Chile: Constitutional Tribunal upholds constitutionality of new abortion law

September 21, 2017

Many thanks to Carlos Herrera Vacaflor, LL.M., for providing the following overview of this historic decision in Chile.

Tribunal Constitucional Chile, STC Rol N° 3729(3751)-17 CPT,  Requerimientos de inconstitucionalidad presentados por un grupo de Senadores y Diputados, respecto de normas del proyecto de ley que regula la despenalización de la interrupción voluntaria del embarazo en tres causales, correspondiente al boletín N° 9895-11.  Decision in Spanish: 295 pagesAccompanying documentsOther Submissions
New: English Decision: 149 pages includes a Table of Contents for both English and Spanish editions.

On August 21, 2017, the Constitutional Tribunal of Chile, in a 6 to 4 ruling, upheld the constitutionality of a Bill (now enacted into law) that decriminalizes abortion in three cases: rape, fatal fetal impairment and when a woman’s life is in danger.

The Tribunal based its ruling on the following guiding principles, among others. On the basis of international human rights treaties ratified by Chile and national legal developments on maternity, the Tribunal recognized that pregnancy affects the physical and psychological integrity of a woman, since a fetus occupying a woman’s body causes physical and physiological transformations.  Furthermore, the Tribunal stated that criminal law on abortion imposes severe restrictions on rights, and leads to social and legal condemnation of individuals. The Tribunal, given such punitive power, recognized that criminal law should only be considered as an instrument of last resort, in order to limit the restrictive effect the law has on rights.

The Tribunal interpreted “threat to the life of the woman” as a risk to her life (riesgo vital). Only the physician who provides the abortion is needed to diagnose the risk to the woman’s life; no further examinations are required, lest the provision of care be delayed. Abortion is also decriminalized when the fetus carries a fatal congenital or genetic impairment impeding its survival outside the womb. The Tribunal maintained that since the Bill requires that two specialist physicians diagnose the disease of the fetus, these professionals must avoid decisional paralysis that could put a woman in greater danger. In cases of rape, the Tribunal considered constitutional the limits on access to abortion: for girls under the age of 14, abortion must be performed before 14 weeks of gestation; if the victim is older than 14, before 12 weeks of gestation.

The Tribunal also recognized, by an 8 to 2 vote, the constitutionality of institutional conscientious objection. The Tribunal found institutional conscientious objection also constitutional. Given the lack of uniformity on whether artificial legal “persons” (such as hospitals or clinics) have a right to conscience and religion in the Inter-American System of Human Rights, the Tribunal decided to elaborate its own position. The Tribunal considered it arbitrary to limit the scope of conscientious objection only to professionals intervening in abortion care. It argued that freedom of conscience and religion is protected for all persons in the Constitution and that, under comparative case law, educational institutions and private associations have been recognized as conscientious objectors in the context of education.

Full texts of Decision and Submissions:  Decision in Spanish -295 pagesAccompanying documentsOther Submissions     New: English Decision: 149 pages includes a Table of Contents for both English and Spanish editions. 

Chilean law professors who addressed the Court included:
Prof. Veronica Undurraga  presentation  in Spanish.
Prof. Lidia Casas Becerra  
presentation in Spanish, at minute 42.

Amicus curiae brief re: International consensus on abortion law with respect to decriminalization, by Joanna Erdman and Rebecca Cook:
Spanish and English briefs in one PDF.

Amicus curiae brief re conscience and conscientious objection by Prof. Bernard M. Dickens:  English PDF    Spanish PDF.

“Chile Celebrates its First Steps Towards Fulfilling Abortion Rights,” by Lidia Casas and Lieta Vivaldi, on Health and Human Rights Journal website.   Blogpost in English

Symposium — 5 scholars comment on Constitutional Court abortion ruling:   Symposium   The Introduction to the symposium is Introduction,   Part I,   Part IIPart III, Part IV, and   Part V.

Press Release from Center for Reproductive Rights.  Online in English.

Newspaper report in English.

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“‘Protection of Life during Pregnancy Act 2013’: Suicide, Dignity and the Irish Discourse on Abortion” by Claire Murray

August 31, 2017

Congratulations and thanks to Dr. Claire Murray of the School of Law, University College Cork in Ireland, for her useful article, published in a special issue of Social & Legal Studies,  guest-edited by Siobhan Mullally, on “Regulating Abortion: Dissensus and the Politics of Rights.”  We are pleased to circulate this abstract and links to the full text:

Claire Murray, “The Protection of Life During Pregnancy Act 2013: Suicide, Dignity and the Irish Discourse on Abortion”, Social and Legal Studies 25.6 (Dec 2016): 667-698   PDF onlineAccepted version.

Abortion is an issue that exposes deep divisions in Irish society and this was apparent during the debates on the Protection of Life During Pregnancy Act 2013.  This introduced a framework regulating abortion into Irish law for the first time, but maintained the existing position where abortion is only available where the life of the woman is at risk. This article focuses on the centrality of suicide within the Irish discourse on abortion and the impact this had on the shape of the legislation ultimately introduced, in particular the inclusion of a more onerous process with which a woman must engage before she can obtain an abortion where the risk to her life is from suicide.  It highlights the practical consequences of this for the small number of very vulnerable women in Ireland who will be required to engage with the new statutory process which is deeply damaging.  The 2013 Act reinforces the two-tier approach to healthcare that exists in Ireland in the specific context of reproductive healthcare, as those with sufficient resources will be able to bypass the difficult and undignified statutory procedure and those who lack the socioeconomic capital will be compelled to remain.
PDF onlineAccepted version.

Keywords:  Abortion, dignity, Ireland, regulation, risk to life, suicide.

See also:
Attorney General v. X, [1992] I.E.S.C. 1, (Supreme Court of Ireland) had decided that an attempt to prevent a 14-year old girl who was pregnant as a result of being raped, from traveling from Ireland to England in order to access abortion care was not justified.  She was at real risk of committing suicide. Decision online.

Re-imagined judgment of Attorney General v. X  by Ruth Fletcher, with Commentary by Sheelagh McGuiness, in: Northern/Irish Feminist Judgments: Judges’ Troubles and the Gendered Politics of Identity, edited by Máiréad Enright, Julie McCandless and Aoife O’Donoghue (Oxford: Hart, 2017)  This book re-imagines, re-writes and comments on 26 court decisions from feminist perspectives.  Table of Contents and details
Reprohealthlaw blog comments, and links to full text

A referendum on Irish abortion law has been promised before June 2018. Irish Times.

 

 

 

 

 


REPROHEALTHLAW Updates, June 2016

June 14, 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

“Ireland’s abortion laws subjected a woman to cruel, inhuman and degrading treatment, according to a  landmark decision from the United Nations Human Rights Committee.”
Center for Reproductive Rights, CRR press release.   UN Press Release, June 9, 2016Newsmedia reportsDecision CCPR/C/116/D/2324/2013 online.

EDUCATIONAL OPPORTUNITY IN AFRICA – SCHOLARSHIPS

Master’s degree (LLM/MPhil) in Sexual and Reproductive Rights in Africa,  University of Pretoria, South Africa, Two-year program starts in Jan. 2017.   Blended learning course with online interaction and residential block-weeks in Pretoria, South Africa. Two contact sessions will be scheduled every year (four contact sessions over the two year period).   Apply by 31 Oct 2016. Up to 15 full scholarships available for African citizens.  African LLM/MPhil details.

RESOURCES

[abortion, U.K. and U.S.] “With advances in embryo research, it’s time to bring abortion law out of the Victorian age,” by Sally Sheldon. Kent Law School, Kent University, Canterbury, BioNews 853 (May 31, 2016)  Article online.

[conscientious objection – institutions] Contracting Religion, by Elizabeth Sepper,  in:  Law, Religion, and Health in the United States, ed. Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper (Forthcoming: Cambridge Univ. Press, 2017). (Draft chapter online).

[fetal abnormality, microcephaly, Brazil]  Special issue of Cadernos de Saúde Pública 32.5 (2016) Rio de Janeiro includes a special thematic section:
“Zika and Pregnancy”  Table of Contents with links to translations.
— “Zika virus and women,” by Debora Diniz (English and Portuguese)
— “The debate on abortion and Zika: lessons from the AIDS epidemic,” by Thais Medina Coeli Rochel de Camargo, (English and Portuguese)
— “Women’s reproductive rights and the Zika virus epidemic,” by Jacqueline Pitanguy (English and Portuguese)
— “Comment on the paper by Pitanguy,” by Florencia Luna (English and Spanish)
— “Ensuring a rights-based health sector response to women affected by Zika” by Paige Baum, Anna Fiastro, Shane Kunselman, Camila Vega, Christine Ricardo, Beatriz Galli, and Marcos Nascimeno (English and Portuguese).
— “Comment on the article by Baum et al.,” by Ana Cristina González-Velez
(English and Spanish)
— “Zika and reproductive justice,” by Alexandra Minna Stern (English)

[fetal abnormality, microcephaly] “Sexual and Reproductive Health and Rights in the Time of Zika in Latin America and the Caribbean,” by Ana Langer, Jacquelyn M. Caglia andClara Menéndez, Studies in Family Planning 47.2 (June 2016): 179-181.  Online version.

Law and Policy updates are issued monthly by International Campaign for Women’s Right to Safe Abortion.  To receive the electronic newsletter, click “Join the Campaign

[maternal deaths, Uganda]: “Why the Constitutional Court should rule on the right to health,” by Michael Addaney in AfricLaw blog,  June 3, 2016  AfricLaw blogpost,

[stereotyping] “Emerging from the Shadows: Substantive Equality and Article 14 of
the European Convention on Human Rights,” by Sandra Fredman, Human Rights Law Review 16 (2016): 273–301   Advance access.

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

NEWS

[El Salvador]  Sentenced to 40 Years After a Miscarriage, Maria Teresa Rivera was freed May 20,2016 News report in English.   News report in Spanish

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.

 


Preventable maternal deaths: Ugandan court decisions

May 12, 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.  Previous 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 of the cases involve preventable maternal deaths. Traditionally, families and communities suffer these losses silently, unless a legal advocacy organization brings the case forward.  In Uganda, for instance, the Center for Health, Human Rights and Development (CEHURD) and others brought two maternal death cases to the Constitutional Court of Uganda as human rights violations, but the petition was dismissed without consideration in 2012 as a “political” matter.[1]  In November 2015, however, Uganda’s Supreme Court ordered Constitutional Court to hear the petition on maternal health rights violations.[2]  We still await the Constitutional Court’s  ruling on the merits of CEHURD’s petition.

Just six months earlier, a Ugandan High Court  found human rights violations and awarded damages to the family of a woman who died in obstructed labour at Nakaseke District Hospital; the only doctor who could handle this complication was on duty but could not be found.[3]  As Godfrey Kangaude  comments, “the judgment is an important signal that preventable death of women during pregnancy, labour, and childbirth is a human rights issue.”

Moreover, as Kangaude explains, “Uganda is a party to the International Covenant on the Elimination of All Forms of Discrimination against Women (CEDAW). One of the important decisions on the subject matter under CEDAW is Alyne da Silva Pimentel Teixeira v Brazil (Communication No. 17/2008 CEDAW/C/49/D/17/2008). The Committee on CEDAW (CEDAW Committee) considered the case of a woman who had died of complications of pregnancy as a result of delays in being provided with appropriate care by the health system.[4] The CEDAW Committee found violation of state obligations under Article 12 on the equal right to health, and under Article 2(c) in relation to access to justice, amongst others. It made several recommendations to address the systemic factors, which would apply to the Uganda context . . .” [5]

The CEDAW Committee recommended that the state:

“(a) Ensure women’s right to safe motherhood and affordable access for all women to adequate emergency obstetric care, in accordance with General Recommendation No. 24 (1999) on women and health;

(b) Provide adequate professional training for health workers, especially on women’s reproductive health rights, including quality medical treatment during pregnancy and delivery, as well as timely emergency obstetric care;

(c) Ensure access to effective remedies in cases where women’s reproductive health rights have been violated and provide training for the judiciary and for law enforcement personnel;

(d) Ensure that private health-care facilities comply with relevant national and international standards on reproductive health care; [and]

(e) Ensure that adequate sanctions are imposed on health professionals who violate women’s reproductive health rights.”[6]
_____________________

REFERENCES:

[1] Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2012], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Decision online. Preventable maternal deaths were dismissed as a “political” matter.  Case Summary and Analysis by Nthabiseng Lelisa and Godfrey Kangaude, with special thanks to Nthabiseng Lelisa, an LL.M. candidate in Sexual and Reproductive Rights in the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa.

[2]  Center for Health, Human Rights and Development & 3 Others  v Attorney General.  [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala) [Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.]  Decision online.  Case summary and analysis by Godfrey Kangaude. 

[3] Center for Health, Human Rights and Development & 4 Others  v Nakaseke District Local Administration [2015], Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala). [Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour.] Decision online. Case summary and Analysis by Godfrey Kangaude 

[4] See also: Rebecca J. Cook “Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision”  41.1 (Spring 2013) Journal of Law, Medicine and Ethics 103-123,  Original publication in EnglishRepublished in SpanishTranslation to PortugueseRepublication in Portuguese journal.

[5] CEHURD v Nakaseke (note 3 above), Case summary and Analysis by Godfrey Kangaude , page 3.

[6] Committee on the Elimination of Discrimination against Women,  Alyne da Silva Pimentel Teixeira (deceased) v Brazil, Communication No.17/2008, CEDAW/C/49/D/17/2008), Recommendations, 8.2.  CEDAW decision Sept 27, 2011


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

May 12, 2016

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DEVELOPMENTS

GENDER JUSTICE UNCOVERED AWARDS – Vote on the Best and Worst judgments of 2015, gathered by Women’s Link Worldwide.  Decisions are attached!  Vote by May 30, 2016.  To review this year’s nominees, click on “Cases”.

PERU: re the historic case of  K.L. v. Peru: As a teenager in 2001, K.L.was denied abortion of an anencephalic fetus who died soon after birth. The UN CEDAW Committee stated that her human rights had been violated.   In 2016, she has received financial compensation.   News report.

RWANDA – access to legal abortion for raped 13-year-old denied by first court, then allowed on appeal.    Judgment of October 30 2015, official English translation, redacted to preserve privacy. Rwandan juvenile abortion decision.

UGANDA – Preventable Maternal Deaths – 3 decisions Overview on Reprohealthlaw Blog.

Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2012], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Preventable maternal deaths were dismissed as a “political” matter.  Decision online.  Case Summary and Analysis by Nthabiseng Lelisa and Godfrey Kangaude.

Center for Health, Human Rights and Development & 3 Others  v Attorney General.  [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala) [Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.]  Decision online.  Case summary and analysis by Godfrey Kangaude. 

Center for Health, Human Rights and Development & 4 Others  v Nakaseke District Local Administration [2015], Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala). [Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour.] Decision online. Case summary and Analysis by Godfrey Kangaude 

EDUCATIONAL FUNDING

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

O’Neill Institute for National and Global Health Law, Georgetown University Law Center in Washington, DC.   – Associate position for law graduates, to work on domestic and global health law and policy projects. Apply by May 31, 2016  Associate position for law graduates

RESOURCES

[abortion – anti-choice strategy, United Kingdom]”A guerrilla strategy for a pro-life England,” by Sheelagh Mcguinness, 7.2 Law, Innovation and Technology 283-314. [how anti-abortion “guerrilla” strategies undermine reproductive rights]  Abstract and article.

[abortion and police]  Practical Guide for Partnering with Police on Abortion. The guide is for trainers and advocates, by Ipas, 2016.  Ipas Guide.

[abortion, zika virus – Brazil]  “Threats of retrocession in sexual and reproductive health policies in Brazil during the Zika epidemic,” [Ameaças de retrocesso nas políticas de saúde
sexual e reprodutiva no Brasil em tempos de epidemia de Zika] by Beatriz Galli and Suely Deslandes,   32.4 (2016) Cad. Saúde Pública (Rio de Janeiro)  Epub 19-Abr-2016  Portuguese original.  English translation.

[abortion, zika] “Using a Human Rights Accountability Framework to Respond to Zika,” by Beatriz Galli.  Health and Human Rights Journal blog, May 2, 2016.  Blog online.

[Conscientious objection by hospitals – new report] “Health Care Denied: Patients and Physicians Speak Out about Catholic Hospitals and the Threat to Women’s Health and Lives,” American Civil Liberties Union (ACLU and Merger Watch, 2016)  40-page report.   Faith-based restrictions at 550 US hospitals go far beyond abortion: news article.

[Conscientious objection by hospitals prohibited] “Healthcare responsibilities and Conscientious Objection”  by R. J. Cook, M. Arango Olaya and B.M. Dickens,  International Journal of Gynecology and Obstetrics 104 (2009): 249-252.  English abstract and article. Spanish translation.

[Conscientious objection] “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. Book in EnglishSpanish translation.

Conscientious Objection: articles and projects related to the Reproductive and Sexual Health Law Programme of the University of Toronto  Updated List.

[forced treatment during pregnancy, e.g. caesarean births] New book: Autonomy and pregnancy: A comparative analysis of compelled obstetric intervention (2016), Samantha Halliday. Table of contents and excerpts at Googlebooks

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

JOBS

Program Manager, Women’s Health and Equality in Latin America, 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

______________
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.


Kenya High Court upholds criminalisation of adolescent consensual sex, ignores gender bias in the law

June 30, 2015

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, and Mobby Rusere, an LL.M. candidate in Sexual and Reproductive Rights in the Centre for Human Rights,  Faculty of Law, University of Pretoria, for collaborating on this case summary and analysis for Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, forthcoming in 2016.

CKW v. Attorney General & Director of Public Prosecution, Petition No. 6 of 2013 (High Court of Kenya)  Decision online.  Summary and analysis online.    Facts:  The petitioner, who was 16 years old at the material time, was facing a charge before the magistrate’s court for the offence of  defilement, for having had penetrative penile-vaginal sex with a girl of 16, which was contrary to Sections 8(1) and 8(4) of the Sexual Offences Act, 2006 (Sexual Offences Act). This was an application before the High Court of Kenya lodged on behalf of a minor petitioning the court to declare Sections 8 (1) and 11 (1) of the Sexual Offences Act invalid to the extent that they criminalise sexual relationships between consenting adolescents.

Legal Grounds I and II, online here, contain summaries and analyses of 107 decisions from African Commonwealth Courts.  Both were published by the Center for Reproductive Rights in 2005 and 2010.
Newer case summaries drafted for “Legal Grounds III” are online here.   These also include a 2012 decision holding Kenyan police accountable for failure to investigate child sexual assaults and a 2011 Ugandan decision on maternal mortality and the constitutional right to health.


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.
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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.

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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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