REPROHEALTHLAW Updates – Summer 2020

August 31, 2020

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

DEVELOPMENTS
[Argentina, abortion, conscience]  Argentina Ministry of Health issued a protocol expanding hospital abortion access to pregnancies resulting from rape. Raped girls 13 and over can have abortions without parental consent. The protocol also weakens a doctor’s ability to refuse to perform such abortions due to personal objection. New York Times, Dec 12, 2019.

[IACtHR, Ecuador], First standards for protection from sexual violence in schools: Paola del Rosario Guzmán Albarracín et al. v. Ecuador, Case C No. 405 (June 24, 2020) Sentencia en espanol – 85 paginas. Public Hearing Jan. 28 2020Resolución (Asuntos) 7 paginas. Reprohealthlaw blog summary.
Case comment in English (10 pages).

Ugandan Constitutional Court declares maternal health a constitutional right. First African court to do so. The Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2020], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). [Maternal health] Decision of August 19, 2020. Reprohealthlaw blogpost. Longer comment with the Court’s twelve “Declarations.”

[United Kingdom, surrogacy] Whittington Hospital NHS Trust (Appellant) v. XX (Respondent) [2020] UK Supreme Court 14. (April 1, 2020) allows paid surrogacy, where legal, in foreign countries. Decision (24 pages). Article by Prof. Bernard Dickens.

WEBINARS
“Access to medical abortion: Global South perspectives,”, with Panelists Dr. Shilpa Shroff, Prof. Dipika Jain, Dr. Sana Durvesh, and Moderator, Sai Jyothirmai Racheria. Organizers: SARJAI and SAIGE. Friday, Sept. 4, 2020, 14:30 (GMT+8, Kuala Lumpur time). Register here for Sept 4.

“Telemedicine, self-managed abortion and access to abortion in the context of the Covid-19 pandemic,” chaired by Mariana Romero (Argentina). Speakers: Jade Maina (Kenya), Maria Mercedes Vivas (Colombia), Wendy V. Norman (Canada), Rodica Comendant (Moldova), Jasmine Lovely George (India), Kinga Jelinska (The Netherlands), Marge Berer (United Kingdom), to be held: Wednesday, September 23, 2020 (2:00-3:30 p.m. British Summer Time). Register here for Sept 23.

“Telemedicine / self-managed abortion is critical to strengthening women and girls’ reproductive rights and reducing maternal mortality” FIGO webinar, chaired by Prof. Dame Lesley Regan (FIGO), with speakers: Ambassador Dr. Eunice Brookman-Amissah (Ghana), Marge Berer (UK), Christina Zampas (Switzerland), Nelly Munyasia (Kenya), Evelyn Odhiambo (Kenya). Will be available in English, Spanish and French. To be held Thursday Sept. 24, 2020 at 15:00-16:30 (British Summer Time). Register for Sept 24.

SCHOLARSHIP
“Access to Abortion: An Annotated Bibliography of Reports and Scholarship,” prepared by the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, 2nd edition, 2020, 44 pages, (organized by country, focuses on barriers and recommendations, ) Annotated bibliography.

[abortion] “Abortion,” thematic chapter in Comparative Human Rights Law, by Sandra Fredman (Oxford UP, Nov. 2018). Institutional access through Oxford Scholarship Online. About the book.

[abortion, Argentina, Ireland, US] “Argentina’s path to Legalizing Abortion:  A comparative analysis of Ireland, the United States and Argentina,” by  Andrea F. Noguera, Southwestern Journal of International Law 25.2 (2019): 356-392.    Article online.

[abortion, Brazil, Argentina, Uruguay ] “Challenges and opportunities for access to legal and safe abortion in Latin America based on the scenarios in Brazil, Argentina, and Uruguay,” by Beatriz Galli – Cadernos de Saúde Pública, 2020 – SciELO Public Health

[abortion, Brazil] Understanding the sexual and reproductive health needs in Brazil’s Zika-affected region: placing women at the center of the discussion,” by D. Diniz, L. Brito, I. Ambrogi, AB Tavares, M. Ali. International of Gynaecology and Obstetrics 2019; 147: 17 Institutional access

[abortion, India] “Reimagining Reproductive Rights Jurisprudence in India: Reflections on the Recent Decisions on Privacy and Gender Equality from the Supreme Court of India,” by Dipika Jain and Payal Shah. Columbia Journal of Gender and Law 39.2(2020), 1-53. Article online.

[abortion law, India] “A Womb of One’s Own: Privacy and Reproductive Rights,” Arijeet Ghosh & Nitika Khaitan (2017) 52:42/43 Economic & Political Weekly, [1-9], re landmark Aug 24, 2017 privacy decision (Puttaswamy) already helped decriminalize homosexuality, adultery–potentially abortion. Article online.

Human Rights Quarterly is freely available online during the COVID-19 pandemic.  All issues.

[obstetric violence] “Operationalizing a Human Rights-Based Approach to Address Mistreatment against Women during Childbirth,” by Christina Zampas, Avni Amin, Lucinda O’Hanlon, Alisha Bjerregaard, Hedieh Mehrtash, Rajat Khosla, and Özge Tunçalp, Health and Human Rights Journal, June 8, 2020 In press, text online.

[surrogacy] “Paid surrogacy abroad does not violate public policy: UK Supreme Court,” by Bernard M. Dickens, International Journal of Gynecology and Obstetrics 150.1 (2020): 129-133. PDF at Wiley Online.    Abstract and Submitted Text.

[U.S. reproductive decisions] Feminist Judgments: Reproductive Justice Rewritten, ed. Kimberly Mutcherson, Cambridge UP, 2020. Book details.

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

Violence Against Women’s Health in International Law, new book by Sara De Vido, Manchester University Press, 2020. Abstract and Table of Contents.

JOBS
Links to employers in the field of Reproductive and Sexual Health Law are online here.
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our PublicationsInformation resources, and Reprohealthlaw Commentaries SeriesTO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.


REPROHEALTHLAW Updates – Feb/March 2020

March 31, 2020

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

DEVELOPMENTS

[CEDAW] S.F.M. v. Spain. The Committee on the Elimination of Discrimination against Women urges reparations to a woman who suffered lasting physical and mental trauma during childbirth, and recommends public policies to combat obstetric violence (verbal or physical abuse or mistreatment during childbirth). CEDAW/C/75/D/138/2018, Decision of 28 Feb 2020. Press release. Decision in Spanish.

[Colombia] Constitutional Court declines to consider anti-choice petition, allowing three exceptions to criminal law against abortion to continue. March 2, 2020. Expediente D-13225, Boletín No. 25:     Decision in Spanish.  News article in EnglishSafe Abortion article in English.

[England]: Secretary of State for Health and Social Care has approved “Temporary approval for home use for both stages of early medical abortion” (up to 10 weeks), due to COVID-19 pandemic. Government announcement, March 30, 2020. RCOG Guidance for Health Professionals, version 1, March 21, 2020.

European Court of Human Rights dismisses complaint of conscientious objector who could not secure job as a midwife in Sweden. Case of Grimmark v. Sweden,   App. No. 43726/17, Eur. Ct. H.R. (2020)  Decision online Backup copy. Overview by Prof. Bernard M. Dickens.

New Zealand decriminalizes abortion, reclassifying it as a medical procedure, available on request within first 20 weeks of pregnancy. Abortion Legislation Act 2020 (2020/6) received royal assent March 23, 2020. New legislation. News report.

Northern Ireland – will allow abortion on request within 12 weeks, March 31, 2020. “A new legal framework for abortion services in Northern Ireland: Implementation of the legal duty under section 9 of the Northern Ireland (Executive Formation etc) Act 2019. UK government document. BBC news report.

[Thailand] Constitutional Court ruled that Criminal Code section 301 concerning penalties for abortion violates the 2017 Constitution sections 27, 28, which endorse equal rights between men and women, as well as the right and liberty of everyone in his/her life and person. Decision of February 19, 2020, summarized in: News report.

SCHOLARSHIP

[Abortion, Australia (NSW)] “Abortion Decriminalisation in New South Wales: An Analysis of the Abortion Law Reform Act 2019 (NSW), by Anna Walsh and Tiana Legge, Journal of Law and Medicine, 30 Nov 2019, 27(2):325-337 Article online.

[abortion, Australia (SA)] “Abortion: A Review of South Australian Law and Practice,” by the Southern Australian Law Reform Institute(SALRI), Report 13 (October 2019), submitted to Attorney General Dec. 5, 2019, recommendations for planned decriminalization. 506-page report. News report.

[abortion, Belgium] “Late Termination of Pregnancy in Belgium: Exploring Its Legality and Scope,” byFien De Meyer – European Journal of Health Law 27.1 (2020): 9-34 Abstract and Article.

[abortion law, Canada] “When there are no abortion laws: A case study of Canada,” by Dorothy Shaw, Wendy V. Norman, Best Practice & Research Clinical Obstetrics & Gynaecology 62 (Jan. 2020): 49-62. Abstract and related resources. Article online.

“Abortion in Ireland,” Feminist Review 124.1 (March 2020), Special issue includes:
— Introduction to the Themed Issue,” by Sydney Calkin, Fiona de Londras, Gina Heathcote.
—[Ireland] ‘A Hope Raised and then Defeated’? the Continuing Harms of Irish Abortion Law, by Fiona de Londras
—[El Salvador] ‘Repeal the 8th’ in a Transnational Context: The Potential of SRHRs for Advancing Abortion Access in El Salvador, by Rebecca Smyth
—-[Italy] The Ambivalence of Law: Some Observations on the Denial of Access to Abortion Services in Italy, by Elena Caruso

Abortion Law Decisions webpage, with links to court decisions, updated March 2020, is online here in Englishy en Espanol.

[abortion, Mexico] “Abortion Rights and Human Rights in Mexico, by Jennifer Nelson, chapter in Reproductive Justice and Sexual Rights: Transnational Perspectives, ed. Tanya Saroj Bakhru (New York: Routledge, 2019; 264 pp. About the book.

[abortion, U.K.] “Decriminalising Abortion in the UK- What Would It Mean?” ed. Sally Sheldon and Kaye Wellings. (Bristol: Policy Press, March 23, 2020) 112 pages, Open Access book.

Women’s Health and the Limits of the Law: Domestic and International Perspectives, ed. Irehobhude O. Iyioha (Routledge, 2020), Book information. Chapters include:
—“Abortion law in China: disempowering women under the liberal regulatory model,” by Wei Wei Cao
—“Tilted interpretations,: reproductive health law and practice in the Philippines,” by Amparita Sta. Maria
—“On the margins of law: examining the limits of legislative initiatives on maternal mortality in South Africa and Nigeria,” by Arooj Shah, Simisola O. Akintola and Irehobhude O. Iyioha

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

WEBINAR:
“COVID-19: What implications for SRHR globally?” by Sexual and Reproductive Health Matters, held March 27, 2020. 100-minute video.

JOBS

Links to employers in the field of Reproductive and Sexual Health Law are online here.
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our PublicationsInformation resources, and Reprohealthlaw Commentaries SeriesTO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.


REPROHEALTHLAW Updates – Nov/Dec. 2019

December 9, 2019

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:
Canada (Ontario): Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393, Doc. no. C65397, Decision of May 15, 2019. (Canada: Ontario Court of Appeal)  Decision onlineCase summary by Bernard M. Dickens.

Ecuador:  National Assembly fails to decriminalize abortion for rape victims. Guardian newspaper report.

[U.S. – conscience]  Federal Judge holds Trump-Backed ‘Conscience Rule’ for Health Workers unconstitutional. Nov. 6, 2019  Washington Post Report.

SCHOLARSHIP:

[abortion and miscarriage] “The Law and Ethics of Fetal Burial Requirements for Reproductive Health Care,” by Dov Fox, I. Glenn Cohen and Eli Y. Adashi, JAMA 322. 14(Oct 8, 2019): 1347-8. Abstract and institutional access.

[abortion law, Ireland] “Intersectionality, Repeal, and Reproductive Rights in Ireland,” by Fiona de Londras, forthcoming in: Shreya Atrey and Peter Dunne (eds), Intersectionality and Human Rights, Abstract and chapter.

[conscience] Abortion Care in Ireland: Developing Legal and Ethical Frameworks for Conscientious Provision, by Mary Donnelly and Claire Murray, International Journal of Gynecology and Obstetrics 148 (Jan. 2020): 127–132. PDF at Wiley Online for 12 months Abstract and article on SSRN.

European Abortion Laws: A Comparative Overview, Center for Reproductive Rights, Nov. 2019. 9-page Fact Sheet,

Feminist Judgments in International Law, ed. Loveday Hodson and Troy Lavers (Oxford: Hart, 2019), 279-302 (511 pages). Publisher’s abstract. About feminist rewrite of ECtHR’s A, B. & C v. Ireland.

[homosexuality] “Nigerian High Court avoided constitutional scrutiny of anti-gay laws : Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria (2014),” Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, Reprohealthlaw Blog, Dec. 10, 2019 Decision online.    6-page Case Comment by Ovye Affi.

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

JOBS

Links to employers in the field of Reproductive and Sexual Health Law are online here.
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our PublicationsInformation resources, and Reprohealthlaw Commentaries SeriesTO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.


Abortion Care in Ireland: Legal and Ethical Frameworks for Conscientious Provision

December 9, 2019

Congratulations to Professors Mary Donnelly and Claire Murray of University College Cork’s Law Faculty, for their new publication in the “Ethical and Legal Issues in Reproductive Health” section of the International Journal of Gynecology and Obstetrics. We are pleased to cite their abstract below:

Mary Donnelly and Claire Murray, “Abortion Care in Ireland: Developing Legal and Ethical Frameworks for Conscientious Provision,”   International Journal of Gynecology and Obstetrics, Jan. 2020; 148: 127–132.  DOI: 10.1002/ijgo.13025. PDF online for 12 months.   Abstract and Submitted Text.

This article celebrates the remarkable changes which have occurred in the provision of abortion care in Ireland following the vote to remove the restrictive Eighth Amendment to the Constitution of Ireland in May 2018. However, it also identifies ways in which the emerging legal, ethical and clinical landscape is still impeding the conscientious provision of abortion care. It argues that in order to address these impediments, more attention needs to be paid to the ethical context for conscientious provision. This requires political leadership as well as ongoing leadership by professional bodies to develop both the clinical and the ethical guidance for conscientious provision.

Key Words: Abortion, Abortion law reform, Conscientious provision of abortion, Ethical guidance for conscientious abortion provision, Ireland

___________
The full text is available online. PDF online for 12 months.      Abstract and Submitted Text on SSRN.

Ethical and Legal Issues in Reproductive Health – 90+ concise articles.

Conscientious Objection / The Right to Conscience, updated May 9 2019 Annotated Bibliography online
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our PublicationsInformation resources, and Reprohealthlaw Commentaries Series.
TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.


REPROHEALTHLAW Updates – Oct 2019

October 31, 2019

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:

Australia – Abortion decriminalized September 26, 2019. New South Wales (NSW), the last remaining state where it was illegal, legalized abortion up to 22 weeks for any reason, and up to birth with medical committee review. BBC Report.

[homosexuality] “Botswana High Court decriminalizes homosexuality. Letsweletse Motshidiemang v Attorney General,[2019] MAHGB-000591-16, Decision of June 11, 2019. (High Court of Botswana). Decision online.   Case comment by Kutlwano Pearl Magashula, Other African court cases from our “Legal Grounds” series.

Mexico: Supreme Court abortion ruling upholds human right to health in the case of “Marisa”/”Jane Doe”:  Suprema Corte de Justicia de la Nación, Primera Sala, Amparo en Revisión 1388/2015  May 15, 2019. Decision in Spanish.   English translation. Videos from Harvard conference with 2 Mexican SC judges. Expert blogposts by Court clerks: Adriana Ortega on “risk to health” in the decision; David García Sarubbi: on Fundamental right to health and judicial review; Patricia del Arenal Urueta, on “Rights” discourse in Mexico. Estefanía Vela Barba, LL.M., comments on gender perspective, international law, and a path to decriminalization. Overview of these resources.

[Northern Ireland] Sarah Ewart v  NI Departments of Justice and Health, October 3, 2019. (High Court of Belfast)  Court followed the ruling of the UK Supreme Court  that  Northern Ireland  abortion law is incompatible with ECHR Article 8 in relation to fatal foetal abnormality (“FFA”).  Court also ruled that applicant Ms Ewart has standing to bring a challenge to the current legislation.  Official summary

[Northern Ireland] Abortion decriminalized by the United Kingdom, October 22, 2019, in absence of devolved Northern Irish government. Regulations for abortion provision must be in place by March 2020. Same sex weddings also legalized. First weddings in February 2020. BBC report.

[Tanzania, child marriage] Attorney General vs Rebeca Z. Gyumi (Civil Appeal No.204 of 2017) [2019] TZCA 348; (23 October 2019) High Court of Appeals upheld 2016 decision that Third party consent to marriage of girls under 18 is unconstitutional.] 52-page Decision onlineBlog about 2016 decision. Article about 2016 decision.

SCHOLARSHIP

[abortion and human rights] “Extending the Right to Life Under the International Covenant on Civil and Political Rights: General Comment 36,” by Sarah Joseph, Human Rights Law Review 19.2 (June 2019): 347–368. Institutional access.

[abortion law, Ireland] “The Last Holdout: Ireland, the Right to Abortion and the European Federal Human Rights System” by Federico Fabbrini. iCourts Working Paper Series, No. 142, 2018. Abstract and article.

[abortion law, Ireland] “‘The Only Lawyer on the Panel’: Anti-Choice Lawfare in the Battle for Abortion Law Reform,” by Fiona de Londras and Máiréad Enright. Forthcoming in Kath Browne & Sydney Calkin, “After Repeal: The Future of Women’s Reproductive Rights” (Zed Books, 2019) Submitted text.

[abortion law, Mexico] “The Mexican Supreme Court’s latest abortion ruling:  In between formalities, a path to decriminalization.” by Estefanía Vela Barba, Reprohealthlaw Commentaries Series, October 31, 2019.  Full comment

[abortion law, Mexico and Latin America] “Abortion Battles in Mexico and Beyond: The Role of Law and the Courts,” proceedings of conference by the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, held October 4, 2019, Videos of all presentations

[African sexual, racial and cultural diversity] Charles Ngwena interviewed on Africa Rights Talk: Aug. 19, 2019: (26-min. podcast) about his book, What is Africanness? : Contesting nativism in culture, race and sexualities (Pretoria University Law Press (PULP), 2018) 306 pages. Download Free PDF or order paperback.

[child marriage, Tanzania] “The analysis of child marriage and third party consent in the case of Rebeca Z. Gyumi v Attorney General Miscellaneous Civil Case no 5 of 2016 Tanzania High Court at Dar es Salaam,” by Norah Hashim Msuya, Ph.D, [2019] De Jure Law Journal 52 (2019): 295-315 Article online.

[conscience] “Selective Conscientious Objection in Healthcare, by Christopher Cowley in The New Bioethics 25.3 (2019): 236-247 ( Part of a special issue on Conscience in Healthcare) Abstract and Article.

“Post-abortion care:  Ethical and Legal Duties,” by Bernard M. Dickens, International Journal of Gynecology and Obstetrics 2019; 147: 273–278.   PDF at Wiley Online.    Submitted text at SSRN. FIGO guidelines and other resources.

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

JOBS

Links to employers in the field of Reproductive and Sexual Health Law are online here.
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our PublicationsInformation resources, and Reprohealthlaw Commentaries SeriesTO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.


Abortion Across Borders: Transnational Travel and Access to Abortion Services

March 15, 2019

Congratulations to the editors and authors of a new book, Abortion across Borders Transnational Travel and Access to Abortion Services, who examine how restrictive policies force women to move both within and across national borders in order to reach abortion providers, often at great expense, over long distances and with significant safety risks.  Taking historical and contemporary perspectives, contributors examine the situation in regions that include Texas, Prince Edward Island, Ireland, Australia, the United Kingdom, and Eastern Europe.  Throughout the book, they take a feminist intersectional approach to transnational travel and access to abortion services that is sensitive to inequalities of gender, race, and class in reproductive health care. This multidisciplinary volume raises challenging logistical, legal, and ethical questions while exploring the gendered aspects of medical tourism.   To request an examination or review copy,  see online here.  We are pleased to circulate the full Table of Contents:

Christabelle Sethna and Gayle Davis, eds., Abortion across Borders:  Transnational Travel and Access to Abortion Services,  Johns Hopkins University Press, 2019.  360 pages.  Detailed overview, Author bios, Reviews, and Contents.

Table Of Contents

Introduction:
Christabelle Sethna

Part I. Flight Risks

1. Sherri Finkbine Flew to Sweden: Abortion and Disability in the Early 1960s
Lena Lennerhed

2. From Heathrow Airport to Harley Street: The ALRA and the Travel of Nonresident Women for Abortion Services in Britain
Christabelle Sethna

3. The Trans-Tasman Abortion Travel Service: Abortion Services for New Zealand Women in the 1970s
Hayley Brown

Part II. Domestic Transgressions

4. All Aboard the “Abortion Express”: Geographic Variability, Domestic Travel, and the 1967 British Abortion Act
Gayle Davis, Jane O’Neill, Clare Parker, and Sally Sheldon

5. A Double Movement: The Politics of Reproductive Mobility in Ireland
Mary Gilmartin and Sinéad Kennedy

6. Tales of Mobility: Women’s Travel and Abortion Services in a Globalized Australia
Barbara Baird

7. Don’t Mess with Texas: Abortion Policy, Texas Style
Lori A. Brown

8. Trials and Trails: The Emergence of Canada’s Abortion Refugees in Prince Edward Island
Cathrine Chambers, Colleen MacQuarrie, and Jo-Ann MacDonald

Part III. Democratic Transitions

9. Abortion Travel and the Cost of Reproductive Choice in Spain
Agata Ignaciuk

10. “The Import Problem”: The Travels of Our Bodies, Ourselves to Eastern Europe
Anna Bogic

11. Abortion and the Catholic Church in Poland
Ewelina Ciaputa

12.  Beyond the Borders of Brexit: Traveling for Abortion Access to a Post-EU Britain
Niklas Barke

Abortion across Borders:  Transnational Travel and Access to Abortion Services, 

Book Overview, Author bios, Reviews, and Contents.

__________________
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.


REPROHEALTHLAW Updates – February 2019

February 19, 2019

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:

[abortion] Ireland – The Health (Regulation of Termination of Pregnancy) Act was signed into law, effective January 1, 2019.  Medical Council also deleted four of the five paragraphs dealing with abortion from its guide on professional conduct and ethics because they conflicted with the Act.  Newspaper article.

[abortion -Northern Ireland] UK Supreme Court had ruled in June ([2018] UKSC 27 (7 June 2018)  On appeal from: [2017] NICA 42that violation of European Convention on Human Rights could not be decided without at least one complainant.  On January 30, 2019,  Sara Ewart, who had once travelled for abortion of a fatally impaired fetus, launched a case that could find Northern Ireland’s abortion law in breach of the UK’s human rights commitments. She is supported by Amnesty International.  News articleAmnesty International press release.

[conscience – institutional] Chile, Constitutional Court upheld an unconstitutionality claim against the government’s new Regulations about the scope of “institutional” conscientious objection for private facilities and clinics.  STC Rol N° 5572-18-CDS / 5650-18-CDS (acumuladas). January 18, 2019.   Spanish decision  English news report.

[conscience]   Norway: Supreme Court upholds rights of doctor who refused to insert IUD.  Two cases: I. Sauherad municipality (Counsel Frode Lauareid) v. A, Norges Kristelige Legeforening (intervener) (Counsel Håkon H. Bleken), II. A, Norges Kristelige Legeforening (intervener) (Counsel Håkon H. Bleken) v. Sauherad municipality (Counsel Frode Lauareid, HR-2018-1958-A (case no. 2018/199), 11 October 2018 (Supreme Court of Norway) Judgment online in English – official translation.      Newspaper article.

[stigma] US:  Vending Machines Offer Emergency Contraception Without the Stigma introduced in 2012, now at several campuses, including Stanford University.   News report.

SCHOLARSHIP:

[abortion access]  Crossing Troubled Waters: Abortion in Ireland, Northern Ireland, and Prince Edward Island, ed. Colleen MacQuarrie, Fiona Bloomer, Claire Pierson and Shannon Stettner (Charlottetown, PEI, Canada: Island Studies Press, 2018). 288 pages.      Table of ContentsPublisher’s web page.

[abortion law]   “Criminal law and the risk of harm: a commentary on the impact of criminal laws on sexual and reproductive health, sexual conduct and key populations,” by Veronica Birga, Luisa Cabal, Lucinda O’Hanlon & Christina Zampas.   Reproductive Health Matters, 26.52 (2018): 33-37 Article online.

[abortion law, Argentina] Federalism, two-level games and the politics of abortion rights implementation in sub-national Argentina, by Alba Ruibal, in Reproductive Health Matters 26:54 (Nov. 2018): 137-144.   Article in English with abstracts in English. French & Spanish.

[abortion law, Argentina] “Legal obstacles and social change: strategies of the abortion rights movement in Argentina,” by Alba Ruibal and Cora Fernandez Anderson, in Politics, Groups and Identity,  preview November 2018, 17 pages.  Institutional access.   Abstract from Safe Abortion.

[abortion law, Argentina]”Federalism and subnational legal mobilization: feminist litigation strategies in Salta, Argentina,” by Alba Ruibal,  Law & Society Review,  32-page preview 29 October 2018. Institutional access.    Abstract from Safe Abortion.

[abortion law – Brazil]  Constitutionalizing Abortion in Brazil, by Marta Machado and Rebecca J. Cook, Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp.185-231.  Abstract and Article PDF.   Also at SSRN.

[abortion law – Brazil and Mexico]  “Constitutionalism and rights protection in Mexico and Brazil: comparative remarks, by Francisca Pou Giménez, in Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp 233-255  Abstract and article PDF.

[abortion law, Dominican Republic]  “It’s Your Decision.  It’s Your Life:  Total criminalization of abortion in the Dominican Republic.”  interviews, plus legal overview and recommendations.  (Human Rights Watch, Nov 19, 2018).   84 pages. English PDF    Spanish PDF.   Online in English.    Overview with 5-minute video.

[abortion law -Ireland]  “Abortion, the Irish Constitution, and constitutional change” by David Kenny, Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp. 257-275.   Abstract and Article PDF.

[abortion law, Mexico] “Maternidad o Castigo:  La criminalización del aborto en Mexico,”  (Mexico, GIRE, 2018)  [Report in Spanish:] Informe de 72 paginas.  For executive summary in English, see: Motherhood or Punishment: The criminalization of abortion in Mexico:  English summary.

[abortion law] “Northern Ireland and Abortion Law Reform,” by Kathryn McNeilly, Fiona Bloomer and Claire Pierson,  Queen’s University, Ulster University and University of Liverpool, Sept. 2018, open access, 8 pages.  Briefing Paper.

[adolescents]  “(De)Criminalizing Adolescent Sex: A rights-based assessment of age of consent laws in Eastern and Southern Africa,” by Godfrey Dalitso Kangaude and Ann Skelton, SAGE Open (Oct-Dec 2018): 1 –12.   Article online.   Abstract.

[conscience]  “Objection ladies! Taking IPPF-EN v. Italy one step further, by Emmanuelle Bribosia, Ivana Isailovic and Isabelle  Rorive, in:  Integrated Human Rights in Practice:Rewriting Human Rights Decisions, ed. Eva Brems and Ellen Desmet (Cheltenham, UK:  Elgar, 2018).  Abstract and previous version.

[conscience]  “Religious Refusals and Reproductive Rights,” by Louise Melling, chapter 14 in:  The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini and Michel Rosenfeld (Cambridge, UK:  Cambridge University Press, 2018)  pp. 375-391.   Institutional Access.

[conscience]  “Seeking to square the circle:  Conscientious objection in Reproductive Healthcare” by Emmanuelle Bribosia and Isabelle  Rorive, chapter 15 in:  The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini and Michel Rosenfeld (Cambridge, UK:  Cambridge University Press, 2018)  pp. 392-413.  Institutional Access.    Abstract and previous version

 

[gender stereotyping, I.V. v. Bolivia, sterilization]  “The human rights impact of gender stereotyping in the context of reproductive health care,” by Ciara O’Connell and Christina Zampas,  International Journal of Gynecology and Obstetrics 144 (2019):  116–121.  PDF online here.

[maternal health] Impact of reproductive evolutionary mismatch on women’s health and the need for action and research, by Mahmoud F. Fathalla, International Journal of Gynecology and Obstetrics 144 (Feb. 2019): 129–134.  Institutional Access.  

[New book] Beyond Virtue and Vice:  Rethinking Human Rights and Criminal Law
ed.  Alice M. Miller and Mindy Jane Roseman,  Pennsylvania Studies in Human Rights (Philadelphia: University of Pennsylvania Press, 2019)  360 pages. Book information.
Intro and chapters 1 and 3 online.
Chapters about abortion law include:
ο    “Abortion as Treason: Sexuality and nationalism in France” by Mindy Jane Roseman
ο    “Criminal Law, Activism and Sexual and Reproductive Justice: What we can learn from the sex selection campaign in India,” by Geetanjali Misra and Vrinda Marwah
ο    “Harm Production: An argument for decriminalization,”  by Joanna N. Erdman

JOBS

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

Senior Vice President, Global Legal Program, Center for Reproductive Rights, New York, USA.    Job details and application form.

______________
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.

 

 

 

 


Abortion access on islands: Ireland, N. Ireland & Prince Edward Island

February 19, 2019

Congratulations to the authors and publishers of a new book, Crossing Troubled Waters: Abortion in Ireland, Northern Ireland and Prince Edward Island, which shines a light on two islands—Ireland (north and south) and Prince Edward Island, Canada—and considers for each island the nature of the discourse on  abortion, the impact of abortion restrictions, ongoing efforts to improve access, and recent activist successes.   Women living on islands face additional challenges in accessing abortion services because of their geographic isolation, including travel to other jurisdictions, which is financially and emotionally burdensome.

Crossing Troubled Waters: Abortion in Ireland, Northern Ireland, and Prince Edward Island, ed. Colleen MacQuarrie, Fiona Bloomer, Claire Pierson and Shannon Stettner (Charlottetown, PEI, Canada: Island Studies Press, 2018). 288 pages.      Publisher’s web page.

Table of Contents
Introduction
1.     Accounts of Accessing Abortion in Prince Edward Island: Canada’s Anti-Choice Island,  by Colleen MacQuarrie and Cathrine Chambers

2.     Conceivable Possibilities: Space, Stigma, and Subjectivity, by Angele DesRoches

3.     “Don’t Talk About It”: The Silenced Experiences of Allies and Advocates to Abortion Access in PEI,  by Emily Rutledge

4.     Feminist Liberation Psychology: Animating Systemic Change on Abortion Access in PEI, by Colleen MacQuarrie

5.     The Law of Stigma, Travel, and the Abortion-Free Island, by Joanna Erdman, previous version online here.

6.     The Irish Abortion Debate, by Ciara Meehan

7.     Mobility, Migrants and Abortion in Ireland, by Sinead Kennedy and Mary Gilmartin

8.      A “United” Kingdom:?: The 1967 Abortion Act and Northern Ireland, by Jennifer Thomson

9.     Anti-abortion Myths in Political Discourse, by Claire Pierson and Fiona Bloomer

10.     From Grassroots to Government: Arts engagement Strategies in Abortion Access Activism in Ireland   by Emma Campbell and Siobhan Clancy

11.    A Tale of Two Islands: From the Local to the Global/International Resonances, by Marlene Gerber Fried

Conclusion,  by Colleen MacQuarrie, Fiona Bloomer, Claire Pierson, and Shannon Stettner

To purchase print copy, see:   Publisher’s web page.

Or PDF copies may be bought and downloaded here from the UPEI bookstore.

__________________
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.


REPROHEALTHLAW Updates – January 2019

January 14, 2019

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

Democratic Republic of the Congo: Legal access to abortion expanded in July 2018, to comply with Article 14 of the (Maputo) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. “Women can now legally access abortion – in cases of sexual assault, rape or incest, or when the continuing pregnancy would endanger the mental and physical health of the woman or the life of the woman or the fetus.”  Details from Safe Abortion.

El Salvador: Court frees another woman jailed under anti-abortion laws, BBC News (Dec. 18, 2018).   BBC News article

[U.N. Human Rights Committee]  General comment No. 36 (2018) on  article 6 of the International Covenant on Civil and Political Rights, on the right to life.” U.N. Doc, CCPR/C/GC/36, October 30, 2018. Advance unedited version.

ABORTION LAW DECISIONS ON THE WEB

Abortion Law Decisions webpages, in English and Spanish, are now updated with new court decisions and alternate links to older decisions. Prepared by our International Reproductive and Sexual Health Law Program at the University of Toronto’s Faculty of Law, it includes Domestic, Regional and International Jurisprudence.  English edition.   Spanish edition.

SCHOLARSHIP:

[abortion]  “Understandings of self-managed abortion as health inequity, harm reduction and social change,” by Joanna N. Erdman, Kinga Jelinska & Susan Yanow, Reproductive Health Matters 26.54 (Nov. 2018): 13-19.   Abstract and article.

[abortion]  “Re-situating Abortion: Bio-politics, Global Health and Rights in Neo-liberal Times.” Special Issue of Global Public Health 13.6 (2018). Guest Editors: Maya Unnithan and Silvia de Zordo.  Table of Contents with links to articles.

[abortion guidelines – France] “Elective abortion: Clinical practice guidelines from the French College of Gynecologists and Obstetricians (CNGOF)”  Christophe Vayssière et al.,et. al. European Journal of Obstetrics & Gynecology and Reproductive Biology 222 (March 2018): 95–101  Abstract and article.

[abortion law – Malawi] “The Duty to make abortion law transparent:  A Malawi case study,”  by Godfrey Dalitso Kangaude and Chisale Mhango, International Journal of Gynecology and Obstetrics 143 (Dec. 2018): 409–413.   PDF at Wiley onlineSubmitted text at SSRN.

[abortion law  – Ireland] “A tough job: recognizing access to abortion as a matter of equality. A commentary on the views of the UN Human Rights Committee in the cases of Mellet v. Ireland and Whelan v. Ireland,” by Katarzyna Sękowska-Kozłowska,  Reproductive Health Matters 26.54 (Nov. 2018): 25-31.  Article online.

[abortion law – United Kingdom]  “UK Abortion Law: Reform Proposals, Private Members’ Bills, Devolution and the Role of the Courts,” by Robert Brett Taylor, Adelyn L.M. Wilson, Modern Law Review, 2019  Abstract and article.

[abortion laws – sex selection, India and U.S.] Women’s human rights and migration: sex selective abortion laws in the United States and India, by Sital Kalantry, Philadelphia, University of Pennsylvania Press, 2017, 272 pp.,  Reviewed in International Feminist Journal of  Politics

[abortion policies database] “Global Abortion Policies Database: a new approach to strengthening knowledge on laws, policies, and human rights standards,” by Brooke Ronald Johnson, Jr., Antonella Francheska Lavelanet and Stephanie Schlitt, BMC International Health and Human Rights 18.35 (Sept 2018): 1-5.  Abstract and article.

[abortion rights – Argentina] “Federalism, two-level games and the politics of abortion rights implementation in subnational Argentina, by Alba Ruibal, Reproductive Health Matters 54 (Nov. 2018): 137-144.  Article online.

[Europe] “Women’s sexual and reproductive health and rights in Europe,” Issue Paper by the Council of Europe Commissioner for Human Rights (France: Council of Europe, Dec. 2017).  78-page Issue Paper.

[gender stereotypes – judiciary]  “Background paper on the role of the judiciary in addressing the harmful gender stereotypes related to sexual and reproductive health and rights: A review of case law.”  (Geneva: UN Office of the High Commissioner for Human Rights, [2018])  in English  and Spanish

“Impact of reproductive evolutionary mismatch on women’s health and the need for action and research,” by Mahmoud F. Fathalla, International Journal of Gynecology and Obstetrics 144.2 (Feb. 2019): 129-134 | Abstract and article online.

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


JOBS

Links to 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.

 

 

 

 


REPROHEALTHLAW Updates – October 2018

October 31, 2018

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

Bulgaria:  Constitutional Court declares the Istanbul Convention against violence against women  unconstitutional.  July 27, 2018.  Oxford Human Rights Hub article.

Constitutional Court of Croatia.  Decision of March 2, 2017.  Rješenje Ustavnog Suda Republike Hrvatske, broj: U-I-60/1991 i dr. od 21.veljace 2017.  Decision online in Croatian. Backup copy.  Summary in English from CRR   Croatian Court’s Press release – 11 pages in English.

CALL FOR ABSTRACTS:

Fourth International Congress on Women’s Health and Unsafe abortion (IWAC 2019), February 19-22, 2019, Asia Hotel, Bangkok Thailand  Theme:  “We Trust Women: Universal Access to Safe Abortion.”  Submit abstracts by Nov 15, 2018  Call for Abstracts

SCHOLARSHIP:

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca Cook, Joanna Erdman and Bernard Dickens (Philadelphia: Univ. Pennsylvania Press, 2014) Now in Paperback.  20% discount code: PH70.  English abstracts.   Spanish edition – abstractsTable of Cases in English or Spanish.

[Africa]  “(De)Criminalizing Adolescent Sex: A Rights-Based Assessment of Age of Consent Laws in Eastern and Southern Africa,” by Godfrey Dalitso Kangaude and Ann Skelton,  (peer-reviewed) Sage Open 2018 (Oct-Dec): 1-12.   Article online.

[Brazil – anencephaly – Supreme Court]   “The STF decision on abortion of anencephalic fetus: A Feminist Discourse Analysis” by Lucia Goncalves de Freitas, Alfa, Sao Paulo, 62.1 (2018): 11-33.   Article in English.

[Brazil – obstetric care, maternal mortality /morbidity, Alyne case]  “Implementing international human rights recommendations to improve obstetric care in Brazil,” by Alicia E Yamin, Beatriz Galli and Sandra Valongueiro.   International Journal of Gynecology and Obstetrics 143.1 (October 2018): 114-120.    Download full text PDF now, because Free Access expires in 6 months.    Abstract online in English   For Portuguese abstract, click on :Supporting Information”.  

[Brazil – zika, microcephaly]  BOOK:  Zika: from the Brazilian backlands to a Global Threat (Zed Books, 2017)  in English  and  Portuguese .

[conscience]  “Balancing Freedom of Conscience and Equitable Access,” by Wendy Chavkin, Desiree Abu-Odeh, Catherine Clune-Taylor, Sara Dubow PhD, Michael Ferber and Ilan H. Meyer, American Journal of Public Health 108.11 (Nov 2018): 1487-88.  Article online.

[conscientious objection, Ireland] “Conscientious Objection, Harm Reduction and Abortion Care,”  by Ruth Fletcher, in Mary Donnelly and Claire Murray eds., Ethical and Legal Debates in Irish Healthcare: Confronting Complexities (Manchester: Manchester University Press, 2016) pp. 24-40.  Pre-publication version.     Book information

[conscientious objection – South Africa “Let’s call ‘conscientious objection’ by its name: Obstruction of access to care and abortion in South Africa,” by Satang Nabaneh, Marion Stevens & Lucía Berro Pizzarossa,  24 October 2018, Oxford Human Rights Hub.

[Forced sterilization] “Gendered Power Relations and Informed Consent: The I.V. v. Bolivia Case,” by Martín Hevia and Andrés Constantin, Health and Human Rights JournalEarly view of full text.

[Intersex] “Management of intersex newborns: Legal and ethical developments,” by Bernard M. Dickens, International Journal of Gynecology and Obstetrics  143.2 (Nov. 2018): 255–259.  PDF at Wiley online.   Submitted text at SSRN.

[Ireland] “Reproductive Justice in Ireland: A Feminist Analysis of the Neary and Halappanavar Cases,” by Joan McCarthy,  in: Mary Donnelly and Claire Murray, eds., Ethical and Legal Debates in Irish Healthcare: Confronting Complexities (Manchester, UK: Manchester University Press, 2016).   Submitted Text online.   Book information

[Ireland and Britain] “Reproductive rebellions in Britain and the Republic of Ireland: contemporary and past abortion activism and alternative sites of care,” by Ben Kasstan and Sarah Crook, in Feminist Encounters: A Journal of Critical Studies in Culture and Politics, 2.2 (2018):  1-16.  Article online.

Annotated Bibliographies now available:  Right to Conscience
Fetal anomaly indication for abortion Rape or Incest abortion – English.  or Spanish)  Latin America:  Causal violación y/o incesto   (Toronto: International Reproductive and Sexual Health Law Program, 2018).

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


JOBS

Links to 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.