REPROHEALTHLAW Updates – August 2019

August 26, 2019

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COLLOQUIUM:

Overcoming Barriers to Safe Abortion in the African Region, 16-17 January 2020, at the University of Pretoria’s Centre for Human Rights. Details, funding, topics, and Call for Abstracts

DEVELOPMENTS:

El Salvador – Young woman acquitted of aggravated homicide after miscarriage in 2016. Evelyn Hernandez Cruz was released on appeal, July 10, 2019. News report.

Germany: Higher court overturns doctor’s conviction for “advertising” abortion among other health services, in light of recent legal reform. News report, July 3, 2019.

Kenya – Case of “JMM,” a teenager who died in 2015 after botched illegal abortion.  The High Court of Kenya at Nairobi, Constitutional and Human Rights Division, declared that abortion is permitted for rape victims. It also ruled that the Ministry of Health’s 2014 withdrawal of abortion “Standards and Guidelines” and abortion trainings for healthcare professionals, were arbitrary and unlawful. Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others; East Africa Center for Law & Justice & 6 others (Interested Party) & Women’s Link Worldwide & 2 others (Amicus Curiae) [2019] eKLR, Petition No. 266 of 2015.   Decision of June 11, 2019.   News report.    Press release by Center for Reproductive Rights.

Northern Ireland – U.K. bill to maintain Northern Ireland’s public services during governmental hiatus includes decriminalized abortion and same-sex marriage. Bill was signed into law July 24, 2019, to take effect October 22, 2019. Time Magazine: “After 158 Years.”

United Kingdom: Court of Appeal upholds legality of a buffer zone around a London abortion clinic.  Dulgheriu and Orthova v. the London Borough for Civil Liberties and The National Council for Civil Liberties [2019] EWCA Civ 1490, Case No: C1/2018/1699 Court of Appeal (Civil Division). (Decision of August 21, 2019Report by Safe Abortion.

United Nations, International Law Commission, UN 71st session, A/CN.4/L.935 May 15, 2019, adopted new edition of “Crimes against Humanity” treaty, which “removed the outdated definition of gender … [It] affirmed that the rights of women, LGBTIQ persons, and other marginalized groups are protected in international criminal law, which will have ripple effects across national laws and future legal mechanisms for years to come,” according to Jessica Stern et al. New edition of Treaty.

SCHOLARSHIP:

[abortion law, Brazil] “Why is decriminalization necessary?  by the Anis Bioethical Institute (Brasilia, 2019).  The booklet is now available in English, Spanish and Portuguese : scroll down on this webpage.

[abortion law, Chile ] “Criminalisation under scrutiny: how constitutional courts are changing their narrative by using public health evidence in abortion cases,” by Verónica Undurraga, Sexual and Reproductive Health Matters 2019;27(1) DOI: 10.1080/26410397.2019.1620552 Article and abstract

[abortion law, Mexico] “Motherhood or Punishment: The criminalization of abortion in Mexico.” English 57-page report, 2019, English executive summary. Based on “Maternidad o Castigo:  La criminalización del aborto en Mexico,”  (Mexico, GIRE, 2018)  Informe de 72 paginas

[abortion law – United Kingdom] “Female Autonomy, Foetal Personhood and the English Legal Stance on Abortion Practice,” by Sahra Paula Thomet, Queen Mary Law Journal 10 (2019): 27-50. Institutional Access.

[abortion pill – Canada] “To Solve Abortion Pill Prescription Problems, We need to Rethink the Prescription Itself” by Professor Joanna Erdman, Dalhousie Law School, July 17, 2019 Newspaper Comment.

[age-of-marriage, Mali] “A commentary on the African Court’s decision in the case APDF and IHRDA v Republic of Mali: why socio-cultural endemic factors of a society could never support arguments based on force majeure” by Giulia Pecorella,  International Law Blog, January 14, 2019.  Comment online. Decision PDF.

“Gender Equality, Norms, and Health” 5-part series in The Lancet Vol. 393 provides new analysis and insights into the impact of gender inequalities and norms on health, and opportunities to transform them. ArticlesGender Equality Norms and Health series.

“Integrating Gender Perspectives  in Gynaecology and Obstetrics: Engaging Medical Colleges in Maharashtra, India,” by Sangeeta Rege,  Padma Bhate-Deosthali, Pravin Shingare, Srinivas Gadappa, Sonali Deshpande, Nandkishore Gaikwad, and Shailesh Vaidya, International Journal of Gynecology and Obstetrics 146 (2019): 132–138    PDF at Wiley OnlineSubmitted text at SSRN.

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

JOBS

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


REPROHEALTHLAW Updates – June 2019

June 28, 2019

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DEVELOPMENTS:

[abortion, Germany]: Two more doctors fined for “advertising” abortion.  Newspaper report.  Criminal restrictions on abortion “advertising” restricts information provision – comment by Stephanie Schlitt.

[abortion, United Kingdom] UK Appeal court overturns forced abortion ruling. Termination had been said to be in best interests of woman with learning disabilities. The Guardian newspaper.

[abortion law, Croatia]:  Constitutional Court decision of February 21, 2017.  Rješenje Ustavnog Suda Republike Hrvatske, broj: U-I-60/1991 i dr. od 21.veljace 2017.  Decision in Croatian.  Summary from CRR.   Court’s press release.   New: Judgment translated into English.    I-CONnect Symposium online.

[abortion law, Mexico]  Suprema Corte de Justicia de la Nación, Primera Sala [Supreme Court] 2019,  Amparo en Revisión 1388/2015
[Case of “Marisa,” ruled that abortion should be allowed when mother’s health at risk]  May 15, 2019.  Decision in Spanish.   Backup copy.

[Costa Rica] Emergency contraception (Levonorgestrel) approved by Ministry of Health, for sale without prescription.  News article.

[homosexuality rulings]:
“Botswana’s High Court decriminalizes gay sex.”  June 12, 2019.  New York Times report.
“India: [Supreme] Court legalises gay sex in landmark ruling,” Sept 6, 2018.  BBC Report.
“Kenya: High Court upholds a ban on gay sex.”  EG & 7 others v Attorney General; DKM & 9 others Petition 150 & 234 of 2016 (consolidated), decision May 24, 2019  Decision online.    New York Times report.  Activists plan to appeal. Human Rights Watch report.

SCHOLARSHIP:

[abortion law, Brazil, Portuguese and English article]
—— “Constitucionalização do aborto no Brasil: uma análise a partir do caso da gravidez anencefálica,” por Marta Rodriguez de Assis Machado y Rebecca J. Cook. Revista Direito e Práxis, Ahead of print, Rio de Janeiro, 2019. DOI: 10.1590/2179-8966/2019/43406
Disponível em: Portugues, antes da impressão.
Resumo en Portugues.

—— “Constitutionalizing abortion in Brazil,” Marta Rodriguez de Assis Machado y Rebecca J. Cook. Revista de Investigações Constitucionais, Curitiba, vol. 5, n. 3, p. 185-231, set./dez. 2018. DOI: 10.5380/rinc.v5i3.60973. Article in English. Abstract and related resources.

[abortion law, Chile] The misrepresentation of conscientious objection as a new strategy of resistance to abortion decriminalisation,” by Verónica Undurraga and Michelle Sadler, Sexual and Reproductive Health Matters 27.2 (2019):1–3.  Abstract on Reprohealthlaw.   Article online

[abortion law, Croatia]: “Symposium: The 2017 Croatian Constitutional Court’s Abortion Ruling,” International Journal of Constitutional Law Blog (I-CONnect), June 15-18, 2019) includes comments from 3 legal scholars:
—— “Reconciling with the Past, Looking to the Future,” by Prof. Djordje Gardašević  Introduction
—— “A Nominal Win for Reproductive Freedom,” by Prof. Ana Horvat Vuković   Reproductive Freedom.
—— “Finding Common Ground amid Differences in Approach,” by Prof. Sonia Human  Common Ground.

[abortion law, South Korea] “Punishment for Abortion will Vanish from Korea’s Criminal Code: the April 2019 Constitutional Court Decision,” by Professor Hyunah Yang, Seoul National University School of Law  Commentary on Reprohealthlaw.

[USA]:  Reproductive Rights and Justice Stories (Law Stories Series), ed. Melissa Murray, Katherine Shaw, and Reva B. Siegel. Foundation Press, 2019. includes litigation stories behind important cases. Publisher’s summary.   Symposium about the book

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

REPORTS

[Dominican Republic] “I Felt Like the World Was Falling Down on Me,”  Adolescent Girls’ Sexual and Reproductive Health and Rights in the Dominican Republic (New York: Human Rights Watch, June 18, 2019)     Report in English.   en Español

[Honduras]  “Life or Death Choices for Women Living Under Honduras’ Abortion Ban,” (Human Rights Watch, 2019) Report in English.    en Español

[sex education – Canada] Canadian Guidelines for Sexual Health Education (updated edition, SIECAN (Sex Information & Education Council of Canada), May 1, 2019)  Guidelines, in Englishet en Francais.

JOBS

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


REPROHEALTHLAW Updates – May 2019

May 27, 2019

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DEVELOPMENTS:

Argentina: Doctor convicted of obstructing a legal abortion for raped woman, May 21, 2019  Report from Safe Abortion Campaign.

Canada: Ontario: Top Court rules that religious doctors must offer patients an ‘effective referral’ for assisted dying, abortion and birth control.  Report from Safe Abortion Campaign.

South Korean Constitutional Court (Case on the Crime of Abortion
Apr 11, 2019 / Case No. : 2017Hun-Ba127, KCCR) held provisions of “Abortion Prohibition Law” (1953) penalizing women and doctors for abortion are inconsistent with the Constitution.  If these provisions are not amended before Dec 31 2020, the law will be automatically abolished.  Link to official summary through “Major Decisions” on Court websiteBBC News report Abstract and Article (2012) about the law.   Reprohealthlaw Blog comment by South Korean Legal Scholar.

SCHOLARSHIP:

[abortion – Northern Ireland] “Standing and the Northern Ireland Human Rights Commission,” by Jane M. Rooney,  Modern Law Review 82.3 (May 2019): 525-48.  Abstract and Institutional access to article.

[abortion – South Africa] “International human rights norms and the South African choice on termination of pregnancy act: an argument for vigilance and modernisation,”  Lucía Berro Pizzarossa & Ebenezer Durojaye, South African Journal on Human Rights 35.1 (April 2019): 50-69.  Abstract and Article.

[abortion – South Korea, before 2019 ruling] “Abortion in South Korea: The Law and the Reality, by Woong Kyu Sung,  International Journal of Law, Policy and the Family 26(3), (2012), 278–305.  Abstract and Article

The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini & Michel Rosenfeld (Cambridge Univ. Press, 2018)  Publisher’s websiteTable of Contents with Links.

[Conscience, Italy, ESCR ruling]  “Objection ladies! Taking IPPF-EN v Italy one step further,” by Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive, in Integrated Human Rights in Practice-Rewriting Human Rights Decisions, ed. Eva Brems and Ellen Desmet (Cheltenham, U.K.: Edward Elgar, 2017) 261-285. About the bookWorking paper PDF online.

[Conscientious Objection] “Seeking to Square the Circle:  Conscientious objection in Reproductive Healthcare by Emmanuelle Bribosia and Isabelle Rorive, in: Susanna Mancini & Michel Rosenfeld, eds., The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality,  (Cambridge Univ. Press, 2018)    Institutional Access working paper PDF online.

[Sex education] “The Challenges of Girls’ Right to Education: Let’s talk about Human Rights-based Sex education,” by Meghan Campbell, The International Journal of Human Rights, 20.8 (2016): 1219-1243, Online here

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.

 


Rethinking human rights and criminal law on sexuality, gender & reproduction

April 22, 2019

Congratulations to the editors and authors of this new book, which examines the ways in which recourse to the criminal law is featured in work by human rights advocates regarding sexuality, gender, and reproduction. It also presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. We are pleased to circulate links and the full Table of Contents:

Beyond Virtue and Vice:  Rethinking Human Rights and Criminal Law
ed.  Alice M. Miller and Mindy Jane Roseman,  Pennsylvania Studies in Human Rights (Philadelphia: University of Pennsylvania Press, 2019)  360 pages.
Book abstract and information.    Intro and excerpts from pp. 3-55 online.

TABLE OF CONTENTS:

Introduction, by Alice M. Miller and Mindy Jane Roseman with Zain Rizvi, pp. 1-16. mostly online.

PART I: TRANSNATIONAL THEORY AND PRACTICE
1.  Janet Halley in conversation with Aziza Ahmed: Interview,. 17-38.  mostly online.
2.  Seismic Shifts: How prosecution became the go-to tool to vindicate rights, by Alice M. Miller with Tara Zivkovic, 39-53. 2 random pages online.
3.  The Harm principle meets morality offences: Human rights, Criminal Law, and the regulation of sex and gender, by Alli Jernow, 54-74  2 initial pages online.
4.  Reflections of a human rights activist, by Widney Brown,  75-90

PART II. NATIONAL HISTORICAL PERSPECTIVES

5.   Virtuous Rights: On prostitution exceptionalism in South Korea, by Sealing Chen, and Ae-Ryung Kim, 93-113
6.   Brazilian Sex Laws: Continuities, ruptures and paradoxes, by Sonia Correa and Maria Lucia Karam, 114-133
7.   The Reach of a skirt in Southern Africa: Claims to law and custom in protecting and patrolling relations of gender and sexuality, by Oliver Phillips, 134-157.
8.   Abortion as treason: Sexuality and Nationalism in France, by Mindy Jane Roseman,  158-170

PART III: CONTEMPORARY NATIONAL CONCERNS

9.  Wanja Muguongo in Conversation with Alice M. Miller: Interview, pp. 173-184
10.  Criminal law, activism, and sexual and reproductive justice: What we can learn from the sex selection campaign in India, by Geetanjali Misra and Vrinda Marwah, 185-198
11.  Poisoned Gifts: Old moralities under new clothes? by Esteban Restrepo Saldarriaga. 199-219
12.  The Filth they bring: Sex panics and racial others in Lebanon, by Rasha Moumneh, 220-232.
13.   Objects in political mirrors may not be what they appear, by Scott Long,  233-247
14.   Harm Production: An Argument for Decriminalization, by Joanna N. Erdman, 248-268.
Notes, List of Contributors, Index, and Acknowledgments.

Beyond Virtue and Vice:  Rethinking Human Rights and Criminal Law
ed.  Alice M. Miller and Mindy Jane Roseman,  Pennsylvania Studies in Human Rights (Philadelphia: University of Pennsylvania Press, 2019)  360 pages.
Book abstract.    Intro and excerpts from pp. 3-55 online.

Related resources:

Stigmatized Meanings of Criminal Abortion Law’ by Rebecca J. Cook, in: RJ Cook, JN Erdman and BM Dickens (eds), Abortion Law in Transnational Perspective: Cases and Controversies (University of Pennsylvania Press 2014).  Article abstract.  Table of Contents.

[U.K.]”The Decriminalisation of Abortion: An Argument for Modernisation,” by Sally Sheldon.  Oxford Journal of Legal Studies, Vol. 36, No. 2 (2016), pp. 334–365   Institutional Access
__________________
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.


Kenyan High Court upholds human and constitutional rights to maternal dignity and reproductive healthcare

March 15, 2019

Many thanks to Naitore Nyamu, an LL.M. student in the graduate program in Sexual and Reproductive Rights in Africa at the University of Pretoria’s Centre for Human Rights, for contributing a detailed abstract of this progressive Kenyan ruling for Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, online edition.

J O O (also known as J M) v Attorney General & 6 others [2018] Petition No 5 of 2014, (High Court of Kenya at Bungoma), March 22, 2018.  Case summary by Naitore Nyamu.   Court decision.

The case summary by Naitore Nyamu explains how, on 5 August, 2013, a low-income pregnant woman sought healthcare for delayed labour and suffered neglect, privations and expenses from an ill-funded county hospital, and humiliating personal abuse from its nurses.  She later filed a constitutional petition alleging various violations of her rights as stipulated in the Constitution of Kenya 2010 and she also made reference to rights recognized in international human rights treaties to which Kenya is a party.

The Court held that the Petitioner’s right to maternal health care had been infringed and that the abusive actions of the nurses and the Hospital denied, derogated and demeaned the Petitioner’s worth.  Hence, the Court found a violation of her right to dignity contrary to the provisions of Article 28 and a violation of her freedom and security, including the right not to be treated in a cruel, inhuman and degrading manner, contrary to Article 29 (j) of the Constitution of Kenya 2010. Additionally, the Court held that the national and county governments had failed to devote adequate resources to healthcare services and had not established effective measures to implement, monitor and provide minimum acceptable standards of health care. This is a violation of the Constitution and the international instruments that Kenya has ratified.

As Naitore Nyamu comments in her case summary, the Kenyan Constitution of 2010 has an expansive Bill of Rights, including the right to sexual and reproductive health, but women in Kenya cannot access maternal care in a dignified manner. One of the tenets of devolving the health services was to increase accessibility of better health care services to all citizenry. The treatment the Petitioner received at the Hospital leaves a lot of questions on whether the County Governments want to make the right to health and sexual and reproductive health rights a reality.  This case highlights how deep-rooted and systemic the violations of the rights to maternal health care are in Kenya. It also illustrates the many obstacles and humiliations that women seeking maternal health care can face in public health institutions.

This High Court judgment in J.O.O. reinforces the decision in Millicent Awuor Omuya alias Maimuna Awuor & Another v. The Attorney General & 4 Others (2015), (Petition No. 562 of 2012), where it was held that the National and County Governments do not require resources to accord respect to women seeking services in public institutions such as hospitals.  The Court’s reliance on provisions of international legal instruments ensured that the Court interpreted this issue from a wide spectrum of human rights provisions, hence this is a very progressive ruling that sets high standards. The Court found that the actions and omissions of the respondents were in violation of numerous rights as provided in the international treaties that Kenya has ratified. This signifies that it is not enough to just ratify conventions; states must equally ensure realization of the rights in these conventions. It was also an indication that Kenya cannot ratify conventions and fail to effect what these provisions stipulate.

For details, see Naitore Nyamu’s full case summary, online here, or  the High Court’s decision of March 22, 2018 online here.

An earlier Kenyan case of maternal abuse is abstracted in Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts:

Other decisions from this chapter are summarized in Legal Grounds III.

Maternal Health Care and Services  – thematic highlight by Tinyade Kachika

Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts (Pretoria: Pretoria University Law Press, 2017)   54 court decisions from 2008-2016   Online edition with updates.   Entire book, 228-pages 

Legal Grounds I and II  are online at the Center for Reproductive Rights.
__________________
Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here. TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.


REPROHEALTHLAW Updates – February 2019

February 19, 2019

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

DEVELOPMENTS:

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

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

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

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

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

SCHOLARSHIP:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

JOBS

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

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

______________
Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here. TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.

 

 

 

 


CALL FOR SUBMISSIONS: Misuse of Criminal Law, re sexuality, reproduction, drug use and HIV

January 17, 2019
The International Commission of Jurists, in collaboration with UNAIDS, OHCHR, WHO, and UNDP, is calling for written submissions from experts, lawmakers, NGOs and other stakeholders on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV.  

These submissions will feed into the development of a set of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV.
All submissions are due 
16 February 2019.  There is a limit of 5 pages per submission.
Please send submissions or inquiries to:  decrimconsultation@icj.org

Background

In 2016, the UN Secretary General called for the removal of punitive laws, policies and practices that violate human rights, stating that the misuse of criminal law often negatively impacts on health and human rights, particularly in areas of sexuality, reproduction, sex work, drug use and HIV.

Recognizing a need for greater guidance to achieve such law reform, ICJ is seeking inputs for the development of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on sexuality, reproduction, drug use and HIV.

This is an important opportunity for civil society, academics, law makers, human rights experts, community groups and persons affected by the relevant criminal laws, to provide input, including on the effect of such criminal laws, when and how criminal law should be used, what reforms are needed and what role criminal law should play in the relevant areas.

For more detailed background, see:

Full Document (76 pages) in English, French, Spanish and Russian:

CallforSubmission-DecriminalizationProject-ICJ-2019-eng (download the call in English)

CallforSubmission-DecriminalizationProject-ICJ-2019-fra (download the call in French)

CallforSubmission-DecriminalizationProject-ICJ-2019-esp (download the call in Spanish)

CallforSubmission-DecriminalizationProject-ICJ-2019-rus (download the call in Russian)
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