV-positive children.

The full decision is online here.

Case Commentary by JURIST

Related Resources:

Kenyan constitutional  right to privacy was also upheld in this 2015 decision:
AIDS Law Project v. Attorney General and 3 Others [2015] eKLR, Petition No. 97 of 2010 (High Court of Kenya at Nairobi), declared not only that the criminal provision in Kenya’s HIV/AIDS Act was overbroad, vague, and therefore unconstitutional, but also that enforced disclosure of HIV status to sexual contacts violated constitutional right to privacy.   Decision online,  summarized and discussed in Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts   pp. 171-176).  CRR press release.

Legal Grounds III:  Reproductive and Sexual Rights in Sub-Saharan African Courts (Pretoria: PULP, 2017 ) [Discusses 54 court decisions 2008-2017, including 12 cases on “HIV”] Free PDF

Jacinta Nyachae and Paul Ogendi, “Litigating the right to health in Kenya: an analysis of selected cases,”  in: Litigating the Right to Health in Africa: Challenges and Prospects, ed. Ebenezer Durojaye (London, Routledge, 2015) Book information.

___________
The REPROHEALTHLAW Blog is compiled by the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, Canada,  reprohealth*law at utoronto.ca.   For Program publications and resources, see our website, online here.
TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription


South African rulings uphold rights of HIV+ employees

March 29, 2017

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), now an LL.D. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing and/or editing summaries of 54 recent African court decisions for Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, published in 2017 by Pretoria University Law Press (PULP).  All three volumes in the series are freely available in print or electronic form.

Two of the court decisions summarized in Legal Grounds III clearly upheld the rights of HIV-positive persons against discrimination, including  unjust dismissal, and exclusion from certain job opportunities.

Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. [2011], Case No. JS178/09, a Labour Court of South Africa upheld the rights to equality and non-discrimination of HIV-positive persons in the workplace.  The Court ruled that a horse-riding instructor’s dismissal from employment for HIV-positivity was automatically unfair in terms of Section 187(1)(f) of the Labour Relations Act, 66 of 1995, because the reason for dismissal was his  HIV status, and was not justifiable on any other ground.   Summary for Legal Grounds III.   Decision online.

Dwenga and Others v Surgeon-General of the South African Military Health Services and Others [2014] ZAGPPHC 727, Case No. 40844/2013, the High Court at North Gauteng  reinforced an earlier ruling against discrimination toward HIV+ individuals employed by the military.  The South African National Defence Force had violated its own policies, and was unable to provide any evidence to suggest that the requisite health required for the positions sought by the Applicants could not be achieved by a person infected with HIV.  Summary for Legal Grounds III.    Decision online.

As Godfrey Kangaude emphasized regarding the Dwenga case: “Discriminatory attitudes and practices against persons with HIV are still prevalent in our societies, despite the progress that many countries have made in terms of putting in place public policies to curb these forms of discrimination. Having legislation in place or even a court decision is sometimes not enough incentive, even for public institutions such as the army, to end discriminatory practices. The Court commented that public institutions should be exemplary in complying with constitutional norms and standards, such as respect and protection of the rights of persons living with HIV. (Legal Grounds III, page 188)

————
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts (Pretoria University Law Press (PULP), 2017) covers decisions from 2008 to 2016.   228 pages, 54 case summaries, onlineFlyer with Table of Contents.

Legal Grounds I and Legal Grounds II (Center for Reproductive Rights, 2005 and 2010) are online here.
———————-
Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   For Program publications and resources, see our website, online here.     TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.


Kenyan High Court: Anti-Counterfeit Act threatened access to generic medicines

June 14, 2016

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), an LL.D. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing or editing dozens of analytical summaries of African court decisions for our forthcoming volume, Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts.   Earlier volumes in the series, published in 2005 and 2010 by the Center for Reproductive Rights, are freely available in print or electronic form.  Legal Grounds online.

Several recent African court decisions resolve legal issues that affect public health in many nations.  For instance, in Patricia Asero Ochieng and Two Others v. The Attorney General & Another [2012] (Petition No. 409 of 2009),  a High Court of Kenya (at Nairobi) asked the government to remove a fundamental ambiguity in new legislation, the Anti-Counterfeit Act, which jeopardized citizens’ constitutional right to health.

Godfrey Kangaude’s summary of the decision shows how the Act’s ambiguous definition of “counterfeit” threatened to restrict access to low-cost generic medicines for HIV AIDS .  As he concludes, “The Court found that the Act’s conflation of counterfeit and generic drugs creates a possibility for misinterpretation by officials, who might seize legitimate generic drugs, which would have a disastrous impact on persons who rely upon them, such as the petitioners. It emphasised that such ambiguity is not permissible, especially where any misinterpretation would impact on the constitutionally guaranteed rights of individuals.

“It further said that the protection of the rights of persons to health and access of medicines is more critical than the protection of intellectual property rights, so that the protection of the rights of the petitioners should take precedence. The Court buttressed its reasoning with General Comment No. 17 where the ESCR Committee [United Nations Committee on Economic, Social and Cultural Rights] said that states parties should prevent the use of scientific progress for purposes contrary to human rights, for instance by excluding patentability where commercialisation of innovations would jeopardise enjoyment of human rights.” [2]

NOTES:
[1] Patricia Asero Ochieng and 2 Others v The Attorney General & Another [2012], Petition No. 409 of 2009 (High Court of Kenya at Nairobi) Decision online.
[2] Godfrey Kangaude, Case summary,  Patricia Asero Ochieng and 2 Others v The Attorney General & Another [2012], Case summary Godfrey Kangaude.

————-
Legal Grounds: Reproductive and Sexual Rights in African Commonwealth Courts
   (up to 2008) Volumes I and II can be downloaded here.  Our update will be published early in 2017.  Decisions already identified for Volume III  are online here.  New case summaries are added every month.   If you can suggest other cases, please do!   How You Can Help.

 

 

 


REPROHEALTHLAW Updates: Developments, Resources & Jobs

March 10, 2016

REPROHEALTHLAW Blog
March 10, 2016

SUBSCRIBE TO REPROHEALTHLAW:  To receive these updates monthly by email, enter your address in upper right corner of this webpage, then check your email to confirm the subscription.

DEVELOPMENTS

General Comment 22”  United Nations – Committee on Economic, Social and Cultural Rights (CESCR) adopted a new General Comment 22 (E/C.12/GC/22)  on Article 12 (Health) of the International Covenant on Economic, Social and Cultural Rights.  This new General Comment highlights the numerous legal, procedural, practical and social barriers people face in accessing sexual and reproductive health care and information, and the resulting human rights violations.  It codifies wide-ranging state obligations regarding quality maternal health care, non-discrimination, contraception, safe abortion care, sex education, disabilities, infertility care, STIs and HIV/AIDS.  It also discusses conscience issues and rural, regional or cultural disparities.  Full text of General Comment No.22.     UN Press release.

Guyana: Midwives, nurses and pharmacists can provide abortion pill.  Guyana details..

Kenya:  AIDS Law Project v Attorney General and 3 Others [2015] eKLR, Petition No. 97 of 2010 (High Court of Kenya at Nairobi). [Criminal provisions of HIV/AIDS law held unconstitutional.]  Decision online.    Case Summary by Godfrey Kangaude.  

Kenya: duty to protect rights of intersex persons (2 cases)
Baby “A” (suing through her mother, E.A.) and The Cradle the Children Foundation v Attorney General, Kenyatta National Hospital, and the Registrar of Births and Deaths [2014] eKLR, Petition No. 266 of 2013 (High Court of Kenya at Nairobi, (Constitutional and Human Rights Division)). Decision onlineFull Case Summary.
RM v The Hon. Attorney General & 4 Others, [2010] eKLR Petition no 705 of 2007 (High Court of Kenya at Nairobi, Nairobi Law Courts). R.M. Decision online.   Case summary of R.M

Uganda.  “African Commission on Human and Peoples’ Rights Calls on Uganda to Ensure The Right to Legal Abortion and Access to Reproductive Health Services.”  Recommendations call for Uganda to implement the Maputo Protocol—the only treaty, at both the international and regional levels, that explicitly guarantees the right to legal abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health or life of the woman or in cases of fatal fetal impairments.  CRR Press Release Mar.7, 2016
Background from CRR:  74-page report 2013 .  46-page guide to Ugandan abortion law/policy 2012CRR/CEHURD Shadow report 2014.

U.S.   Whole Woman’s Health v. Hellerstedt: Hearings were held in the US Supreme Court on Mar 2, 2016. The judgment is anticipated in June 2016, and it will determine whether women will have access to abortion services in Texas, and in other states with laws comparable to the restrictive Texas law.   Case history from CRR.  Official transcript, Mar 2, 2016.   Reports of the hearing: Slate article: Oral arguments.   Slate blog: “Most important question.”   Comment:  When “protecting health” obstructs choice :  SCOTUS blog.   Scholarship:  Linda Greenhouse and Reva Siegel, “Casey and the Clinic Closings: When ‘Protecting Health’ Obstructs Choice,” 125 Yale Law Journal 1428-1480 (2016) Greenhouse & Siegel article.

Zimbabwe:  Mudzuru & Another v Ministry of Justice, Legal & Parliamentary Affairs (N.O.) & Others (Const. Application No. 79/14) [2015] ZWCC 12 (20 January 2016);  Constitutional Court outlawed child marriage under 18 years old.  Decision online.   News report.

COURSES

Advanced Human Rights – short courses at the Centre for Human Rights, University of Pretoria, South Africa.
♦  Disability Rights in an African Context  March 14-18, 2016.  Disability Rights Course.
♦  Judicial Enforcement of Socio-Economic Rights in Africa,  Socio-Economic Rights
May 16-20, 2016
♦  Civil Society Law in Africa, June 8-10, 2016  Civil Society Law Course

RESOURCES

[abortion]  Common Law Fundamentals of the Right to Abortion, by Anita Bernstein. Buffalo Law Review Vol. 63, p. 1141, 2015; Brooklyn Law School, Legal Studies Paper No. 438. Bernstein article.

[abortion, Ireland]  The Geography of Abortion (December 11, 2015). by Fergus W. Ryan.  Ryan working paper.

[abortion, Latin America, Caribbean] Investigación sobre aborto en América Latina y el Caribe: Una agenda renovada para informar políticas públicas e incidencia (Research on abortion in Latin America & the Caribbean: A renewed agenda to inform public policy and incidence) Published by CLACAI (Latin American Consortium against Unsafe Abortion) with the support of CEDES Argentina, Population Council USA, and Promsex Peru.   Investigación en EspanolAlternative download link.

[abortion – UK]  British Abortion Law: Speaking from the Past to Govern the Future (March 2016). The Modern Law Review, Vol. 79, Issue 2, pp. 283-316, 2016.
Sheldon article.

Engendering Reproductive Rights in the Inter-American System (2016), by Ciara  O’Connell,  in Gender, Sexuality and Social Justice: What’s Law Got to Do With It?, ed. Kay Lalor, Elizabeth Mills, Arturo Sánchez García and Polly Haste. p. 58, Institute of Development Studies, 2016 . O’Connell chapter

NEWS

Malawi – homosexuality: “Malawi government challenges the clergy on gay rights.”  The real issue is whether the pending Judicial Review should declare the anti-homosexuality law invalid under the Constitution.   News report.

US-focused news, resources, and legal developments are available on Repro Rights Prof Blog. View or subscribe.

Zambia:    Chief Justice launched the first-ever gender-based violence (GBV) fast track court in Kabwe.  News report.

JOBS

Director, new Human Rights Institute, Oxford University, UK  Oxford Directorship

Director of Programs, International Planned Parenthood Federation, Western Hemisphere Region. Apply by March 15, 2016.  IPPF Director.

Lecturer / Senior Lecturer in Gender Studies @ SOAS Centre for Gender Studies, London, UK.    Apply by March 21, 2016.  Lecturer at SOAS.

Postdoctoral research fellow, 3 years, new “Political Determinants of S&R Health” project based at University of Bergen, Norway.  Apply by March 31, 2016.  Postdoc job.

Links to other employers in the field of Reproductive and Sexual Health Law are online here.

_______________________
Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca .   For Program publications and resources, see our website, online hereTO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.


Kenya: Criminal provisions of HIV/AIDS law held unconstitutional

March 10, 2016

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), Executive Director of the Malawi Law Society and Co-Director of Nyale Institute for Sexual and Reproductive Health Governance, for writing a new African case summary for the forthcoming publication, Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts:

AIDS Law Project v Attorney General and 3 Others [2015] eKLR, Petition No. 97 of 2010 (High Court of Kenya at Nairobi). Decision online.  Case Summary.

COURT HOLDING

Section 24 of the HIV and AIDS Prevention and Control Act, No. 14 of 2006 contains language such as “sexual contact” that is not clearly defined, which makes it impossible to state with certainty and precision how persons targeted by the section are expected to conduct themselves and in respect of whom. The provision as drafted is so overbroad that it could even be interpreted to apply to women who expose or transmit HIV to children during pregnancy, delivery, or breastfeeding. Section 24 of the Act therefore does not satisfy the principle of legality, which requires that an offence be clearly defined in law so that it is clear to anyone what acts or omissions make him or her liable.

Section 24 of the Act also requires that those who have HIV disclose their status to their “sexual contacts” but it does not create any duty for the “sexual contacts” to keep the information confidential. Section 24 of the Act therefore contravenes the constitutional right to privacy stipulated in Article 31 of the Constitution of Kenya, 2010.
_____________
Full Summary by Godfrey Kangaude  is online here.

Legal Grounds: Reproductive and Sexual Rights in African Commonwealth Courts   (2000 to 2008) Volumes I and II can be downloaded here.Our update will be published early in 2017. Decisions already identified for inclusion in  are online here.  New case summaries are attached every month.   If you can suggest other cases, please do!   How You Can Help.


Africa: New book on Strengthening protection of SRH through Human Rights

February 26, 2015

Congratulations to Charles Ngwena and Ebenezer Durojaye, editors of this useful 365-page book available online here!   We are delighted to provide an overview and Table of Contents below.

Strengthening the protection of sexual and reproductive health and rights in the African region through human rights, ed. Charles Ngwena and Ebenezer Durojaye (Pretoria, South Africa:  Pretoria University Law Press (PULP), 2014) 12 chapters, 365 pages.   Entire book online!

Strengthening the protection of sexual and reproductive health and rights in the African region through human rights uses rights-based frameworks to address some of the serious sexual and reproductive health challenges that the African region is currently facing. More importantly, the book provides insightful human rights approaches on how these challenges can be overcome. The book is the first of its kind. It is an important addition to the resources available to researchers, academics, policymakers, civil society organisations, human rights defenders, learners and other persons interested in the subject of sexual and reproductive health and rights as they apply to the African region. Human rights issues addressed by the book include: access to safe abortion and emergency obstetric care; HIV/AIDS; adolescent sexual health and rights; early marriage; and gender-based sexual violence.

TABLE OF CONTENTS:
Foreword by Commissioner Soyata Maiga   (Special Rapporteur on the Rights of Women in Africa) (p. viii)
INTRODUCTION: 
1.  Strengthening the protection of sexual and reproductive health and rights in the African region through human rights: An introduction
by Charles Ngwena and Ebenezer Durojaye  (page 1)

PART I: REPRODUCTIVE AUTONOMY, ACCESS TO SAFE ABORTION AND EMERGENCY OBSTETRIC CARE:
2.  Reducing abortion-related maternal mortality in Africa:
Progress in implementing Objective 5 of the Maputo Plan of Action on Sexual and Reproductive Health Rights
          by Eunice Brookman-Amissah and Tinyade Kachika    (page 31)
3.  Access to legal abortion for rape as a reproductive health right: A commentary on the abortion
regimes of Swaziland and Ethiopia
           by Simangele Mavundla and Charles Ngwena     (page 61)
4.  Abortion and the European Convention on Human Rights: A lens for abortion advocacy in Africa
           by Christina Zampas and Jaime Todd-Gher     (page 79)
5.  Accountability for non-fulfilment of human rights obligations:
A key strategy for reducing maternal mortality and disability in sub-Saharan Africa
           by Onyema Afulukwe-Eruchalu      (page 119)
PART II: HIV/AIDS FOCUS:
6.  Adolescent girls, HIV, and state obligations under the African Women’s Rights Protocol
           by Karen Stefiszyn  (page 155)
7.  Advancing a feminist capabilities approach to HIV/AIDS in sub-Saharan Africa
           by Rebecca Amollo (page 181)
8.  The right to health and AIDS medicines in sub-Saharan Africa:
Assessing the outcomes of a human rights-based approach to medicines
           by Lisa Forman  (page 211)

PART III: SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS:
INTERSECTIONS WITH ADOLESCENCE, EARLY MARRIAGE, GENDER-BASED VIOLENCE AND POVERTY:
9.  Sexual health and rights of adolescents: A dialogue with sub-Saharan Africa
           by Godfrey Kangaude and Tiffany Banda  (page 251)
10.  Promoting sexual and reproductive rights through legislative interventions:
A case study of child rights legislation and early marriage in Nigeria and Ethiopia
           by Ayodele Atsenuwa (page 279)
11.  Gaps in gender-based violence jurisprudence of international and hybrid criminal courts:
Can human rights law help?
           by Susana Sácouto  (page 305)
12. Women, sexual rights and poverty: Framing the linkage under the African human rights system
           by Fana Hagos Berhane  (page 331)

Decisions, Conferences, Fellowships, Resources and Jobs

July 2, 2013

REPROHEALTHLAW-L
July 2, 2013

DECISIONS

Canada: R v Levkovic  2013 SCC 25  Supreme Court, 3 May 2013, upheld the criminal law prohibiting disposing of dead body of child with intent to conceal its delivery whether child died before, during or after birth.
The law does not breach Charter rights.   Full text online.

Gender Justice Uncovered Awards 2013:  highlight Best and Worst decisions re gender equality.  Women’s Link Worldwide.

Best Decisions in the past year:

Mensah v. Mensah (Supreme Court of Ghana)  – equal distribution of assets at divorce.  Details here.

P. & S.  v. Poland – European Court of Human Rights found human rights violations regarding delayed abortion for raped girl.  Details here.     Further details and links.

Mmusi vs. Ramantele – The High Court of Botswana abolished a traditional property law and ruled that women equal right of inheritance  Details here.

CONFERENCES:

Conference on Rights of Women in Africa, Centre for Human Rights, University of Pretoria, South Africa.  Topics include:  Women and HIV, Access to Safe abortion, Women’s Repro Rights & role of resources, and Women’s Sexual rights   Travel & accommodation funding for authors of accepted papers. Submit abstracts by July 31, 2013.   Details here.

“Derecho a la vida: un dialogo sobre justicia, igualdad de genero y derechos reproductivos en America Latina.” Third Latin American Legal Congress on Reproductive Rights, Cuernavaca, Morelos – Mexico,
October 14-16, 2013. Conference website.

FELLOWSHIPS:

CIHR Graduate Fellowships in Health Law, Ethics and Policy
– for international and Canadian applicants pursuing a full-time master’s or doctoral degree in 2014-2015 at one of our four affiliated Canadian law schools.  Applicants must be accepted into the graduate program at any of following law schools:
Faculté de droit de l’Université de Sherbrooke
Faculty of Law, University of Alberta
Faculty of Law, University of Toronto
Schulich School of Law, Dalhousie University
Apply by March 2014.  Fellowship information.

RESOURCES

“Abortion and Conscientious Objection: The New Battleground”  by Anne O’Rourke , Lachlan De Crespigny, and Amanda Pyman,  Working paper.

“Abortion Law Around the World: Progress and Pushback,” by Louise Finer and Johanna B. Fine, April 2013, Vol 103, No. 4 | American Journal of Public Health 103.4 (April 2013): 585-9. Article online for subscribersAbstract

[abortion] Human rights versus legal control over women’s reproductive self-determination, by Diya Uberoi and Maria de Bruyn, in Health and Human Rights 15.1 (June 2013): 161- 174.  Article online.

[abortion ] Life Before Birth: The Moral and Legal Status of Embryos and Fetuses, by Bonnie Steinbock [pro-choice],  Oxford University Press, 2011, 2nd edition, 327 pages.
–Reviewed by Anna Smajdor in 21.2 Medical Law Review, June 2013: 327-335.  Academic subscribers click here.

[abortion]  “Remaking the case for a woman’s right to choose” by
Ann Furedi, bpas Reproductive Review, 26 April 2013.  Article online. 

[abortion]  “Sex equality arguments for reproductive rights: their critical basis and evolving constitutional expression, by Reva B. Siegel, in Gender & Equality Law, ed.  Julie Goldscheid (Ashgate, 2013).  Book information.

[abortion] “The global reproductive health and rights agenda: opportunities and challenges for the future,” by Laura Reichenbach,  in Gender & Equality Law, ed.  Julie Goldscheid (Ashgate, 2013).
Book information.

[abortion – Bolivia, Brazil, Argentina] “When Abortion is a Crime:  The Threat to Vulnerable Women in Latin America,” by G. Kane, B. Galli and P. Skuster  (Chapel Hill, NC: Ipas, 2013) 20-page report.

[abortion] Chilean Study asserting that restrictive abortion laws do not impact abortion-related maternal mortality has fundamental flaws.  English report  is now available in Spanish:   Spanish report.

[abortion – India]   Unsafe abortion: why restricting abortive drugs only makes a bad situation worse, BMJ (31 May 2013) Article online.

[abortion – Ireland] “Impossible Floodgates and Unworkable Analogies in the Irish Abortion Debate” by Fiona De Londras and Laura Graham,  Irish Journal of Legal Studies, Forthcoming. Article online.

[abortion – Ireland  and Catholic health policy] Termination of pregnancy as emergency obstetric care: the interpretation of Catholic health policy and the consequences for pregnant women: An analysis of the death of Savita Halappanavar in Ireland and similar cases, by Marge Berer, Reproductive Health Matters 21(41), May 2013,  9-17.  Abstract online.

[abortion – Mexico City] “Evolving capacity and decision-making in practice: adolescents’ access to legal abortion services in Mexico City,” by Jessie Clyde, Jennifer Bain, Kelly Castagnaro, Marcela Rueda, Carrie Tatum, Katherine Watson, Reproductive Health Matters 21(41), May 2013,  167-175.  Abstract online.

[abortion – Nigeria] “The Nigerian Woman and Reproductive Autonomy: A View of Autonomy as Empowerment” by Aniaka Angel-Jacinta Oluchi.   [includes discussion of abortion law reform proposals and attempts]  Working paper.

[abortion – sex selection] “Bans on Sex-Selective Abortions: How Far is Too Far?”  by Annie Moskovian, Hastings Constitutional Law Quarterly, Vol. 40, No. 2, 2013. Article online.

[abortion – Rwanda] “Advocating for safe abortion in Rwanda: how young people and the personal stories of young women in prison brought about change,”  by Chantal Umuhoza, Barbara Oosters, Miranda van Reeuwijk and Ine Vanwesenbeeck. Reproductive Health Matters 21(41), May 2013,  49-56.  Abstract online.

“Effective Access to Justice Against State and Non State Actors in the Framework Convention on Global Health,” by Martin Hevia, with  Carlos Herrera Vacaflor, Health & Human Rights 13 (June 2013).  Article online.

Gender and Equality Law, ed.  Julie Goldscheid (Ashgate, 2013).   Introduction online at SSRN.     Table of contents online.

Gender and Sexuality in Latin America – Cases and Decisions, ed. Cristina Motta & Macarena Saez,  (Springer, 2013) 323 pages.
English book details.    Download original Spanish edition.

Gender Justice Observatory from Women’s Link Worldwide- useful database to explore cases and strategies.  Gender Justice Observatory.

[HIV/AIDS] “CrowdOutAIDS: crowdsourcing youth perspectives for action.” by Mikaela Hildebrand, Claudia Ahumada, Sharon Watson,  Reproductive Health Matters 21.41 (May 2013):  57-68).  Abstract.

“Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision” by Rebecca J. Cook,  American Journal of Law, Medicine & Ethics, 41.1 (Spring 2013): 103-123.  Abstract online.   Original English PDF is now online (click Save icon here, then “Save PDF”). 
New Portuguese translation is online here. 

Reproductive Rights Around the World:   The complete global map of laws governing abortion and birth control.  by Chris Kirk, Charanya Krishnaswami, Katie Mesner-Hage, and Skye Nickalls, in Slate (May 2013):  Map online.

Sexual Orientation and Gender Identity (SOGI) database – presents examples of LGBT-friendly laws around the world.  Joint initiative by International Commission of Jurists and law students from the the International Human Rights Program at the University of Toronto’s Faculty of Law.   Access the database here.

Theses of graduates of our International Reproductive and Sexual Health Law Program at the Faculty of Law, University of Toronto – Abstracts online.

“Young People, Sex and Relationships” theme of Reproductive Health Matters 21(41), May 2013, includes papers from Australia, Bangladesh, Brazil, Colombia, Ecuador, Guatemala, India, Nicaragua, Rwanda,
South Africa, Tanzania, UK, USA, and Zambia.  Details online.

NEWS

Australia:  Abortion pill RU486 and three cancer drugs added to the Pharmaceutical Benefits Scheme.  News report

Bolivia:  “After jailing women, Bolivia weighs legalizing abortion”
by Gillian Kane, The Atlantic,  June 24 2013  Article online.

El Salvador:  Woman Denied Abortion Has Caesarean Section instead.  Anencephalic baby dies within hours.  News report.
UN experts urged El Salvador to reconsider abortion legislation, citing Constititutional court ruling against ill woman.  UN press release.
Where illegal abortion leads: A case in El Salvador shows the danger of restricting abortion. Editorial by Nancy Northup 

Ireland:  Irish abortion law confusion a key factor in death of Savita Halappanavar, official report finds  News report.

Macedonia: Parliament restricts abortion beyond 10 weeks of pregnancy.  News report.

UN Security Council Resolution 2106 addressing sexual violence in armed conflict, explicitly calls for humanitarian care to provide “non-discriminatory and comprehensive health services, including sexual and reproductive health.” Press release from the Global Justice Center.
Stop Rape press release.

Uruguay abortion law will not go to referendum. News report.
More details

US-focused news, resources, and legal developments are available on Repro Rights Prof Blog.  View or subscribe.

JOBS

Advocacy Program Officer, Latin American office of Planned Parenthood Global, in Miami, Florida. prefers law degree, and/or policy-related backgrounds.   Job details.

Director of Pro Bono Services, Center for Reproductive Rights, New York, USA, Apply by July 19, 2013.  Job details.

Global Health: Science and Practice (GHSP) “Job Opportunities” website – free for recruiters and job seekers.  Online here.

Internship,  Legal Counsel At The Organización Nacional Indígena De Colombia, 6 month  internship, Lawyers Without Borders Canada. Bogota, Colombia.   Internship details.

Policy Associate, policy and advocacy for women’s sexual and reproductive health and rights. based at Ipas headquarters, Chapel Hill, N.C., USA.  Law degree preferred.  Apply immediately.  Job details.

Programme Manager, Sexual And Reproductive Health And Rights, Plan UK, in London, UK.  Apply by July 4, 2013.  Job details.

Links to other employers in the field of Reproductive and Sexual Health Law are online here.

——————–

Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here.

TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.