REPROHEALTHLAW Updates – April 2019

April 22, 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] High Court upholds safe access zones near abortion clinics. High Court of Australia,  Kathleen Clubb v Alyce Edwards & Anor;  John Graham Preston v. Elizabeth Avery & Anor,  [2019] HCA 11,  Judgment of April 10, 2019. Decision online.    High Court Press ReleaseSummary and comment by Adrianne Walters, Senior Lawyer.

[Canada] Ministry of Health ruling: Doctors can now prescribe abortion pills without preliminary ultrasound.  Health Canada press release, April 16, 2019Safe Abortion Campaign report.

[Rwanda]  Ministry of Health ruling: Abortion approval requirement is reduced to one medical doctor. Ministerial Order N°002/MoH/2019 issued April 8, 2019.  Rwandan newspaper.  In addition, 367 women imprisoned for having or assisting abortion / infanticide were also released by presidential pardon, April 5, 2019.  Safe Abortion Campaign report.   Guardian news report.

[South Korea] Constitutional Court ordered government to decriminalize abortion within 20 weeks of gestation by Dec 31, 2020.  An indicted doctor had petitioned against the law.  New York Times report, April 11, 2019. Amicus curiae submission by UN Working Group.

SCHOLARSHIP:

“Abortion, the Disabilities of Pregnancy, and the Dignity of Risk,” by Mary Anne Case, U of Chicago, Public Law Working Paper No. 705 (2019)  Working paper.

[abortion] “Abortion, law reform and the context of decision-making,” by Heather Douglas and Katherine Kerr [Australia],  Griffith Law Review 25.1 (2016) 129-145
Review Essay, discusses 3 books.:
—-Abortion Law in Transnational Perspective (Cook Erdman & Dickens)
;
—-Law, Policy and Reproductive Autonomy (Erin Nelson) ;
—-Reproductive Freedom, Torture, and International Human Rights (Ronli Sifris)

[Australia, Northern Territory] “A Reproductive Rights Framework Supporting Law Reform on Termination of Pregnancy in the Northern Territory of Australia
by Suzanne Belton, Felicity Gerry, and Virginia Stulz, Griffith Journal of Law and Human Dignity 6.2 (2018): 25-53. Abstract and Article.

[abortion, Northern Ireland]  “Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court,” by Bríd Ní Ghráinne  and Aisling McMahon, International & Comparative Law Quarterly 68.2(Apr 2019): 477-494.  Abstract and Articlealso on SSRN.

[abortion, Uruguay] “Legal barriers to access abortion services through a human rights lens: the Uruguayan experience,” by Lucía Berro Pizzarossa, Reproductive Health Matters 26:52(2018): 151-158.  Abstract and article.

[abortion, stereotyping, Uruguay]   ‘“Women are Not in the Best Position to Make These Decisions by Themselves”: Gender Stereotypes in the Uruguayan Abortion Law’ by Lucía Berro Pizzarossa University of Oxford Human Rights Hub Journal 1 (2019): 25-54.  Abstract and article.

[conscience]  ‘Right of freedom of conscience is not absolute’, by Joan McCarthy, Nursing in General Practice, 12.1(2018): 27-28.  Abstract and article.

“Female genital mutilation/cutting in Africa: A complex legal and ethical landscape,”  by Satang Nabaneh and Adamson S. Muula, InternationalJournal of Gynecology and Obstetrics, 2019; 145: 253–257,  PDF at Wiley Online.   Submitted text at SSRN.

[human rights and criminal law] 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.  It includes:
——   Abortion as treason: Sexuality and Nationalism in France, by Mindy Jane Roseman, 158-170.
——   Harm Production: An Argument for Decriminalization, by Joanna N. Erdman, 248-268.    Book abstract and information.    Intro and excerpts from pp. 3-55 online.

[medical abortion access] “Realising the right to sexual and reproductive health: Access to essential medicines for medical abortion as a core obligation.” by Katrina Perehudoff, Lucía Berro Pizzarossa and Jelle Stekelenburg, BMC International Health and Human Rights, 18.1 (2018) [8 pages]. Article online.

[reproductive rights] “Here to Stay: The Evolution of Sexual and Reproductive Health and Rights in International Human Rights Law,” by Lucía Berro Pizzarossa,  Laws 7.3 (2018): 1-17. Open Access Article.

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 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.

 

 

 

 


Abortion by telemedicine in the European Union

March 15, 2019

Congratulations and thanks to Professors Tamara K. Hervey and Sally Sheldon, whose concise article in the International Journal of Gynecology and Obstetrics suggests that, where offered by accredited doctors within the EU, telemedical early medical abortion services are potentially protected by EU free movement laws.      Tamara K. Hervey teaches European Union Law at the University of Sheffield’s School of Law, and Sally Sheldon teaches at Kent University.  We are pleased to circulate the abstract.

Tamara K. Hervey and Sally Sheldon, “Abortion by telemedicine in the European Union,” by International Journal of Gynecology and Obstetrics 145 (2019): 125–128.   PDF at Wiley Online.   Submitted text online.

This paper analyses an important set of legal issues raised by the telemedical provision of abortion pills. Focusing on the case of European Union (EU) law, it suggests that a properly accredited doctor seeking to treat a patient with abortion pills is entitled, in principle, to rely on EU rules of free movement to protect their access to patients in other member states, and women facing unwanted pregnancies likewise have legal rights to access the services thus offered. EU countries seeking to claim an exception to those rules on the basis of public health or the protection of a fundamental public policy interest (here, the protection of fetal life) will face significant barriers.

Keywords: Abortion pills;  Early medical abortion; European Union; EU law; Free movement of services; Mifepristone; Misoprostol; Telemedicine; Trade Law.

Full text of this IJGO article, with access to PDF, is online here.
Submitted text is online here.

RELATED RESOURCES.

90 concise IJGO articles on “Ethical and Legal Issues in Reproductive Healthare online here.  They include:  “Legal and Ethical Issues in Telemedicine and Robotics” by B.M. Dickens and R. J. Cook, International Journal of Gynecology and Obstetrics 94 (2006):73-78.
___________________

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.

Understandings of self-managed abortion as health inequity, harm reduction and social change

January 14, 2019

Congratulations to Joanna N. Erdman, Kinga Jelinska and Susan Yanow, whose commentary was published in November issue of Reproductive Health Matters entitled “SRHR for all? Exploring inequities within countries.”  Professor Erdman is  Associate Director of the Health Law Institute at the University of Dalhousie; Kinga Jelinska, a cultural anthropologist, works with Women Help Women; and Susan Yanow, founding executive director of the Abortion Access Project, consults with non-governmental organizations.  We are pleased to circulate the abstract:

Joanna N. Erdman, Kinga Jelinska & Susan Yanow (2018): Understandings of
self-managed abortion as health inequity, harm reduction and social change, Reproductive Health Matters 26.54 (Nov. 2018): 13-19.   Article online.

“This commentary explores how self-managed abortion (SMA) has transformed understandings of and discourses on safe abortion and associated health inequities through an intersection of harm reduction, human rights and collective activism. The article examines three primary understandings of the relationship between SMA and safe abortion: first SMA as health inequity, second SMA as harm reduction, and third SMA as social change, including health system innovation and reform. A more dynamic understanding of the relationship between SMA, safe abortion and health inequities can both improve the design of interventions in the field, and more radically reset reform goals for health systems and other state institutions towards the full realisation of sexual and reproductive health and human rights.”

The full text of this 6-page article is online here.

Related Resources:

Reproductive Health Matters 26.54  “SRHR for all? Exploring inequities within countries.”  (Nov. 2018)  Table of Contents online.

“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.

“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.

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 – Sept 2018

September 30, 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

[UN – CEDAW and CRPD] “Guaranteeing sexual and reproductive health and rights for all women, in particular women with disabilities,”   Joint statement by the Committee on the Rights of Persons with Disabilities (CRPD) and the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), 29 August 2018.  Decriminalize abortion, repeal discriminatory health policies and abortion laws that perpetuate deep-rooted stereotypes and stigma and undermine women’s reproductive autonomy and choice.    PDF online.

CALL FOR PAPERS:

“The Impact of Politics on Sexual and Reproductive Health and Rights,” for publication in Reproductive Health Matters, May 2019.  Submissions due October 31, 2018.  RHM Call for papers

SCHOLARSHIP:

[abortion law – Brazil]    “Brazilian Supreme Court Public Hearing on the Decriminalization of Abortion:   Antecedents, Contents, Meanings” by Sonia Corrêa  (published by Sexuality Policy Watch, 2018)  27 pages PDF     Direct download.

[abortion law – Brazil]  Testimony by Prof. Rebecca Cook . . .against Unsafe Abortion in the Public Hearing of the Brazilian Supreme Court, caso ADPF 442, Brasilia, August 3, 2018.   English original.    em Portugues do Brasil.   Testimonio – Espanol traducido por CLACAI (Consorcio Latinoamericano contra el aborto inseguro).    Uno otro en Espanol.  

[abortion law – El Salvador] “Physicians’ Challenges under El Salvador’s Criminal Abortion Prohibition,” by Alyson Zureick, Amber Khan, Angeline Chen and Astrid Reyes. forthcoming International Journal of Gynecology and Obstetrics, October2018  Early view PDF.   Submitted text online at SSRN.

[abortion law – Malawi] “The Duty to make abortion law transparent:  A Malawi case study,”  by Godfrey Dalitso Kangaude and Chisale Mhango, forthcoming International Journal of Gynecology and Obstetrics,     Early view PDF.

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca Cook, Joanna Erdman and Bernard Dickens (Philadelphia: Univ. Pennsylvania Press, 2014) 20% discount code is PH70.  Abstracts of all 16 chapters.   Spanish edition by FCE/CIDE – 16 abstractsAbortion Decisions: Table of Cases in English and Spanish.

[abortion policy] “The Philippines rolls back advancements in the postabortion care policy,” by Melissa Upreti and Jihan Jacob,  International Journal of Gynecology and Obstetrics 142 (August 2018): 255–256.   PDF onlineSubmitted text  at SSRN.

[abortion policies] “Access to knowledge and the Global Abortion  Policies Database,”  by Joanna N. Erdman and Brooke Ronald Johnson Jr.  International Journal of Gynecology and Obstetrics, July 2018; 142: 120–124   PDF at Wiley online.   Submitted text at SSRN.

[Africanness, including sexuality],  What is Africanness?: Contesting nativism in culture, race and sexualities, peer-reviewed book by Charles G. Ngwena (Pretoria University Law Press, 2018) 306 pages.  “Part 3: Heterogeneous Sexualities” – chapter abstracts.    Entire book open access at PULP.     Table of Contents.   Overview, Comments from scholars,  PDFs of all chapters.

[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    Abstract online in English and Portuguese. English PDF for institutional subscribers.

[CEDAW]”The Committee on the Elimination of Discrimination against Women” by Rebecca J. Cook and Cusack, Simone Cusack.  In Tara Van Ho and Nigel Rodley, eds, Research Handbook on Human Rights Institutions and Enforcement (Edward Elgar Publishing Ltd, Forthcoming).  Submitted text archived online.

[conscience]  Unconscionable: When Providers Deny Abortion Care  Report of the International Women’s Health Coalition, 2018, based on the first global meeting on the topic of “conscientious objection,” held in Montevideo, Uruguay in August 2017.    8-page report.

[intersex, gender] “Management of intersex newborns: Legal and ethical developments,by Bernard M. Dickens, forthcoming International Journal of Gynecology and Obstetrics, 2018.   Early View PDF.

[self-managed abortion] “Understandings of self-managed abortion as health inequity, harm reduction and social change,” by Joanna N. Erdman, Kinga Jelinska and Susan Yanow. Forthcoming in Reproductive Health Matters. Early view PDF.

[strategic litigation] Seeking Social Change in the Courts: Tools for Strategic Advocacy, by Mónica Roa with Barbara Klugman (Women’s Link Worldwide, 2018) practical tool for advocates from all social justice fields who are interested in using the courts and understanding “strategic litigation”  160 pages, PDF online..

ANNOTATED BIBLIOGRAPHIES:

“The Right to Conscience” – An Annotated Bibliography.   (Toronto: International Reproductive and Sexual Health Law Program,
Faculty of Law, University of Toronto, 2018)  Conscience bibliography

Indications for abortion: new annotated bibliographies:

  • Fetal Anomaly:  Annotated Bibliography on legal aspects of fetal anomaly and their implications for counseling, service delivery and abortion laws and policies (Toronto: International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, 2018).  Fetal anomaly bibliography
  • Rape-related abortion:  Legal and policy dimensions of rape-related abortion services (Court decisions, Treaty resources, policy guidance and publications. ) (Toronto: International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, 2018).  Rape or Incest bibliography 
  • Causal Violacion y/o incesto:  Selección de doctrina y jurisprudencia latinoamericanas sobre Causal violación y/o incesto en casos de aborto (Rape or Incest bibliography in Spanish)  (Toronto: El Programa Internacional de Derecho en Salud Sexual y Reproductivas Facultad de Derecho, Universidad de Toronto, 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.

 

 

 

 


REPROHEALTHLAW Updates – May 2018

May 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:

[Africa – Kenya]  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).  [obstetric violence – abuse of pregnant women in healthcare system] 
Decision of March 22, 2018.

[Africa – Malawi, vagrancy] Mayeso Gwanda v. the State, Constitutional Case No 5. 2015  (High Court of Malawi. [successful human rights challenge involving an itinerant male vendor] Decision of January 10, 2017
— This decision cites the unreported case of Stella Mwanza and 12 Others v. Republic, Confirmation Criminal Case No. 1049 of 2007 (Malawi) [re 13 women arrested on streets after dark] discussed Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts  (Pretoria, Pretoria University Law Press (PULP), 2017), p. 127  PDF of book, 228 pages. Online edition

[Mexico] Suprema Corte de Justicia de la Nación, Segunda Sala [Supreme Court] 2018,  Amparo en Revisión 601/2017 (Ciudad de Mexico) April 4, 2018.  [Case of “Marimar”- raped minor should not have been denied abortion by hospital]   Decision in Spanish.   News report in English.

[Mexico] Suprema Corte de Justicia de la Nación, Segunda Sala [Supreme Court] 2018,  Amparo en Revisión 1170/2017 (Ciudad de Mexico) April 18, 2018.  [Case of Fernanda – public institutions must allow abortions to raped minor]  Decision in Spanish.     Same news report in English.

CALL FOR PAPERS
 “The Impact of Politics on Sexual and Reproductive Health and Rights,” for publication in Reproductive Health Matters, May 2019.  Submissions due October 31, 2018.
RHM Call for papers

CONFERENCE

V Latin American Congress on Reproductive Rights, Santa Marta, Colombia, November 1-3, 2018.    Congress website in Spanish.  Latin American Judges and Magistrates of the highest courts will gather to foster the inclusion of a gender perspective in judicial decisions regarding reproductive rights:  Synopsis in English.

Audio-visual resources from previous IV Latin American Conference, held in Lima Peru Nov 2-4, 2015, now published online, include many talks in Spanish, and some in English:
◊   Rebecca Cook, “Gender Stereotypes: Transnational Legal Perspectives,” (Nov. 3, 2015)   Video.     Slides
◊  Marge Berer, “Violence and Reproductive Rights.” (Nov. 3, 2015)  Video
◊   Joanna Erdman, “Violence against Women and Reproductive Rights: Revealing Connections.”  Nov. 2, 2015    Video.     Slides

SCHOLARSHIP:

Abortion Law Decisions online, a Table of Cases with links, recently updated.  English.   Spanish.

[abortion] “The Philippines: New post-abortion care policy” by Melissa Upreti and Jihan Jacob,  International Journal of Gynecology and Obstetrics 141.2 (May 2018): 268-275.  Abstract.     PDF online for 12 months.   Submitted text at SSRN.

“Abortion in Poland: politics, progression and regression,” by Julia Hussein, Jane Cottingham, Wanda Nowicka & Eszter Kismodi,  Reproductive Health Matters 26:52 (May 2018): 14-17.   Editorial online.

[conscience, Human Rights Committee, Ireland]:
“Sir Nigel Rodley’s Insights on the Feminist Transformation of the Right of Conscience,”  by Rebecca Cook,  Human Rights Quarterly 40.2 (May 2018): 255-259.   Abstract and Article.

[conscience, U.S.A.] “Divisions, New and Old — Conscience and Religious Freedom at HHS by Lisa H. Harris, New England Journal of Medicine 478.15 (April 12 2018): 1369-1371.   Article online.

[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, ISBN: 978-0-7190-9946-5, Book details.     Abstract and Chapter online.

[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: Manchester University Press, 2016, ISBN: 978-0-7190-9946-5, Book details.   Abstract of Chapter.

[Ireland – medical abortion] “Empowerment and Privacy? Home Use of Abortion Pills in the Republic of Ireland,” by Sally Sheldon, Journal of Women in Culture and Society 43.4(Summer 2018): 823-849.   Abstract and Article.

[Malawi] “Adolescent sex and ‘defilement’ in Malawi law and society,” by Godfrey D. Kangaude 17 (2017) African Human Rights Law Journal 527-549.    Article online.   Abstract with other African resources.

[medical abortion]  “Medical abortion pills have the potential to change everything about abortion,” introduction by  Marge Berer and Lesley Hoggart to special issue of Contraception 97.2 (Feb 2018″ 79–81.  Sections on medical abortion potential, women’s experiences, pharmacy provision, role of health system and providers, and research agenda.   Table of Contents, Medical Abortion special issue.

[Uruguay, human rights]  “Legal barriers to access abortion services through a human rights lens: the Uruguayan experience,” by Lucía Berro Pizzarossa, Reproductive Health Matters 26.52 (2018): 1-8    Abstract and article.

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


NEWS:

German doctor will appeal 6000-euro fine for “advertising” abortions among other medical specialties on her website.  Comment by Stephanie Schlitt, “Criminal prohibition of abortion ‘advertising’ restricts information provision,” Brief comment.  Detailed comment.

Ireland:  May 25th 2018 Referendum voted to repeal article 40.3.3 “the eighth amendment” which had enshrined a ban on abortion.” Law reform expected.  Christina Zampas editorial in Irish Examiner: “Yes Vote would give hope to millions. . . “.     Irish Times newspaper analyzes results.

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.


Abortion by Telemedicine in Northern Ireland: Patient and Professional Rights Across Borders

March 30, 2018

Congratulations to Professors Tamara K. Hervey of the University of Sheffield’s Faculty of Law, and Sally Sheldon of Kent Law School, whose insightful article was recently published in the Northern Ireland Legal Quarterly.  We thank them for putting their submitted text online, with the publisher’s permission: .

Tamara K. Hervey and Sally Sheldon, “Abortion by Telemedicine in Northern Ireland: Patient and Professional Rights Across Borders,” (2017) 68(1) NILQ 1-33.  Article in NILQ.       Submitted Text online at SSRN.

Abstract

The uneasy legal and political settlement regarding abortion in Northern Ireland has long relied on the outsourcing of aspects of reproductive health care. While local health services offer only highly restricted access to termination procedures, women travel to access abortion services elsewhere. However, technological changes, in particular the development of abortifacient medicines, are revolutionising this aspect of reproductive healthcare. Rather than women having to travel to a service, today that service can travel to women through the postal supply of abortion pills, sourced via the internet. While online supply of pharmaceuticals can pose potential public health risks, at least two groups offer safe and effective telemedical services to women in Northern Ireland. Women on Web and Women Help Women each supply abortion pills, under prescription from a doctor based in another country, to women who wish to end a pregnancy of nine weeks or less. Here, we consider the extent to which the telemedical abortion services that they offer are protected by transnational law, in particular, EU provisions on cross-border services. This offers new and hitherto unexplored lines of legal argument (including defences against criminal prosecution and challenges to a state’s attempts to restrict the flow of services). Through claiming the autonomy-based legal relationships implicit in transnational law and the power that flows therefrom, we suggest, women may challenge regulatory arrangements which seek to limit their reproductive rights.

For full text, see:   Article in NILQ.       Submitted Text online at SSRN.


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.