ECSR conscience decision vs Italy: taking it one step further

May 27, 2019

In IPPF-EN v Italy (2017) the European Committee of Social Rights addressed widespread conscientious objection as an obstacle to lawful abortion in Italy. Congratulations and thanks to three legal scholars, Emmanuelle Bribosia, Ivana Isailovic, and Isabelle Rorive, all from the Université libre de Bruxelles (ULB), whose reconsideration of this decision has been published in an anthology of rewritten decisions.  We are pleased to circulate the abstract and link to the working paper on which the chapter is based:

“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, U.K.: Edward Elgar, 2017) 261-285. About the book.
Working paper PDF online.

Abstract:  This paper proposes to reconsider the decision of the European Committee of Social Rights in International Planned Parenthood Federation European Network (IPPF-EN) v. Italy which addresses the regulation of the practice of the conscientious objection, using an integrated approach to human rights. More specifically, it argues that the use of different human rights instruments – broadly defined — could have led the Committee to adopt a gendered approach to the legal questions it had to tackle. By adopting this approach, we intend to challenge Committee’s reasoning on two fronts: first, we argue that its interpretation of the right to health fails to account for the specific violation of women’s right to access to health services. Second, we show how this gendered approach could have modified Committee’s approach to discrimination raised by the plaintiff.

RELATED RESOURCES

Summary of IPPF-EN v. Italy decision:  in Reprohealthlaw blog

Annotated Bibliography on the Right to Conscience:  May 2019 update, online here.

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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.
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REPROHEALTHLAW Updates – March 2019

March 15, 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:

[El Salvador] Supreme Court ordered release of another three women serving 30 years for alleged abortions.  News report, March 7, 2019.   Report from Safe Abortion.

[Germany]  In February 2019, the Bundestag revised the Criminal Code provision that prohibits the so-called “advertising” of abortions. Providers can now publicly announce, e.g. on websites, that they provide abortion care. News report, Feb 21, 2019.

[Isle of Man] In January 2019, the Abortion Reform Act 2019 allows abortion on a woman’s request in the first 14 weeks of pregnancy.  Abortion at 15-23 weeks’ gestation in cases of sexual assault, severe fatal impairment, or risk to the woman’s health.  effective May 2019.  Abortion Reform Act 2019.

Kenyan High Court upholds human and constitutional rights to maternal dignity and reproductive healthcare:   J O O (also known as J M) v Attorney General & 6 others [2018] Petition No 5 of 2014, (High Court of Kenya at Bungoma).  March 22, 2017.  Case summary by Naitore Nyamu.     Court decision.    Legal Grounds III online.

Pakistan Court Orders Implementation of Measures to Address Obstetric Fistula
CRR Press Release.

SCHOLARSHIP:

Mahmoud F. Fathalla, “Abortion and Public Health Ethics,” in: The Oxford Handbook of Public Health Ethics, ed.  Anna C. Mastroianni, Jeffrey P. Kahn, and Nancy E. Kass, Oxford Handbooks Online,  February 2019.  Article online.

[abortion law, Argentina]  “Constitutional Dialogues and Abortion Law Reform in Argentina: What’s Next?” by Paola Bergallo, featured on I-CONnect Blog, Feb. 27, 2019.  Article online.

[female circumcision]  “Circumcision, Female,” by Mahmoud F. Fathalla,  Encyclopedia of Global Bioethics, ed. Henk ten Have  (Switzerland: Springer International, 2016)  Abstract and article.   Encyclopedia of Global Bioethics.

[HIV transmission, stigma] “Expert Consensus Statement on the Science of HIV in the Context of Criminal Law” by F. Barré-Sinoussi et al.  Journal of the International AIDS Society  21 (2018): e25161  Expert Consensus Statement.      Overview in JIAS editorial.

JOBS

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

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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.

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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 — Oct 2017

October 31, 2017

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

[Brazil, religious education] STF Conclui Julgamento Sobre Ensino Religioso nas Escolas Públicas ADI No. 4439, September 27, 2017.    The Brazilian Federal Supreme Court dismissed, by a 6 to 5 majority, a Direct Action of Unconstitutionality in which the Public Prosecutor’s Office questioned the model of religious education in the country’s public school system.  In Portuguese: Initial questionConclusion of Decision
English: Comment on I-CONnect Blog.

[Europe: Italy, conscientious objectors] Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (2016), Complaint No. 91/2013 (European Committee on Social Rights, Strasbourg, France)  Decision in English. 
-which builds upon this 2014 decision:  International Planned Parenthood European Network v. Italy (2014), Complaint No. 87/2012, 10 March 2014 (European Committee on Social Rights, Strasbourg, France) Decision in EnglishBoth decisions summarized by Tania Pagotto.

[Kenya] – Court of Appeal acquitted Jackson Tali, a registered nurse sentenced to death on murder charges re pregnancy complications.   October 19, 2017.   Press release by the Center for Reproductive Rights  Overturns:  Republic v Jackson Namunya Tali [2014] eKLR, High Court Criminal Case No. 75 of 2009 (High Court of Kenya at Nairobi).  Overturned decision.  Overturned decision summarized in Legal Grounds III by Godfrey Kangaude and Annagrace Rwehumbiza.

[Spain, conscientious objectors] Zurich Insurance PLC, Sucursal en España v. Doña Encarnacion y don César y Servicio Galego de Saude, Sentencia 00392/2017, Apelación 43/17 (High Court of Galicia at Coruña, Spain)   Decision in SpanishEnglish summary by lawyer F. F. Guillen.

[West Africa: Nigerian police abuse women] Suit no ECW/CCJ/APP/17/14. October 13, 2017, Community Court of Justice, Economic Community of West African States (ECOWAS) awarded 18 million naira as compensation to an actress Dorothy Chioma Njemanze and two other women for the violation of their human rights to dignity following the physical, sexual and psychological violence inflicted on them by agents of the Nigerian State.  Press release from ECOWAS Court.    Newspaper reportComment by Benson Chakaya

EDUCATIONAL OPPORTUNITY:
Africa – Doctoral Scholarships:   LL.D/D.Phil in Sexual and Reproductive Rights in Africa:
The Centre for Human Rights, University of Pretoria, calls for applications for full-time doctoral scholarships in the field of sexual and/or reproductive rights and their intersection with culture or criminalisation in the African region.  Apply by 15 Nov 2017 Scholarship details

SCHOLARSHIP:
Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014), now also in Spanish (see next entry) and in paperback, 20% discount code PH70.  English edition from U Penn PressTable of Contents with chapter summaries. 
Abortion Decisions Online, based on the book’s Table of Cases

El aborto en el derecho transnacional: casos y controversias,  ed. Rebecca J. Cook, Joanna N. Erdman y Bernard M. Dickens (Mexico: FCE/CIDE, 2016)   En espanol, 2016: Fondo de Cultura Económica Libreria CIDE.     Índice con resúmenes de capítulos 1-11
Tabla de Casos/Jurisprudencia sobre aborto en línea con enlaces a muchas de las decisiones judiciales

[abortion] “How Laws Fail the Promise of Medical Abortion: A Global Look,” by Patty Skuster, Georgetown Journal of Gender and the Law  18.379, 2017. Abstract and Article.

[abortion] “The Politics of Global Abortion Rights,”  by Joanna N. Erdman,  Brown Journal of World Affairs 22.2 (2016): 39-57.   Article online

[abortion, Central and Eastern Europe]  “Mandatory Waiting Periods and Biased Abortion Counseling in Central and Eastern Europe,” by Leah Hoctor and Adriana Lamačková, International Journal of Gynecology and Obstetrics, 139 (Nov. 2017): 253–258.    PDF at Wiley Online Library.    Submitted text online at SSRN.

“Abortion Travel and the Limits of Choice,” by Lisa Kelly, 12 FIU L. Rev. 27 (2016).
Article online.

[Africa] “Conscientious Objection to Abortion and Accommodating Women’s Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective,” by Charles G. Ngwena, Journal of African Law, 58 (2014): 183-209  Article now online.

[Africa]  Legal Grounds III, Reproductive and Sexual Rights in Sub-Saharan African Courts (2017)   Entire book, 228-pages, online here.
Print copies available for courses, conferences or organizations.

Legal Grounds III Online now includes searchable links to entire book, individual case summaries and decisions, plus more recent cases.

[Zika, Brasil and Human Rights Obligations]: now in Spanish, Portuguese and English:
—“Infección por el virus de Zika en Brasil y obligaciones relacionadas con los derechos humanos,” por Debora Diniz, Sinara Gumieri, Beatriz Galli Bevilacqua, Rebecca J. Cook, y Bernard M. Dickens, Boletin FLASOG 5.2( June 2017): 6-12.
En espanol Boletin FLASOG, pp 6-12
Em português do Brasil, forthcoming in Revista Uni Brasilia Direito.
—“Zika Infection in Brazil and Human Rights Obligations,” by Debora Diniz, Sinara Gumieri, Beatriz Galli Bevilacqua, Rebecca J. Cook and Bernard M. Dickens, International Journal of Gynecology and Obstetrics 136.1 (Jan. 2017) 105-110.
PDF online.   Submitted text in English at SSRN.

NEWS

International news and resources for advocacy:  International Campaign for Women’s Right to Safe Abortion.

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.


Italy: Widespread conscientious objection violates right to health and right to work in dignity

October 31, 2017

Many thanks to Tania Pagotto, a Ph.D candidate in comparative public law at Ca’ Foscari University of Venice in Italy.  She can be reached at:  tania{.}pagotto at unive.it.  We thank her for commenting on two recent decisions by the European Committee on Social Rights:

International Planned Parenthood European Network v. Italy (2014), Complaint No. 87/2012, decision published 10 March 2014 (European Committee on Social Rights, Strasbourg, France) Decision online[1]. 

Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (2016), Complaint No. 91/2013 (European Committee on Social Rights, Strasbourg, France)  Decision online  [2]. 

These decisions addressed the issue of conscientious objection as an obstacle to lawful abortion in Italy, where interruption of pregnancy is regulated by Law no. 194 of 1978 [3].  The Act defines different conditions under which abortion is legal (i.e., where there is serious threat to the mother’s life, physical or mental health, or severe fetal malformation or anomaly).  The Act guarantees interruption of pregnancy as a public medical service.  However, it also provides healthcare professionals with the option to declare conscientious objection, which excuses them from involvement. In this medical field, Italian law encounters a strong conscientious objection movement, unevenly spread among different regions and hospitals.  Government statistics for 2014/15, published in 2016, show that about 70% of Italian doctors, 50% of anaesthetists, and 45% of other staff have declared conscientious objection. [4]

In International Planned Parenthood Federation – European Network (IPPF EN) v. Italy (2014),  the European Committee on Social Economic and Cultural Rights had found Italy in breach of certain provisions of the European Social Charter [5]:  the right to protection of health, both alone and in conjunction with the non-discrimination principle. The non-discrimination principle, in particular, requires the same legal treatment of individuals or groups, irrespective of their specific characteristics.  Italy could only guarantee the right to health for women who could afford to travel from hospital to hospital or from one region to another. Therefore, the Committee found a discrimination based on women’s economic and social capacities.

In a 2016 case, Confederazione Generale Italiana del Lavoro v. Italy, the same Committee confirmed the previous judgment, but went further.  It also found a violation of the right to work (paras 214-246), and the right to dignity in work (paras 282-298), because the state had failed to adequately address the burdensome workload on non-objecting doctors caused by the high percentage of objecting doctors in some areas of Italy.   Significantly, the complaint had been filed by one of Italy’s largest trade unions.  There was concrete evidence of the professional disadvantages for non-objecting medical professionals whose workload became dominated by the performance of abortions, restricting other career prospects.  This decision broke new ground in finding a violation of the right to work and the right to work in dignity of non-objecting providers.

After these two decisions against Italy, many voices are calling for an evolution of Law 194.   These two decisions suggest two legal directions.  On one hand, the territorial discrepancies regarding abortion services need to be taken into account.  The government must find adequate legal tools to distribute health services uniformly throughout the territory.  On the other hand, the supply of medical treatment concerning interruption of pregnancy by non-objecting medical personnel should not impair their right to work, nor their right to work in dignity.

Thus, the Italian government must seek a new equilibrium between patients’ fundamental rights and interests and doctors’ freedom of conscience, as well as an equilibrium among doctors, the majority of whom declare conscientious objection, and the minority of whom provide abortion services.

———————————————————-

[1] International Planned Parenthood European Network v. Italy (2014), Complaint No. 87/2012,  10 March 2014 (European Committee on Social Rights, Strasbourg, France) Decision 2014

[2] Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (2016), Complaint No. 91/2013, 11 April 2016 (European Committee on Social Rights, Strasbourg, France) Decision 2016

[3] Italian abortion law:  Gazzetta Ufficiale della Repubblica Italiana, Parte I, 2 May 1978, No. 140, pp. 3642-3646.    Law 194 in English    In Italian: Legge 194,

[4]  [Italian Ministry of Health,  Report of the Health Ministry on implementation of the Law concerning norms for the social protection of maternity and for the voluntary interruption of pregnancy]  Ministero della Salute, Relazione del Ministro della Salute sulla Attuazione della Legge Contenente norme per la tutela sociale della maternità e per l’interruzione volontaria di gravidanza  (Legge 194/78)  dati definitive 2014 e 2015 (Roma, 7 dicembre 2016), page 44ff.  Online in Italian

[5] European Social Charter is online here.

Related Resources:
Conscientious Objection: Articles and resources from the International Reproductive and Sexual Health Law Program – updated online here.

“The Right to Conscience,” by Bernard M. Dickens, in Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014), 210-238  Abstract online
About the book_
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The REPROHEALTHLAW BLOG is managed by 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 – April 2017

April 25, 2017

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.

DEVELOPMENT

[Croatia, abortion] Constitutional Court reaffirmed that women’s access to abortion is protected under their constitutional rights to liberty, personality, and privacy.  Rješenje Ustavnog Suda Republike Hrvatske, broj: U-I-60/1991 i dr. od 21.veljace 2017.
Decision online in Croatian     Amicus brief in English by CRR

CALLS FOR PAPERS:

“Women’s Human Rights” including theory and activism, for special issue of Canadian Woman Studies/Les cahiers de la femme, guest edited by: Jeannette Corbiere Lavell, Alda Facio, Angela Lytle, Angela Miles, and Patricia Nyaundi.  Submit by April 30, 2017    Detailed call for papers.   Submission guide.

Anti-Discrimination Law Review, newly launched, peer reviewed journal.  Submit papers 6,000-10,000 words. Information for authors.

Call for abstracts  “1997-2017: 20 years after the Oviedo Convention on Human Rights and Biomedicine: What are the achieved gains and its potential? international conference at European University (December 8-9, Nicosia, Cyprus)  Submit 300 word abstract by July 1, 2017.  Flyer with Call for abstracts.    Conference details.

Conference:  “Difficult Conversations: Thinking and talking About Women, Genders and Sexualities Inside and Outside the Academy”  The Seventeenth Berkshire Conference on the History of Women, Genders and Sexualities.  Hofstra University, Hempstead, N.Y., U.S.A.,  June 1-4, 2017

COURSES:

Summer “Program of Advanced Studies on Human Rights and Humanitarian Law,”
Academy of Human Rights, Washington College of Law, American University, Washington D.C.  Classes start May 30, 2017.  Apply by May 1, 2017.  Details.  Choose from 20 Courses, 9 in English and 11 in Spanish.  Course list.

Summer school on Health Law and Ethics (1 or 2 weeks) The Erasmus Observatory on Health Law / Institute of Health Policy & Management (Erasmus University Rotterdam)  Course details and registration.

RESOURCES

[abortion] “Taking Abortion Rights Seriously: Whole Woman’s Health v Hellerstedt” by Kate Greasley,  The Modern Law Review 80.2 (March 2017): 325-338.  Open access article.

[abortion law – Australia] Children by Choice website highlights Australian abortion law and practice –  Links to recent legal reform bills

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014), now also in paperback, 20% discount code PH70.  Available from U Penn Press.

[abortion law – Spanish]    El aborto en el derecho transnacional: casos y controversias,  ed. Rebecca J. Cook, Joanna N. Erdman y Bernard M. Dickens (Mexico: FCE/CIDE, 2016)   De venta: Fondo de Cultura Económica Libreria CIDE.

[abortion policy] “Towards a non-ethics-based consensual public policy on abortion,” by David Alvargonzález, (philosophy professor in Spain).  The International Journal of Health Planning and Management 32.1 (Jan-Mar 2017): e39-46. Article or Abstract.

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

NEWS

[abortion, Brazil] Petition to Supreme Court of Brazil March 7, 2017, seeks decriminalization of abortion on request up to 12 weeks of pregnancy. The petition was filed by the Socialism and Freedom Party (PSOL), with support from Anis – Institute of Bioethics.  Press release.

[abortion, Canada – coverage]  Expert panel endorses public coverage for abortion pill (mifepristone + misoprostol), under brand name “Mifegymiso”.  Newspaper reportExpert recommendations and reasoning

[abortion – Kenya]  Recent cases of women dying while procuring abortion, clinic proprietor arrested. Safe Abortion update.

[abortion, Uruguay]  Judge denies termination of 10-week pregnancy, siding with ex-boyfriend.  Woman miscarried due to stress, mistreatment and public exposure; she plans to sue judge.  News media.    Update from Safe Abortion campaign.

[conscience, Canada]  Doctors, pharmacists push back on medical abortion rules    Colleges of physicians and pharmacists suggest off-label workaround for Health Canada’s restrictions on dispensing the abortion drug Mifegymiso   CMAJ News

[conscience, Canada]  Christian Medical and Dental Society v. College of Physicians and Surgeons of Ontario (CPSO). objecting to rules requiring Ontario doctors to refer patients seeking abortions, etc.  Hearings scheduled June 13-15, 2017   Newspaper report.

[conscience, Ghana] Provider obstruction: a major threat to critical maternal health services in Northern Ghana, Global Doctors for Choice-Ghana study results.

[conscience, Italy]:  UN Human Rights Committee Concluding Observations CCPR/C/ITA/CO/6 criticizes Italy for lack of non-objecting doctors.  HRC report in English.
Parliamentary study found that 70% object.  Hospital in Rome advertises for non-objecting doctors. CRUX Catholic newsletter

[conscience, Sweden]: Swedish court upholds ruling against midwife (Grimmark) claiming conscientious objection.  Midwife is funded by wealthy US prochoice alliance  Article by Safe Abortion Women’s Right

JOBS

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.


REPROHEALTHLAW Updates

April 21, 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.

CONFERENCE

“Improving   women’s    journeys    through    abortion,”  12th FIAPAC Conference,   October 14-15, 2016, Lisbon, Portugal.  Pre-conference workshops on values and advocacy on October 13, 2016, on (1) Decriminalization and (2) Surgical abortion in the second trimester.  Francophone session on 16 October.  Flyer online.   Programme.

EDUCATIONAL OPPORTUNITIES

“Global School Health Rights Litigation” intensive course June 13-17, 2016  O’Neill Institute and Harvard FXB  at Georgetown University Law Center in Washington, DC for specialist-level knowledge re litigating health-related rights at the national, regional, and international levels.  Apply by May 1, 2016.  Course details.

LL.M. en Derechos Humanos y Derecho Humanitario (en Espanol), American University Washington College of Law,  Washington DC, USA,  Cursos Virtuales, y Cursos Presenciales.   Informacion.

RESOURCES

Abortion Law in Transnational Perspective, Spanish edition, forthcoming summer 2016 from CIDE/FCE, Mexico City.  Spanish flyer online.

[abortion] The Moral Case for Abortion, by Ann Furedi, Palgrave Macmillan, 2016. Publisher’s webpage.

[abortion] “Zika Virus and Global Implications for Reproductive Health Reforms,” by James G. Hodge, Alicia Corbett, Ashley Repka and P.J.  Judd. (March 9, 2016). forthcoming in Disaster Medicine and Public Health Preparedness  Abstract and 3-page article

[abortion, Brazil]  Reproductive Rights and the Zika epidemic in Brazil, Supreme Court challenge, by Prof. Debora Diniz Portuguese with English subtitles. 30-minute film. Prof.  Prof. Diniz comments in English:  4-minute video

[abortion, Canada – PEI province] In face of lawsuit based on Charter of Rights and Freedoms, PEI drops opposition to abortion, plans to provide access by end of 2016. ARN press release.

[abortion, conscientious objection, Italy and Sweden] “Abortion Inside Swedish Democracy: Paradoxical Secularizations and Unbalanced Pluralisms,” by Melisa L Vazquez, Calumet – Intercultural Law and Humanities Review, 2016, Issue 2: 1-56. Abstract and article.

[abortion, Northern Ireland]  Guidance for Health and Social Care professionals on termination of pregnancy in Northern Ireland. Guidance online.

[abortion, pre-natal testing] “Non-Invasive Testing, Non-Invasive Counseling,” by Rachel Rebouché, Journal of Law, Medicine and Ethics 43.2 (2015): 228-240. Abstract and article.

[abortion, sex selection] “Testing Sex,” University of Richmond Law Review 49.1 ( 2015) 519-577. Abstract and article.

[assisted reproduction]  “Securing the Future of Genetic Enhancement: A Review Essay of ‘Humanity Enhanced’, by Russell Blackford.  Reviewed by Bernard M. Dickens,  Population and Development Review 41(1)(March 2015): 151-68.  Abstract and Review.

“Ethical Issues of Uterus Transplantation,” by Bernard M. Dickens,  International Journal of Gynecology and Obstetrics 133.1(2016): 125-128.  Abstract and Article.

[Ireland]  “Maternal brain death and legal protection of the foetus in Ireland” [case review] by Andrea Mulligan 15.2 2015 Medical Law International  182-195.  Abstract and Article.

[Ireland, maternal brain death] “Horrific court case involving a young pregnant brain-dead woman,” by Kate Butler, Lawyers for Choice. Article online.

[Latin America] IV Legal Conference on Reproductive Rights, held Nov. 2-4, 2015. Video archive  “Relatoria” online.

[Nigeria]   Maternal Health and Millennium Development Goal (MDG) 5 in Nigeria: Any Catalytic Role For Human Rights? (2015). by Obiajulu Nnamuchi, Obiajulu, Miriam Anozie, and Festus Okechukwu Ukwueze, Medicine and Law, Vol. 34, 2015.  [discusses abortion laws and unsafe abortion]  Abstract and article.

[UK, Ireland and Northern Ireland] “How can a state control swallowing?” Medical Abortion and the Law, by Sally Sheldon, March 2016.  Research summary

[United Nations] Report of the Special Rapporteur  on torture and other cruel, inhuman or degrading treatment or punishment A/HRC/31/57 discusses abortion access in paras 42ff.   online in 6 languages.

NEWS

[abortion, Ireland]  Asylum seeker, refused abortion, sues the State.  News article.

[abortion, Mexico – Guanajuato] “Abortion and Human Rights in Mexico…Feminist Approaches within and Around the Law,” by Elyse  Ona Singer, Society for Medical Anthropology, Anthropology News  Article online.

[Nigeria] Case  of Illegal detention and death of woman at hospital heads to High Court of Nigeria.   CRR Press Release.

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

FELLOWSHIPS AND JOBS

The Comparative Program on Health and Society at the University of Toronto, Canada, invites applications for 2016-2017.  Complete applications due May 30, 2016.    Doctoral fellowship details: Health and human rights.     Social determinants of healthResearch Associate.

Program Manager, Women’s Health and Equality, Wyss Foundation, Washington DC,  Apply by May 31, 2016.  Job details.

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

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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.
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