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


Africa: (De)Criminalizing Adolescent Sex: Rights and Age of Consent Laws

February 19, 2019

Congratulations to Godfrey Dalitso Kangaude, a doctoral candidate at the University of Pretoria, and Prof. Ann Skelton, Director of the Centre for Child Law at the same university, for publishing the following article in an open access journal.  We are pleased to circulate an expanded abstract below:

Godfrey Dalitso Kangaude and Ann Skelton, (De)Criminalizing Adolescent Sex: A Rights-Based Assessment of Age of Consent Laws in Eastern and Southern Africa,” SAGE Open (Oct-Dec 2018): 1 –12.   Article online.

Abstract:   Age of consent criminal laws imposed on African states during colonialism were inherently patriarchal and gender-stereotypic, and continue to influence country approaches toward adolescent consensual sexual conduct. There are two major policy positions: a punitive and a nonpunitive approach. Most countries adopt the punitive approach. Mostly, legislation does not explicitly criminalize consensual sexual conduct between adolescents, and this leaves a gray area to be filled in by social and cultural norms that perceive adolescent sexual conduct negatively. Punitive approaches have been justified as necessary to curb harms to adolescents resulting from sexual conduct, including teenage pregnancies and sexual abuse. Age of consent laws, especially in their original colonial formulation, deny adolescents–especially girls–sexual autonomy and agency. States focus more on punishment than on taking measures to address the structural antecedents of harms associated with sexual intercourse. States should reform age of consent laws to decriminalize consensual sex between adolescents in accordance with recognized rights of the child.

Drawing upon concepts from childhood sociological studies, the article examines historically and culturally constructed notions of childhood and adolescence and ideas about sexual agency of children. Using findings of a study, conducted by the Center for Child Law of the University of Pretoria, on age of consent laws in Eastern and Southern Countries, the article addresses questions about the rationale for age of consent laws, and whether and how these laws could be reformed to better align with the rights of the child. The article also examines these questions through the lens of court decisions in South Africa, Kenya and Zimbabwe that dealt with the issue of criminalisation of adolescent consensual sex. The article makes a case for decriminalisation because criminalisation infringes the sexual agency of adolescents and infringes on a host of rights including the right to dignity, equality and privacy. Criminalisation also impacts on other aspects of the well-being of the child and adolescent. including sexual health and protection from harms related to sexual conduct.

This 12-page article: is online here.

Cases mentioned:

Related resource:
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts
Pretoria: Pretoria University Law Press (PULP), 2017.  Online edition with decisions and updates.    Entire book, 228-pages.   Printed copies available.

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


REPROHEALTHLAW Updates – October 2018

October 31, 2018

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DEVELOPMENTS

Bulgaria:  Constitutional Court declares the Istanbul Convention against violence against women  unconstitutional.  July 27, 2018.  Oxford Human Rights Hub article.

Constitutional Court of Croatia.  Decision of March 2, 2017.  Rješenje Ustavnog Suda Republike Hrvatske, broj: U-I-60/1991 i dr. od 21.veljace 2017.  Decision online in Croatian. Backup copy.  Summary in English from CRR   Croatian Court’s Press release – 11 pages in English.

CALL FOR ABSTRACTS:

Fourth International Congress on Women’s Health and Unsafe abortion (IWAC 2019), February 19-22, 2019, Asia Hotel, Bangkok Thailand  Theme:  “We Trust Women: Universal Access to Safe Abortion.”  Submit abstracts by Nov 15, 2018  Call for Abstracts

SCHOLARSHIP:

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca Cook, Joanna Erdman and Bernard Dickens (Philadelphia: Univ. Pennsylvania Press, 2014) Now in Paperback.  20% discount code: PH70.  English abstracts.   Spanish edition – abstractsTable of Cases in English or Spanish.

[Africa]  “(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,  (peer-reviewed) Sage Open 2018 (Oct-Dec): 1-12.   Article online.

[Brazil – anencephaly – Supreme Court]   “The STF decision on abortion of anencephalic fetus: A Feminist Discourse Analysis” by Lucia Goncalves de Freitas, Alfa, Sao Paulo, 62.1 (2018): 11-33.   Article in English.

[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.    Download full text PDF now, because Free Access expires in 6 months.    Abstract online in English   For Portuguese abstract, click on :Supporting Information”.  

[Brazil – zika, microcephaly]  BOOK:  Zika: from the Brazilian backlands to a Global Threat (Zed Books, 2017)  in English  and  Portuguese .

[conscience]  “Balancing Freedom of Conscience and Equitable Access,” by Wendy Chavkin, Desiree Abu-Odeh, Catherine Clune-Taylor, Sara Dubow PhD, Michael Ferber and Ilan H. Meyer, American Journal of Public Health 108.11 (Nov 2018): 1487-88.  Article online.

[conscientious objection, 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) pp. 24-40.  Pre-publication version.     Book information

[conscientious objection – South Africa “Let’s call ‘conscientious objection’ by its name: Obstruction of access to care and abortion in South Africa,” by Satang Nabaneh, Marion Stevens & Lucía Berro Pizzarossa,  24 October 2018, Oxford Human Rights Hub.

[Forced sterilization] “Gendered Power Relations and Informed Consent: The I.V. v. Bolivia Case,” by Martín Hevia and Andrés Constantin, Health and Human Rights JournalEarly view of full text.

[Intersex] “Management of intersex newborns: Legal and ethical developments,” by Bernard M. Dickens, International Journal of Gynecology and Obstetrics  143.2 (Nov. 2018): 255–259.  PDF at Wiley online.   Submitted text at SSRN.

[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, UK: Manchester University Press, 2016).   Submitted Text online.   Book information

[Ireland and Britain] “Reproductive rebellions in Britain and the Republic of Ireland: contemporary and past abortion activism and alternative sites of care,” by Ben Kasstan and Sarah Crook, in Feminist Encounters: A Journal of Critical Studies in Culture and Politics, 2.2 (2018):  1-16.  Article online.

Annotated Bibliographies now available:  Right to Conscience
Fetal anomaly indication for abortion Rape or Incest abortion – English.  or Spanish)  Latin America:  Causal violación y/o incesto   (Toronto: International Reproductive and Sexual Health Law Program, 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
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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here. TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.

 

 

 

 


South Africa: Expulsion of pregnant students violated constitutional rights

September 29, 2017

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), an LL.D. candidate at the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for summarizing this decision with Y. Kakhobwe in Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, published by Pretoria University Law Press (PULP) in 2017.  228-pages online     Flyer with Table of Contents.     New online edition with links to decisions and analyses.

Head of Department, Department of Education, Free State Province v. Welkom High School & anotherHead of Department, Department of Education, Free State Province v. Harmony High School & another (CCT 103/12) [2013] ZACC 25, 2013 (9) BCLR 989(CC); 2014 (2) SA 228 (CC) (10 July 2013)   Constitutional Court of South Africa  Decision online.    Case summary by G. Kangaude and Y. Kakhobwe.

Two South African high schools had adopted policies that provided for automatic
exclusion of any student from school if it is found that she is pregnant. When in two separate instances the schools applied the policies to pregnant students, the Head of the provincial department of education intervened in the decisions of the school’s governing bodies and ordered them to ignore the pregnancy policy and reinstate the students. The respondents took the matter to the High Court which ruled that this official had no authority to tell the principals not to implement their adopted policy.  The
Supreme Court upheld the High Court’s decision.  The Constitutional Court of South Africa ruled that if school policies were unconstitutional, as these were, the Head of the provincial education department should have intervened, using the proper mechanisms provided by the Schools Act.
The Constitutional Court opined that these pregnancy policies prima facie violated constitutional principles, and violations should be addressed by the scheme of powers under the School Act.  The Court held that, first, the policies unjustifiably discriminated on the basis of pregnancy and sex.  Second, the policies limited the right to education by requiring that the student repeat an entire year.  Third, the policies prima facie violated students’ rights to human dignity, privacy, and bodily and psychological integrity by requiring them to report their own pregnancy or that of others.  Finally, the policies violated the best interests of the child because they failed to take into account the health and other needs of the pregnant student.
The Court did not make a declaration on the constitutional validity of the pregnancy policies since this issue was not placed properly before it, and also because the Court respected the scheme of powers in the School Act. However, the Court ordered the school governing boards to review their pregnancy policies.
The Court’s opinion follows several older African judgments such as Student Representative Council of Molepolole College of Education v. Attorney General [1995] (3) LRC 447), where the Botswana Court of Appeal held that a regulation that required a student to report pregnancy to the authorities, and would be obliged to leave the College or be expelled if this was a second occurrence, was unconstitutional as it was discriminatory on the basis of sex. Similarly, in Mfolo and Others v. Minister of Education,  [1992] (3) LRC 181,Bophuthatswana (South Africa, Supreme Court, Bophuthatswana and General Division), and in Lloyd Chaduka and Morgenster College v. Enita Mandizvidza, Judgment No. SC 114/2001; Civil Appeal No. 298/2000 (Zimbabwe, Supreme Court),   two African Supreme Courts held that regulations that required pregnant students to withdraw from college were unconstitutional.

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


REPROHEALTHLAW Updates – June 2017

June 29, 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

[Ireland]  Siobhàn Whelan v. Ireland, Comm. No. 2425/2014:  Ireland 12/06/2017, U.N. Doc. CCPR/C/119/D/2425/2014 (UN Human Rights Committee), 12 June 2017, [Woman forced to travel to the UK for an abortion after fatal fetal abnormality diagnosis.  Abortion laws are “cruel and inhumane.”]   English decision.   Newspaper report. Press release from Center for Reproductive Rights.

[Northern Ireland]  R (on the application of A and B) v Secretary of State for Health, decision of  [2017] UKSC 41, June 14, 2017 (Supreme Court, U.K.) [ruled that girl from Northern Ireland, aged 15, was not entitled to NHS-funded abortion in England] Decision onlineComments by Sheelagh McGuinness and Keith Syrett.  Newspaper report.

RESOURCES

[abortion law: gestational age]  “Theorizing Time in Abortion Law & Human Rights,” by Joanna N. Erdman, in: Health and Human Rights Journal 19.1 (June 2017): 29-40.  Theorizing Time text. Download PDFSpecial issue on “Abortion and Human Rights.”

Abortion Law in Transnational Perspective: Cases and Controversies” ed. Rebecca J. Cook, Joanna N. Erdman, and Bernard M. Dickens (University of Pennsylvania Press, 2014)  Penn Press (discount code: PH70).   Review by Francisca Pou Giménez.    Spanish edition: (FCE/CIDE, 2016)     Reseña por Diego Garcia Ricci.
Traduções para portugues:
Capítulo 2: “Aborto em Portugal: novas tendências no constitucionalismo europeu,” por Ruth Rubio-Marín, Revista Direito GV São Paulo 13.1(jan./abr. 2017): 356-379 DOI: 10.1590/2317-6172201714  Tradução para o português.
Capítulo 4: “O princípio da proporcionalidade no controle de constitucionalidade das leis sobre aborto, por Verónica Undurraga, Publicum 2.2 (2016)   Tradução para o português.

[abortion law, Spain]  “Gender in Constitutional Discourses on Abortion: Looking at Spain from a Comparative Perspective,” by Blanca Rodriguez-Ruiz, Social & Legal Studies 2016, Vol. 25(6) 699–715, DOI: 10.1177/0964663916668251. ” PDF for academic subscribers.    Submitted Version.  (from special issue on “Regulating Abortion: Dissensus and the Politics of Rights” by Siobhàn Mullally, (Introduction to special issue).

[conscientious objection, Latin America]  “Refusing Reproductive Health Services on Grounds of Conscience in Latin America:  Challenging policies and practises based on human rights standards,” by Diya Uberoi and Beatriz Galli in  SUR International Journal on Human Rights, 24 (Dec 2016)  [special issue on “Women: Movements, successes and obstacles” Overview.  English edition.    Spanish edition.    Portuguese edition.

—-See also:  Conscientious objection:  Articles and projects of the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto.  Download Conscientious objection resources.

[contraception, Uganda]  “Controlling Women’s Fertility in Uganda,” by Sylvia Tamale in SUR International Journal on Human Rights, 24 (Dec 2016)  [special issue on “Women: Movements, successes and obstacles”]  English edition.   Spanish editionPortuguese edition.

“Female Genital Cutting (Mutilation/ Circumcision): Ethical and Legal Dimensions,” by  R. J. Cook,  B.M. Dickens, and M.F. Fathalla (2002) 79 International Journal of Gynecology and Obstetrics : 281-287.  English abstract and article.
new Turkish translation: “Kadın Sünneti (Sakatlama/Sünnet): Etik ve Hukuki Boyutlar,” trans. Mustafa Erçakıca, in Beykent Üniversitesi Hukuk Fakültesi Dergisi 2.4 (Dec. 2016): 111-121.  Turkish download.

“Gender Stereotyping in the Military: Insights from Court Cases,” by Rebecca Cook and Cornelia Weiss, in Stereotypes and Human Rights Law, ed. Eva Brems and Alexandra Timmer (eds.), (Antwerp, Belgium: Intersentia, 2016) 175-198.  Submitted text.    PDF (online after June 2018)  About the book.

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 2017

May 26, 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

Argentina:  Juzgado Nacional en lo Criminal de Instrucción 16, Secretaría 111 de la Capital Federal, causa 28.580/2015, “M.N.N.”  (28 de Junio de 2016).  National Criminal Court held a woman and the doctors who prescribed her abortion medications, not guilty of any crime because the woman’s health was at risk. The woman was pregnant because her partner raped her.  English summarySpanish summary.   Download decision in Spanish.

Colombia:  Constitutional Court blocked sterilization of a disabled girl who was too young to consent.   English summarySpanish summary with link to decision.

India:   Indu Devi v the State of Bihar [2017] No(s.) 14327, decided May 9, 2017 (Supreme Court of India). Destitute HIV+ woman, pregnant from rape, refused abortion past legal limit of 20 weeks, but State held responsible for delay that prevented legal abortion.  Summary by H. Kofman forthcoming on this blog  Judgment onlineAbstract by law student H. Kofman

Uruguay:  Woman refused legal abortion after former partner intervenes.   Summary in EnglishSpanish summary with link to decision. Safe Abortion Campaign report.

CALLS

Gender Justice Uncovered Awards: Nominations for best and worst court decisions.  Many striking cases and decisions summarized, e.g., Argentina, Colombia and Uruguay decisions mentioned above.    Vote before May 31, 2017

Call for Submissions: “Gender Violence and International Human Rights Law” for the 2018 Human Rights Essay Award, organized by Academy on Human Rights and Humanitarian Law, Washington College of Law, American University, Washington DC.   Submission Information and form.

Open Call for Submissions, McGill Journal of Law and Health, peer-reviewed. Details and Editorial Guidelines.

EDUCATIONAL OPPORTUNITIES

Graduate study in Health Law now available at the Centre for Health Law, Policy and Ethics, University of Ottawa, currently accepting LLM and PhD applications on a rolling basis for the 2017-2018 academic year.    Brochure online.

RESOURCES

“Abortion by telemedicine: an equitable option for Irish women,” by Wendy V. Norman and Bernard M. Dickens,  BMJ May 16, 2017; 357 Article online.

[abortion, Canada] “A Constitutional Future for Abortion Rights in Canada,” by Joanna Erdman, Alberta Law Review 54.3(2017):727-752   Article online.

[abortion, Europe]  “Legal and Political Discourses on Women’s Right to Abortion,” by Christina Zampas,  chapter 1 in:  A Fragmented Landscape: Abortion Governance and Protest Logics in Europe, ed.  Silvia De Zordo, Joanna Mishtal, and Lorena Anton   (New York: Berghahn, 2016)  Details from Publisher

[abortion law] “Regulating Abortion: Dissensus and the Politics of Rights” by Siobhan Mullally, introduction to special issue of Social & Legal Studies: An International Journal, 2016, Vol.25(6) . Introduction online.

[abortion law]  “Book Review: Francisca Pou Giménez on Rebecca J. Cook, Joanna Erdman and Bernard M. Dickens’s Abortion Law in Transnational Perspective: Cases and Controversies”, on I-CONnect, Blog of the International Journal of Constitutional Law and Constitution Making, May 17, 2017  Book review online.   (Penn Press discount code: PH70).    Spanish edition, FCE/CIDE, 2016

[abortion law pedagogy] “The Social Life of Abortion Law: On Personal and Political Pedagogy,” by Nicky Priaulx, Medical Law Review 25.1(2017):73-98.  Download abstract and PDF.

[abortion travel]  “The Law of Stigma, Travel, and the Abortion-Free Island,” Columbia Journal of Gender & Law 33.1(2016): 29-37.  PDF online.

[conscience]  “Physicians, Not Conscripts — Conscientious Objection in Health Care,” by Ronit Y. Stahl and Ezekiel J. Emanuel, New England J Medicine 376 (April 6, 2017):  1380-85.  Full text for institutional subscribers

[Ireland]  The Citizens’ Assembly – Draft Bill [recommendations for Irish abortion law reform] by Lawyers for Choice, Human Rights in Ireland, April 25, 2017  Draft Bill online.

[Nigeria]  “Accountability for Maternal Healthcare Services in Nigeria,” by Onyema Afulukwe, International Journal of Gynecology and Obstetrics 137.2(May 2017) 220-226.  Abstract.  PDF temporarily online for 12 months   Submitted text (typescript) online.

Northern/Irish Feminist Judgments: Judges’ Troubles and the Gendered Politics of Identity, edited by Máiréad Enright, Julie McCandless and Aoife O’Donoghue (Oxford: Hart, 2017)   re-imagines, re-writes and comments on 26 court decisions from feminist perspectives.  Our commentsTable of Contents and details

[South Africa]  Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests, by Camilla Pickles (South Africa: Juta, 2017), (based on thesis from University of Pretoria,  Thesis abstract   Book details from publisher

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

REPORTS

“The Law, Trials and Imprisonment  for Abortion in [individual countries].”  International Campaign for Safe Abortion.  MexicoArgentina,  Kenya .

JOBS

Associate Professor/Professor and Assistant Director, Center for Human Rights, Faculty of Law, University of Pretoria.  Position details.

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

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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here. 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 — March 2017

March 29, 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:
Caso I.V. v. Bolivia,   Sentencia de 30  Noviembre de 2016 (Excepciones Preliminares, Fondo, Reparaciones y Costas) Corte InterAmericana de Derechos Humanos [Inter-American Court of Human Rights]Decision 2016 in SpanishCase summary by Christina Zampas.  Amicus Curiae brief by Ciara O’Connell, Diana Guarnizo-Peralta and Cesar Rodriguez-Garavito in English.   Report on the Merits (2014) in English

Kenya Legal and Ethical Network on HIV & AIDS (KELIN) & 3 others v Cabinet Secretary Ministry of Health & 4 others [2016] Petition 250 of 2015 (High Court of Kenya Constitutional and Human Rights Division).  [Official collection of Kenyans’ HIV data halted, as “unconstitutional”]  Decision onlineComment from Jurist Blog.

[Kenya] Martin C.   v. Republic, Criminal Appeal No. 32 of 2015, April 26, 2016 (High Court of Kenya, at Malindi).  [sexual relationship between adult man of 23 and girl of 14 is not “defilement” because she sought it.  Prisoner released.]  Decision online.

[South Africa] Dwenga and Others v Surgeon-General of the South African Military Health Services and Others [2014] ZAGPPHC 727, Case No. 40844/2013, the High Court at North Gauteng. [against discrimination toward HIV+ employees in the military.]  Summary for Legal Grounds III.    Decision online.

[South Africa] Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. [2011], Case No. JS178/09, a Labour Court of South Africa.  [wrongful dismissal of HIV-positive employee].  Summary for Legal Grounds III.   Decision online.

CALLS:

Calls for Papers, Special Issue on “Gender and the Rise of the Global Right,” in Signs: Journal of Women in Culture and Society. Submit by September 15, 2017,  Detailed call for papers.

Callls for Applications, “Health Rights Litigation Intensive” June 26-30, 2017, one-week summer course at the O’Neill Institute for National and Global Health Law, at Georgetown University Law Center, Washington DC, USA.  Apply by April 10, 2017.  HR Litigation course info.

Gender Justice Uncovered awards 2017, is collecting the best and worst court decisions from 2016.  Nominate your best or worst case here in English.  Nomina tu caso ya  en Espanol.

RESOURCES

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, Pennsylvania Studies in Human Rights Series, University of Pennsylvania Press, 2014. 
New 20% discount code: PH70.  Now in paperback (March 2017), 
Table of Contents.    Introduction online at SSRN.  Table of Cases online (Spanish and English, with links to court decisions.   ¡Ahora en español! El aborto en el derecho transnacional (CIDE/FCE, 2016)  folleto con sumario 

Brazilian Supreme Court abortion ruling – I-CONnect blog symposium of scholarly comments from five perspectives:  Rebecca J. Cook and Bernard M. Dickens, Chao-ju Chen; Grégor Puppinck; Debora Diniz and Christine Ricardo; and Rachel Rebouché. 5 perspectives on Brazilian abortion ruling.

Brazilian dossier on “Gênero, Raça e Pobreza: a abordagem de múltiplas identidades pelo Direito” [Gender, Race and Poverty: The Multiple Identities Approach to Law] Revista FGV Direito 22(2015), ed. Marta Machado, online here.  includes articles in Portuguese or English with abstracts in both languages, about: domestic violence laws, CEDAW, maternity in prison, and research in prisons (by D. Diniz), and abortion, i.e.:
—[South Africa, abortion] “Claiming and Defending Abortion Rights in South Africa” / Reivindicando e defendendo o direito ao aborto na África do Sul” by Cathi Albertyn, Revista FGV Direito 22 (2015): 429-454   English article with Portuguese abstract.

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

______________
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.