AFRICA: Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts – 54 case summaries

February 14, 2017

2017_legal_grounds

by: Godfrey Kangaude, Onyema Afulukwe, Guy-Fleury Ntwari, et al.
Foreword by Prof. Charles G. Ngwena
PULP (Pretoria University Law Press) 2017
228 page book onlinePrevious volumes.
Printable flyer with Table of Contents

Reproductive and sexual rights, which are guaranteed in constitutions and in international and regional human rights treaties, have no impact if they are not recognized and enforced by national-level courts. Legal Grounds: Sexual and Reproductive Rights in Sub-Saharan African Courts Volume III continues to provide much-needed information about whether and how national courts of African countries apply constitutional and human rights to protect reproductive and sexual rights. The case summaries, significance sections, and thematic highlights serve as useful resources for those seeking to further develop litigation, advocacy, and capacity- building strategies.

Like its predecessors, Legal Grounds: Reproductive and Sexual Rights in Sub-Saharan African Courts – Volume III is a tool for organizations, individuals, and institutions of learning. The scope of this third volume has been widened beyond Commonwealth African countries to include cases from Francophone countries, while focusing more exclusively on court decisions related to reproductive and sexual health. This compelling publication contributes towards a knowledge base of court decisions that bear directly or indirectly on the exercise of reproductive and sexual health as constitutional and human rights in Africa.
228 page book onlinePrevious volumes Printable flyer with Table of Contents.

TABLE OF CONTENTS:
Foreword, Introduction, Acknowledgments
Children and Adolescents
—Child, Forced and Early Marriage
—Female Genital Mutilation legal-grounds/
—Sexual Abuse, Assault and Violence
—Consensual Sexual Conduct
—Student Pregnancy
—Maternal Health Care and Services
Abortion and Fetal Interests
—Abortion
—Wrongful Birth or Life
Adoption and Surrogacy
—Adoption
—Surrogacy
Gender, Sexuality, Women and Discrimination
—Rape
—Disability, Sexuality and Criminal Law
—Women and Criminal Law
—Legal Recognition of Intersexuality
—Gender Identity
—Sexual Orientation
—Recognition of LGBTIQ Advocacy and Groups
HIV
—Access to Treatment
—Criminalisation of Transmission
—Forced Sterilization
—Discrimination in Employment
Francophone Africa / L’Afrique Francophone
—Adultery, Polygamy, Infanticide
Appendices – Table of Cases, Online Resources, Endnotes

HIGHLIGHTS BY AFRICAN AUTHORS:
Child Marriage: Legal and Socio-Cultural Aspects, by Godfrey Kangaude
Adolescent Consensual Sexual Conduct, by Godfrey Kangaude
Sexual Abuse, Assault and Violence, by Victoria Balogun
Maternal Health Care and Services, by Tinyade Kachika
Abortion and Fetal Interests, by Onyema Afulukwe
Adoption and Surrogacy, by Ronaldah Lerato Karabo Ozah
Gender, Sexuality, Women and Discrimination, by MaryFrances Lukera
Criminalisation of HIV Non-Disclosure, Exposure and Transmission, by Jacinta Nyachae
Sexual and Reproductive Rights of Women Living with HIV, by Ebenezer Durojaye
Towards Respect for Human Diversity, by Godfrey Kangaude

COUNTRIES:  Benin, Botswana, Kenya, Namibia, Niger, Nigeria, Rwanda, South Africa, Uganda,  Zambia, Zimbabwe

228 page book online.  Previous volumes.
Printable flyer with Table of Contents.


REPROHEALTHLAW Updates – Nov. 2016

November 24, 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

Gender Justice Uncovered Awards – internationally elected, from cases abstracted by Women’s Link Worldwide:   Best and Worst Judgments of the year.

India: High Court on its own Motion v.  The State of Maharashtra, Suo Motu Public Interest Litigation No. 1 of 2016,  Civil Appellate Jurisdiction, High Court of Judicature at Bombay,  India, September 19, 2016. [Prison inmate granted abortion on compassionate grounds.]  Judgment online.

Spain: Tribunal Constitucional, Sentencia S.T.C. 145/2015, 25 de junio de 2015, 2015182 BOE 66654.  [Seville pharmacy had been fined €3,000 in 2008 for refusing to sell emergency contraceptive, but Spanish constitutional court overturns decision on appeal.]  Spanish judgment now online, including dissenting opinions.  Published decisionEnglish newspaper report. Summary by Women’s Link Worldwide

Tanzania: decision against child marriage:  Rebeca Z. Gyumi v The Attorney General, Miscellaneous Civil Cause No. 5 of 2016, Date of Judgment: 8/7/2016,  [Tanzanian age of marriage laws are found discriminatory and unconstitutional]   Decision online Comment by Girls Not Brides.org

CALLS FOR PAPERS:

“Disability and Sexual and Reproductive Health and Rights”  Reproductive Health Matters 25.49, (June 2017). Submit paper by  (extended) deadline Dec. 10, 2016.   Detailed call for papers.

Disability: “The notion of maternal immunity in tort for pre-natal harms causing permanent disability for the born alive child”  Human Rights Controversies,  Special Issue of The International Journal of Human Rights.  Submit paper by February 1, 2017.  Detailed call for papers

“Equality rights, human rights or social justice…”  Journal of Law and Equality (peer-reviewed, student-run) is currently accepting submissions for its Spring 2017 publication.  It publishes research articles, case comments, notes, and book reviews by a diverse group of commentators including professors, practitioners, and students.  Submit papers to  JLE  at gmail. com

RESOURCES

[abortion] “Mandatory Waiting Periods and Biased Counseling Requirements in Central and Eastern Europe: Restricting Access to Abortion, Undermining Human Rights, and Reinforcing Harmful Gender Stereotypes.” Center for Reproductive Rights.  Fact Sheet online.

[abortion law, Chile]   Debates y reflexiones en torno a la despenalización del aborto en Chile, Lidia Casas Becerra y Delfina Lawson  (LOM, 2016).  Libro en línea, 325 paginasIndice en Espanol.

[abortion law, Latin America, constitutions]  Paola Bergallo and Agustina Ramón Michel, “Constitutional Developments in Latin American Abortion Law,”  International Journal of Gynecology and Obstetrics 135 (2016) 228–231.   PDF online here

[abortion, rape and child marriage  in Sri Lanka]  Submission    to    the    Committee    against    Torture    re  the Sri    Lanka’s Fifth    State    Party    Report, October    2016 by the OMCT (World Organization Against Torture) and Global Justice Center, focuses on how Sri Lankan law violates the Convention Against Torture by banning abortion in most circumstances, and by authorizing rape in certain instances and child marriage.
Press Release     Shadow Report

[conscientious objection, Canada] “Let Thy Conscience Be Thy Guide (But Not My Guide!): Physicians and the Duty to Refer” (October 12, 2016) Daphne Gilbert, McGill Journal of Law and Health 2016 10(2).  Abstract and Article.

[fetal abnormality testing] “Ethical and Legal Aspects of Noninvasive Prenatal Genetic Diagnosis,” by Bernard M. Dickens,  International Journal of Gynecology and Obstetrics 124.2 (2014): 181-184. Abstract and Article.

[personhood and assisted reproduction, Argentina]   “The Lingua Franca of Reproductive Rights: The American Convention on Human Rights and the Emergence of Human Legal Personhood in the New Civil and Commerce Code of Argentina,” by Martin Hevia and Carlos Herrera Vacaflor, 23 U. Miami Int’l & Comp. L. Rev. 687 -740. Article online.

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

JOBS

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


South Africa: customary marriage cannot justify rape

March 10, 2016

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

Nvumeleni Jezile v The State, High Court Case No: A 127/2014 (High Court of South Africa)  Decision online.   Full Case summary.

The appellant in this case had negotiated a customary marriage with the relatives of a 14-year-old girl prior to forcibly abducting, marrying, raping, and assaulting her.   At trial, the appellant had already been convicted of human trafficking, rape and common assault, and assault with intent to cause grievous bodily harm and was serving sentence. 

The issue on appeal relevant to this analysis was whether the trial court’s determination of the issues should have taken into account the practice of customary marriage or ukuthwala, which allows the bride to be coerced.

The High Court held that the practice of ukuthwala on which the appellant relied for his defence is not customary marriage itself.  Rather, it is one of the processes leading to negotiations for a customary marriage.

Further, the appellant relied on an aberrant form of ukuthwala to justify coercion. The consensus amongst the experts on customary marriage and law was that the true form of ukuthwala requires consent of the woman.

Practices associated with the aberrant form of ukuthwala do not comply with the requirements of the Recognition of Customary Marriages Act 120 of 1998 (RCMA), and cannot be protected.  Section 3(1) of the RCMA requires: (a) prospective spouses should be over the age of 18 years, (b) both must consent to the customary marriage, and (c) the process must be in accordance with customary law. Sections 3(3)(a) and 3(4)(a) provide for conditions under which a person below the age of 18 can enter into customary marriage with the consent of parents or guardians.
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Full case summary by Godfrey Kangaude is online here.

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

 


REPROHEALTHLAW Updates: Decisions, News, Resources and Jobs

January 14, 2016

REPROHEALTHLAW
January 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.

DECISIONS AND LEGAL DEVELOPMENTS:

Dominican Republic: Constitutional Court Repeals Abortion Law  (Dec.04, 2015 Despite progress made by the Dominican Republic in 2014 to amend the penal code to decriminalize abortion in limited circumstances, the Constitutional Tribunal of the Supreme Court this week declared this amendment unconstitutional. CRR Press Release. Colectiva Mujer y Salud press releaseThomson-Reuters news report.

Northern Ireland Human Rights Commission, Re Judicial Review [2015] NIQB 96, November 30, 2015  (High Court of Justice in Belfast):  Northern Ireland’s abortion law are incompatible with European Convention on Human Rights Article 8 because it does not allow exceptions for fatal fetal abnormalities, rape, or incest.   The  judgment also has implications for Commonwealth countries that retain the English 1861 Offences Against the Person Act.   Decision of November 30, 2015Official summaryReprohealthlaw blog    “Judge leaves Northern Ireland’s abortion laws to lawmakers.” New York Times     “Northern Ireland medics fear prison over abortion advice” Guardian article.

Sierra Leone – Update – Safe Abortion Act delayed.    President Koroma “engages” religious leaders, delaying legalization.  He plans to send the Act back to Parliament for review.  Government press release.  The International Campaign for Safe Abortion, a coalition of NGOs, is circulating an Ipas petition urging quick passage of the Safe Abortion Act into law:   Petition to the President of Sierra Leone.

[Uganda]: Centre for Health, Human Rights and Development [CEHURD] and Iga Daniel v Attorney General [2015], Constitutional Petition No. 64 of 2011 (Constitutional Court of Uganda at Kampala).  The decision deals in part with criminalization of sex with women with mental disabilities.  Dehumanizing language “idiot” or “imbecile” has been replaced  Decision online.

EVENTS

[abortion] 3rd International Congress on Women’s Health and Unsafe Abortion (IWAC 2016), Bangkok, Thailand, January 26-29, 2016.  Congress details.

Abortion Under Apartheid: Nationalism, Sexuality, and Women’s Reproductive Rights, book presented by Susanne Klausen (Oxford University Press, 2015) at Carleton University, Ottawa, on Friday January 29, from 12:30 to 2:30 in the History Lounge (Paterson Hall, room 433) book launch details.

[assisted reproduction, surrogacy]”Assisted Reproduction: Navigating the Criminalization of Commercial Surrogacy and Reacting to Unexpected Situations”  McGill Journal of Law and Health’s Annual Colloquium, February 6th, 2016, 10:00-14:00, Faculty of Law, New Chancellor Day Hall, Room 100 (Moot Court), McGill University, Montreal, Canada.  RSVP here.

[Northern Ireland]”Abortion and Reproductive Justice- The Unfinished Revolution II”  International Conference, Ulster University, Belfast, Northern Ireland,  June 2-3, 2016.  Conference details.

[abortion] “Improving women’s journeys through abortion,” 12th FIAPAC conference,  Lisbon, Portugal, Oct 13-15 2016  (Abstracts due April 15, Early registration by June 30) FIAPAC 2016 details.

PUBLICATIONS:

[abortion, anencephalic pregnancy, Brazil] The new Brazilian law journal Revista Publicum, based at the State University of Rio de Janeiro (UERJ) released its first issue on December 30, 2015, 261 pages, in Portuguese.  It contains an interview with Supreme Court judge Luis Roberto Barroso, who discusses the legalization of abortion in cases of fetal anencephaly.   new Brazilian law journal.   Related Resource:  “Bringing abortion into the Brazilian Public Debate: Legal strategies for anencephalic pregnancy,” by Luis Roberto Barroso, abstracted here.

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  University of Pennsylvania Press, 2014, 482 pages.  Introduction by the editors. Table of Cases online  Table of Contents with chapter abstractsPurchase from U Penn PressForthcoming in Spanish: ¡Pronto en español!

[abortion, Eastern Europe] “Mandatory Waiting Periods and Biased Counseling Requirements in Central and Eastern Europe: Restricting Access to Abortion, Undermining Human Rights, and Reinforcing Harmful Gender Stereotypes. (Center for Reproductive Rights, 2015)  abstract and 13-page fact sheets.

[abortion, Latin America] Guía de entrenamiento de causal violencia sexual: dirigida a personal de la salud y judicial   [Training guide on legal abortion on grounds of rape: for health care personnel and the judiciary] by Ana Cristina González Vélez y Viviana Bohorquez Monsalve (Bogotá: August 2013.    Full text in Spanish.

[abortion, Latin America] Interrupción legal del embarazo por la causal violación: enfoques de salud y jurídico [Legal abortion on grounds of rape: approaches from a health and legal perspective] por Paola Bergallo y Ana Cristina González Velez con las contribuciones del Grupo Foro Virtual Causal Violación y la Secretaría Técnica y Asistente:  Silvina Ramos con la colaboración de Agustina Ramón Michel   (Bogota, La Mesa por la Vida y la Salud de las Mujeres, 2012), 212 pages  PDF (3 mb) now online in Spanish

[abortion -Northern Ireland) “Human Rights and Making Change: Looking Backwards and Moving Forwards from the Northern Ireland High Court Decision on Abortion” December 10, 2015  by Dr Catherine O’Rourke, University College Cork, Faculty of Law, CCJHR blog post.

[abortion – Northern Ireland] “Submission of Evidence to the CEDAW Committee Optional Protocol: Inquiry Procedure,  by the Family Planning Association Northern Ireland, Northern Ireland Women’s European Platform (NIWEP), and Alliance For Choice, February 11, 2015. Abstract and Full Text.

[abortion, South Africa]  Claiming and defending abortion rights in South Africa  by Cathi Albertyn,  Revista direito GV São Paulo 11(2) (JUL-DEZ 2015) 429-454.   Abstract and full text in English, abstract in Portuguese.  [Reivindicando e defendendo o direito ao aborto na África do Sul]

[adolescents] “Enhancing the Role of Health Professionals in the Advancement Of Adolescent Sexual Health and Rights in Africa” (2016), by Godfrey Kangaude. International Journal of Gynecology and Obstetrics 132 (2016) 105–108.  online here.

Adolescents’ reproductive and sexual health – “Recommended Reading” – new section of our Adolescents topic page, online here.  It includes these recent papers:

—“The potential of the Expert Committee of the African Children’s Charter in advancing adolescent sexual health and rights in Africa,” by Ebenezer Durojaye,  (2013) 46:3 The Comparative and International Law Journal of Southern Africa 385. Online here.

—“Righting the mismatch between law, policy and the sexual and reproductive health needs of young people in the Asia-Pacific Region” by J. Godwin, et al.  (2014) 22:44 Reproductive Health Matters 137. Article online.

—“Sexual health and rights of adolescents: A dialogue with sub Saharan Africa” by Godfrey Kangaude and Tiffany Banda, “ in Charles Ngwena and Ebenezer Durojaye, eds, Strengthening the protection of sexual and reproductive health through human rights in the African Region through human rights (Pretoria: University of Pretoria Law Press; 2014) 251.

—“Adolescent girls, HIV, and state obligations under the African Women’s Rights Protocol” by Karen Stefiszyn, in Charles Ngwena and Ebenezer Durojaye, eds, Strengthening the protection of sexual and reproductive health through human rights in the African Region through human rights (Pretoria: University of Pretoria Law Press; 2014) 155.

[obstetric violence] “Making Loud Bodies ‘Feminine’: A Feminist-Phenomenological Analysis of Obstetric Violence,” by Sara Cohen Shabot, Human Studies (published online Oct 9, 2015), pp 1-17.  Abstract and article.

“Patients’ Refusal of Recommended Treatment” (2015), by Bernard Dickens and Rebecca Cook. International Journal of Gynecology and Obstetrics 131 (2015) 105–108.  Article and abstract online at SSRN.

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

NEWS

[abortion – Women on Web] “From Nagpur to Northern Ireland: pill pipeline helping women get round abortion laws” Guardian article.

European Union Divorces Itself from US Abortion Ban – 2016 Budget mandates EU funds, “not be subject to restrictions imposed by other partner donors” (i.e. US ban on use of funds for abortions)  Global Justice Centre comment.

JOB OPPORTUNITIES

[Canada, HIV/AIDS]  Policy Analyst/Researcher, Canadian HIV/AIDS Legal Network.  Please send cover letter, resume and unedited writing sample to hiring {at} aidslaw.ca asap or before January 31, 2016.  Job details.

[United Kingdom] 2-year postdoctoral researcher needed to work with Prof. Sally Sheldon and  interdisciplinary research team on an AHRC-funded project, “The Abortion Act: a Biography.”   Kent Law School Kent University , Canterbury, Kent, United Kingdom.  Postdoctoral work details

Deputy Director, Public Health Program, Open Society, New York, USA.   Job details

Executive Director,  Asia Catalyst, New York, USA, which builds strong civil society and advances the right to health for marginalized groups in Asia  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.


REPROHEALTHLAW: Updates, Resources and News

October 29, 2014

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

LEGAL DEVELOPMENTS:

Ireland: Detailed guidelines on legal abortion released: Termination permitted when there is “real and substantial threat” to a woman’s life – News article July 2014.

Kenya:  High Court:  Police should investigate child sexual assaults.   C.K. (a child) (Through Ripples International As Her Guardian And Next Friend) & 11 Others  v.  Commissioner of Police/Inspector General of the National Police Service,  & 3 Others [2013] eKLR  Decision onlineSummary by law student.

Peru adopts National Guidelines, an important step to clarify rights to safe abortion services, in response to CEDAW “LC” decision of 2011.  News  July 2014.  Center for Reproductive Rights press release.

Zimbabwe Supreme Court finds State liable for preventing emergency contraception after rape but not termination of pregnancy.  Mildred Mapingure v Minister of Home Affairs, No. SC 22/14, 25 March 2014, Supreme Court of Zimbabwe.  Court  Decision online.    Summary by law student.

EVENTS:

“Overcoming Obstacles – Towards the effective implementation of the rights of women with disabilities in Africa, Conference at the Center for Human Rights, University of Pretoria, South Africa, Tues/Wed Nov 4-5, 2014.  Conference invitation.

FIGO World Congress 2015, Vancouver, BC,  Canada,  Oct 4-9, 2015 .  Congress 2015 website

RESOURCES:

[abortion, Brazil]  “Modern-Day Inquisition: A Report on Criminal Persecution, Exposure of Intimacy and Violation of Rights in Brazil,” by Alexandra Lopes da Costa, in: SUR – International Journal On Human Rights, 10.19, Dec. 2013. Abstract and article online.

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  Published by University of Pennsylvania Press, August 2014, 482 pages.
Introduction by the editors: online through SSRN.
Book reviewers should contact Gigi Lamm (glamm {a} pobox. upenn. edu)
Includes 16 chapters, Table of Legislation,

Table of Cases, also online here, with links to abortion-related decisions in English and/or other languages).
Table of Contents online here.
Purchase info: link to U Penn Press.

“Abortion Privacy/Abortion Secrecy – What’s the Difference and Why Does It Matter?””  video guest-lecture by US professor Carol Sanger at Birmingham Law School, UK, April 29, 2014, 53 minute lecture by Prof. Sanger.
Written comment by Prof. Máiréad Enright on the Human Rights in Ireland blog, June 6, 2014.  Written comment by Prof. Enright

[adolescents – El Salvador, Senegal and United Kingdom]  Over-protected and under-served: Legal barriers to young people’s access to sexual and reproductive health services.  Case studies 32-60 pages each.

[Canada]  “Choice, Interrupted: Travel and Inequality of Access to Abortion Services Since the 1960s,” Christabelle Sethna, Beth Palmer, Katrina Ackerman, and Nancy Janovicek, Labour/Le Travail, 71 (Spring 2013), 29-48.  Abstract and article online.

[Colombia]  Case Study on Colombia: Judicial Standards on Abortion to Advance the Agenda of the Cairo Programme of Action, by Ana Cristina González Vélez and Viviana Bohórquez Monsalve, SUR – International Journal On Human Rights, v. 10, n. 19, Dec. 2013.  Abstract and article online.

[Colombia]  “Movement and Counter-Movement: A History of Abortion Law Reform and Backlash in Colombia, 2006-2014” by Alba Ruibal,  (November 20, 2014). Reproductive Health Matters, Vol. 22, No. 44, November 2014, Forthcoming. Abstract online.

[Conscientious objection in healthcare – Colombia Constitutional Court’s definition of 2009]
—-T388/2009:  “Conscientious Objection And Abortion. A Global Perspective On The Colombian Experience,”   English, 198 pages    Spanish, 210 pages    (Joint publication by Women’s Link Worldwide and the O’Neill Institute for National and Global Health Law.

—“Striking a Balance: Conscientious Objection and Reproductive Health Care from the Colombian Perspective,”  by Luisa Cabal, Monica Arango Olaya, Valentina Montoya Robledo,  Health and Human Rights Dec.  2014, 16/2.  Special issue on Health Rights Litigation.   Abstract and article online.

—see also:  “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 original.   Spanish translationOther “Ethical and Legal Issues in Reproductive Health”

[emergency contraception, Chile] “Morning-After Decisions: Legal Mobilization against Emergency Contraception in Chile,” by Fernando Muñoz León,  Michigan Journal of Gender and Law 21(2014):123-175.  Article online.

Health and Human Rights Resource Guide – updated 5th edition, from Harvard University. Searchable, available in English, Spanish and Georgian.  Resource Guide.

Health & Human Rights Syllabi Database has moved to USC:  Overview online.

[Late-stage clinical trials]  “Ethical issues for late-stage trials of multipurpose prevention technologies for HIV and pregnancy,” by Jessica A. Cohen, Anna C. Mastroianni and Ruth Macklin,  International Journal of Gynecology and Obstetrics 127 (2014) 221–224.  Abstract and article online.

[Sexual and Gender-based Crimes]:  Prosecutor Fatou Bensouda of International Criminal Court publishes comprehensive Policy Paper.  More info and download.

[South Africa] “The Nasciturus Non-Fiction – The Libby Gonen Story – Contemporary Reflections on the Status of Nascitural Personhood in South African Law, by Marc Schulman (March 31, 2014 working paper).  Abstract and article online. 

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

NEWS:

Czech Republic: Controversial abortion pill (RU-486) goes on sale in Czech pharmacies.  English edition and Czech radio report.

Northern Ireland:  Public consultation on proposal to allow abortion for fetus with lethal abnormality  Newspaper article

JOBS / INTERNSHIPS

Global Legal Program 2015 Summer Internship at New York office- apply as soon as possible, before Nov 28, 2014 applications accepted on rolling basis.  Global internship details.

Legal Adviser for Latin America and the Caribbean, Bogota Colombia, Legal adviser LAC details.

US Federal Policy Law Student Intern, Center for Reproductive Rights, New York, USA.   Apply for Spring 2015 by Oct. 29, 2014  US internship details

Links to other employers in the field of Reproductive and Sexual Health Law are online here http://www.law.utoronto.ca/documents/reprohealth/joblinks.doc

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.


Zimbabwe Supreme Court: State hindered access to emergency contraception, but not abortion

October 29, 2014

Many thanks to our research assistant, Michelle Hayman, a second-year law student, for summarizing this case for Reprohealthlaw subscribers.

Mildred Mapingure v Minister of Home Affairs, No. SC 22/14, 25 March 2014, Supreme Court of Zimbabwe , decision online.

Mildred Mapingure brought claim against the state for damages for physical and mental pain and for maintenance in respect of her child after a series of bureaucratic hurdles stopped her from preventing or terminating her pregnancy caused by rape.

The Supreme Court held that the state was liable for the negligence of the doctor and police officers whose actions prevented Mapingure from accessing emergency contraceptive treatment following her immediate report of the rape and request for treatment.

However, the Court dismissed Mapingure’s claim that the state was liable for the failure to terminate the pregnancy. Patel JA held that according to the Termination of Pregnancy Act, it was the appellant’s responsibility to institute the proceedings for the issuance of a magisterial certificate to allow for the termination of her pregnancy and dismissed her claim that she was following the incorrect advice of state officials. Following this, Patel JA remitted the claim for damages for pain and suffering to the court to determine the appropriate amount of compensation, but dismissed the claim for damages for the maintenance of her child.

The case has received mixed reception among women’s rights organizations. Some have applauded the Supreme Court’s recognition of the state’s failure to provide access to emergency contraceptives as an actionable wrong and for Patel JA’s discussion of Zimbabwe’s international obligations to support the rights of women. Others have criticized the decision for failing to find negligence on the part of the state in impeding termination of the pregnancy, despite the Court’s criticism of the wording of the Act as “ineptly framed” and “lacking sufficient clarity” (28).

Full text of the case is online here.

Detailed case analysis by Godfrey Kangaude and Rudo Chigudu for  Legal Grounds III:  Reproductive and Sexual Rights in Sub-Saharan African Courts, forthcoming 2016.
For summaries of older African cases, see:  Legal Grounds: Reproductive and Sexual Rights in African Commonwealth Courts, Volumes I and II
More info and free download options


Developments, Resources, Opportunities and Jobs

March 31, 2014

REPROHEALTHLAW BLOG – March 2014

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

DEVELOPMENTS

[Canada] Supreme Court upholds sexual assault conviction of man who pierced girlfriend’s condoms to impregnate her. The “condom sabotage constituted fraud … the result that no consent was obtained,” in R. v. Hutchinson, decision of March 7, 2014, 2014 SCC 19, docket no. 35176
56-page decision online.   News coverage.

[Europe – Italy – abortion – conscientious objection] European Committee on Social Rights on the merits of the complaint International Planned Parenthood Federation European Network (IPPF EN) v. Italy, Complaint No. 87/2012, re women’s difficulties accessing termination of pregnancy under Italian legislation which amount, according to the complainant organisation, to a breach of the right to health as guaranteed by the European Social Charter.  Health facilities do not effectively compensate for the deficiencies in service provision caused by health personnel who  invoke their right of conscientious objection.  IPPF complaint (30 pages);  Decision on the merits (67 pages).  Summary of Decision (4 pages), IPPF press release.

[Europe – parental leave and surrogacy] Court of Justice of the European Union.  Judgment in Cases C-167/12 C. D. v S.T. and C-363/12 Z. v A Government Department and the Board of Management of a Community School.  EU law does not require that a mother who has had a baby through a surrogacy agreement should be entitled to maternity leave or its equivalent.  The Pregnant Workers Directive merely lays down certain minimum requirements in respect of protection, although the Member States are free to apply more favourable rules for the benefit of such mothers. Official Press Release.   Decisions in English and French.

[CEDAW] Statement of the Committee on the Elimination of Discrimination against Women on sexual and reproductive health and rights: Beyond 2014 ICPD review, 57th session, 10 – 28 February 2014. CEDAW statement.

The Airlie Declaration on Safe and Legal Abortion, 27 March, 2014,  Virginia.  Outcome of a 2-day meeting co-sponsored by Ipas, the International Planned Parenthood Federation, and the Center for Reproductive Rights.  Political, health and human rights leaders from over 30 countries took part in the event. About the meeting.    Declaration and signatories.  

Morocco reforms its rape law, January 8, 2014,  Article 475 of the Criminal /penal Code allowed rapists to escape prosecution if they married their victim, justifying the traditional practice of pressuring the victim to marry her rapist to preserve “family honor.”   New amendment removes the second paragraph of the article, lifting the immunity of the rapist and preventing him from marrying his victim.  WLP Press release.

South Africa is launching their new Contraception and Fertility Plannning guidelines.  Contraception guidelines.

Zimbabwe Supreme Court: Zimbabwe Women Lawyers Association successfully sued Government for raped woman denied abortion, Mildred Mapingure was awarded compensation for her and the resulting child.  Zimbabwe news.

CONFERENCES:

“Task Sharing in Abortion Care,” (FIAPAC) International Federation of Professional Abortion and Contraception Associates  bi-annual conference  for health care professionals working in the field of abortion care and contraception, Ljubljana, Slovenia,  October 3-4, 2014.  FIAPAC conference details.

“Histories on the Edge” Berkshire Conference on the History of Women, May 22-25, 2014, Toronto, Canada ( includes panel discussion “Pregnant Bodies As Conflict Zones: Abortion Politics in Transnational Context” with Grace Millar Sarah B. Rowley, Katrina Ackerman, Shannon Stettner, Lori A. Brown, Barbara Baird, Catherine Elizabeth Kevin, Discussants: Karissa Haugeberg and Rebecca Cook, May 25).  Preliminary Program.

EDUCATIONAL OPPORTUNITIES:

Fellowships for MA Social Determinants of Health, Doctoral, Post-Doctoral, Research Associate, and Senior Academic at the Comparative Program on Health and Society, University of Toronto 2014-15.  Supporting documents must arrive by May 27, 2014.  Call for Applications 2014/2015CPHS website.

Health Law Fellowships at the O’Neill Institute for National and Global Health Law at Georgetown University, USA, 2014-15, working on academic legal research and scholarly projects in health law, beginning Fall 2014, 65K for one year plus benefits, Apply by April 25, 2014.  Overview online here.   O’Neill Application.

3-day intensive course on Sexual and Reproductive Health and Rights Litigation, The Global School on Socioeconomic Rights,  Harvard University  Boston MA, USA,  November 3-5, 2014, Apply by July 1, 2014.  Health Rights Litigation course

RESOURCES

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  Forthcoming, University of Pennsylvania Press, 2014.  To receive details when it is published, email reprohealth. law \at/ utoronto. ca with subject “abortion book flyer”.

[abortion] “My Body My Rights,” new Amnesty International campaign – 7-page report

On Abortion: Exploring Psychological Meaning and Attitudes in a Sample of Mexican Gynecologists, Ma. Luisa Marván, Asunción Álvarez del Río and Zaira Campos, Developing World Bioethics 14.1 (April 2014): 29–36.     Abstract or download article.

[abortion – Africa] “Facilitating women’s access to misoprostol through community-based advocacy in Kenya and Tanzania,” by Francine Coeytaux, Leila Hessini, Nondo Ejano, Albert Obbuyi, Monica Oguttu, Joachim Osur, Kristen Shuken, International Journal of Gynecology and Obstetrics, 125.1(April 2014): 53-55. Abstract or download article.

[abortion – Ireland] “Human Rights and Abortion Law Reform in Ireland’ IFPA seminar held last December in Dublin Ireland, panel of national and international experts analysed abortion law in Ireland through the lens of equality, criminalisation, human rights and stigma, and explored ways forward to advance Irish abortion law reform.  Speakers included: Dr Ruth Fletcher, Prof. Rebecca Cook, Julie Kay, Lead Counsel in A, B and C v Ireland, Prof. Siobhán Mullally, and Mark Kelly.  Highlights:  9-minute video.

[abortion – Israel] “The effect of a policy change on late termination of pregnancy in Israel,” by Amir Aviram, Ami Fishman, Maya Steinberg, Ido Solt, Rami Aviram, Corresponding author contact information, E-mail the corresponding author.  International Journal of Gynecology and Obstetrics  Abstract online.

[abortion – Nigeria] “Acceptability and feasibility of medical abortion with mifepristone and misoprostol in Nigeria,” by Friday Okonofua, Oladapo Shittu, Tara Shochet, Ayisha Diop and Beverly Winikoff, International Journal of Gynecology & Obstetrics 125.1 (April 2014): 49-52.  Abstract or download article.

[abortion – Pakistan]  The Rules for Abortion and Causing Miscarriage: Isqat-i-Haml and Isqat-i-Janin in the Pakistan Penal Code, by Imran Ahsan Nyazee, Islamabad School of Law, 19-page working paper online

[abortion and domestic violence] “Associations between Intimate Partner Violence and Termination of Pregnancy: A Systematic Review and Meta-Analysis,”  by Megan Hall, Lucy C. Chappell,  Bethany L. Parnell, Paul T. Seed, and  Susan Bewley,  PLOS Medicine,  January 07, 2014,  DOI: 10.1371/journal.pmed.1001581.  Article onlineNewsmedia comment.

[abortion ship] New film about Women on Waves: “Vessel”   “Vessel” film website.

“Abortion, Libertarianism, and Evictionism: A Last Word,” by Jakub Bożydar Wiśniewski, Libertarian Papers 5, 1 (2013). Article online.

“Conscientious objection and refusal to provide reproductive healthcare: A white paper examining prevalence, health consequences, and policy responses,” by Wendy Chavkin, Liddy Leitman, and Kate Polin, for Global Doctors for Choice  69-page paper online.

[conscientious objection] “The Scope of the Conscience-Based Exemption in Section 4(1) of the Abortion Act 1967: Doogan and Wood v NHS Greater Glasgow Health Board [2013] CSIH 36,” by Mary Neal, Medical Law Review doi: 10.1093/medlaw/fwt041 (pre-published online 20 January 2014)  Abstract online.

[Europe – human rights]  Shaping Rights in the ECHR:  The Role of the European Court of Human Rights in Determining the Scope of Human Rights, ed. Eva Brems and Janneke Gerards (Cambridge UP, 2014) pp 137-161.  (Abortion discussed in chapter 7  “Procedural Protection” by Eva Brems.)  Ebook through university librariesTable of Contents.   Book details from Publisher.

[Ireland]  “Refusal of Emergency Caesarean Section in Ireland: A Relational Approach.” by Katherine Wade, Medical Law Review 22.1(Winter 2014): 1-25.   Abstract online.

[Eastern Europe]  “Status of Sexual and Reproductive Health and Rights in Central and Eastern Europe (ASTRA)  4-page fact sheet online.

The ICPD Beyond 2014 Global Report – now online (large file)UN Secretary-General’s report.

[maternal mortality]  “Accountability in the Provision of Quality Health Care for Women: Alyne da Silva Pimentel [in Brazil]”, by Mónica Aranga Olaya and Valentina Montoya Robledo, Policy in Focus 27 (March 2014): 8-9.  Issue online, see pages 8-9.

[maternal mortality – Uganda] A Global Social Contract to Reduce Maternal Mortality: The Human Rights Arguments and the Case of Uganda, by Gorik Ooms, Mulumba Moses, Rachel Hammonds, Laila Abdul Latif, Attiya Waris, and Lisa Forman, Reproductive Health Matters, Vol. 21, No. 42, November 2013, pp 129-138. Abstract online.

[stigma] “Reducing stigma in reproductive health,” by Rebecca J. Cook and Bernard M. Dickens, International Journal of Gynecology & Obstetrics 124.2(February 2014): 134-138.  Abstract and article online.

“Substantive Equality and Reproductive Rights: A Briefing Paper on Aligning Development Goals with Human Rights Obligations,” published by Center for Reproductive Rights, 30-page briefing paper.

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

NEWS

[abortion – Ireland]  Second woman challenges Ireland’s abortion laws at the UN re fetal abnormality.  Guardian news article.

[abortion – Turkey]Abortion banned in Turkish state hospitals, health group claims.    News report.

[abortion – UK]  Abortion provider BPAS fined £200,000 for data breach.  BPAS did not know that its website was storing the name, address, date of birth and telephone number of people who requested a callback for advice on pregnancy issues. Hacker caught before damage done.  BBC news report.

JOBS

Regional Director for Europe – based in Geneva, Switzerland, Center for Reproductive Rights. Apply by April 18, 2014.  CRR job details.

Program Associates, Global Development and Population Program, The William and Flora Hewlett Foundation, Menlo Park Calif. USA. Hewlett job details.

Program Officer, Safe Abortion Advocacy, Latin America and Caribbean Countries, International Planned Parenthood Federation.  Job at IPPF-WHR.

Director, Special Projects, Ipas, Chapel Hill, NC, USA, Master’s degree required.  Ipas 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.
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