REPROHEALTHLAW Updates — Oct 2017

October 31, 2017

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DEVELOPMENTS

[Brazil, religious education] STF Conclui Julgamento Sobre Ensino Religioso nas Escolas Públicas ADI No. 4439, September 27, 2017.    The Brazilian Federal Supreme Court dismissed, by a 6 to 5 majority, a Direct Action of Unconstitutionality in which the Public Prosecutor’s Office questioned the model of religious education in the country’s public school system.  In Portuguese: Initial questionConclusion of Decision
English: Comment on I-CONnect Blog.

[Europe: Italy, conscientious objectors] Confederazione Generale Italiana del Lavoro (CGIL) v. Italy (2016), Complaint No. 91/2013 (European Committee on Social Rights, Strasbourg, France)  Decision in English. 
-which builds upon this 2014 decision:  International Planned Parenthood European Network v. Italy (2014), Complaint No. 87/2012, 10 March 2014 (European Committee on Social Rights, Strasbourg, France) Decision in EnglishBoth decisions summarized by Tania Pagotto.

[Kenya] – Court of Appeal acquitted Jackson Tali, a registered nurse sentenced to death on murder charges re pregnancy complications.   October 19, 2017.   Press release by the Center for Reproductive Rights  Overturns:  Republic v Jackson Namunya Tali [2014] eKLR, High Court Criminal Case No. 75 of 2009 (High Court of Kenya at Nairobi).  Overturned decision.  Overturned decision summarized in Legal Grounds III by Godfrey Kangaude and Annagrace Rwehumbiza.

[Spain, conscientious objectors] Zurich Insurance PLC, Sucursal en España v. Doña Encarnacion y don César y Servicio Galego de Saude, Sentencia 00392/2017, Apelación 43/17 (High Court of Galicia at Coruña, Spain)   Decision in SpanishEnglish summary by lawyer F. F. Guillen.

[West Africa: Nigerian police abuse women] Suit no ECW/CCJ/APP/17/14. October 13, 2017, Community Court of Justice, Economic Community of West African States (ECOWAS) awarded 18 million naira as compensation to an actress Dorothy Chioma Njemanze and two other women for the violation of their human rights to dignity following the physical, sexual and psychological violence inflicted on them by agents of the Nigerian State.  Press release from ECOWAS Court.    Newspaper report.

EDUCATIONAL OPPORTUNITY:
Africa – Doctoral Scholarships:   LL.D/D.Phil in Sexual and Reproductive Rights in Africa:
The Centre for Human Rights, University of Pretoria, calls for applications for full-time doctoral scholarships in the field of sexual and/or reproductive rights and their intersection with culture or criminalisation in the African region.  Apply by 15 Nov 2017 Scholarship details

SCHOLARSHIP:
Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014), now also in Spanish (see next entry) and in paperback, 20% discount code PH70.  English edition from U Penn PressTable of Contents with chapter summaries. 
Abortion Decisions Online, based on the book’s Table of Cases

El aborto en el derecho transnacional: casos y controversias,  ed. Rebecca J. Cook, Joanna N. Erdman y Bernard M. Dickens (Mexico: FCE/CIDE, 2016)   En espanol, 2016: Fondo de Cultura Económica Libreria CIDE.     Índice con resúmenes de capítulos 1-11
Tabla de Casos/Jurisprudencia sobre aborto en línea con enlaces a muchas de las decisiones judiciales

[abortion] “How Laws Fail the Promise of Medical Abortion: A Global Look,” by Patty Skuster, Georgetown Journal of Gender and the Law  18.379, 2017. Abstract and Article.

[abortion] “The Politics of Global Abortion Rights,”  by Joanna N. Erdman,  Brown Journal of World Affairs 22.2 (2016): 39-57.   Article online

[abortion, Central and Eastern Europe]  “Mandatory Waiting Periods and Biased Abortion Counseling in Central and Eastern Europe,” by Leah Hoctor and Adriana Lamačková, International Journal of Gynecology and Obstetrics, 139 (Nov. 2017): 253–258.    PDF at Wiley Online Library.    Submitted text online at SSRN.

“Abortion Travel and the Limits of Choice,” by Lisa Kelly, 12 FIU L. Rev. 27 (2016).
Article online.

[Africa] “Conscientious Objection to Abortion and Accommodating Women’s Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective,” by Charles G. Ngwena, Journal of African Law, 58 (2014): 183-209  Article now online.

[Africa]  Legal Grounds III, Reproductive and Sexual Rights in Sub-Saharan African Courts (2017)   Entire book, 228-pages, online here.
Print copies available for courses, conferences or organizations.

Legal Grounds III Online now includes searchable links to entire book, individual case summaries and decisions, plus more recent cases.

[Zika, Brasil and Human Rights Obligations]: now in Spanish, Portuguese and English:
—“Infección por el virus de Zika en Brasil y obligaciones relacionadas con los derechos humanos,” por Debora Diniz, Sinara Gumieri, Beatriz Galli Bevilacqua, Rebecca J. Cook, y Bernard M. Dickens, Boletin FLASOG 5.2( June 2017): 6-12.
En espanol Boletin FLASOG, pp 6-12
Em português do Brasil, forthcoming in Revista Uni Brasilia Direito.
—“Zika Infection in Brazil and Human Rights Obligations,” by Debora Diniz, Sinara Gumieri, Beatriz Galli Bevilacqua, Rebecca J. Cook and Bernard M. Dickens, International Journal of Gynecology and Obstetrics 136.1 (Jan. 2017) 105-110.
PDF online.   Submitted text in English at SSRN.

NEWS

International news and resources for advocacy:  International Campaign for Women’s Right to Safe Abortion.

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

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

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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.


Spain: Health Service held accountable for objectors’ abortion delays and loss of uterus

October 31, 2017

Many thanks to Francisca Fernández Guillén, a feminist lawyer who specialises in sexual and reproductive health. She collaborated as an expert with the Women’s Health Observatory (part of the Spain’s Ministry of Health) on the development of the “Strategy for Assistance at Normal Childbirth in the National Health System”. She also gives training and talks for professionals on health legislation and bioethics and contributes articles and opinion pieces to journals and specialist presses, some of which can be read here.    We thank her for commenting on this enlightening case and decision:

Zurich Insurance PLC, Sucursal en España v. Doña Encarnacion y don César y Servicio Galego de Saude, Sentencia 00392/2017, Apelación 43/17 (High Court of Galicia at Coruña, Spain)  Decision online in Spanish

The Health Service of the autonomous region of Galicia in Spain was recently found guilty of intentionally concealing from a pregnant mother, the fact that her child was suffering from severe life-limiting anomalies that included “cri du chat” syndrome, a severe mental disability. The Health Service also obliged her to travel 600 km to receive an abortion in a private clinic that was insufficiently prepared to deal with her clinical condition. As a consequence, her child was born alive after seven months in the womb and died shortly afterwards, while the woman, only 32 years old, lost her uterus.

During the High Court proceedings, it emerged that her doctors had deliberately delayed the protocoled prenatal diagnostic testing. Once she had a proper diagnosis, following a consultation with a private geneticist, the gynaecologist in the regional health service then delayed authorization for an abortion, maintaining that it was necessary to carry out further diagnostic tests.  However, the expert witness called by the woman’s defence team made it clear that the tests on which the gynaecologist had insisted were primarily of interest to establishing cause of death and implications for future pregnancies, and were by no means urgent, especially in a case of advanced gestation that required immediate termination.

The High Court’s ruling made it clear that what had occurred was a “severe failure of the health system.” The president of the regional government, Albert Nuñez Feijoo, resolved not to appeal the initial decision of the county court and apologized for what had happened, attributing blame to the fact that a very high proportion of doctors in the region are “conscientious objectors” to medical abortions.  Nevertheless, the Health Service’s insurance company, hoping to reduce their compensation to the victim, appealed to the High Court of Galicia, which subsequently ratified the county court’s sentence, along with particularly harsh criticism of the Health Service’s actions.

During the court proceedings, it was put forth that the birth of child with such a severe illness is an insurmountable burden for the mother, her family and society.  As a lawyer, I am concerned that this woman’s experience is not an isolated case.  During the proceedings, I learned of a number of women who have had similar experiences with the Health Service.

In one instance, a woman gave birth to a boy who suffers from severe disability and cardiopathy, including Golenhar syndrome and Tetralogy of Fallot. His mother, abandoned by the boy’s father during the pregnancy, is an immigrant from South America who works as a domestic assistant and has insufficient economic or social resources to bring up a child with such severe disabilities. Unfortunately, she doesn’t wish to take the case to court for fear of repercussions, since her child must receive care from the same hospital for the duration of his life.

Despite reporting this and other known cases to the appropriate authorities in the health service, I have never received any response and, to this day, no effective measures have been put in place to ensure that religious ideology and a lack of ethical commitment, inappropriately called “conscientious objection”, don’t put the lives and health of women in danger.

Decision:
Zurich Insurance PLC, Sucursal en España v. Doña Encarnacion y don César y Servicio Galego de Saude, Sentencia 00392/2017, Apelación 43/17 (High Court of Galicia at Coruña, Spain)  Decision in Spanish 

News reports:
El Pais (English):  “The doctors’ right to object nearly cost me my life” Health system ordered to compensate woman who lost uterus after hospital refused to carry out abortion

(Spanish)  Eldiario.es The Galician government found guilty and must pay 270.000 € to women who lost her uterus  See also: The President of the autonomous region of Galicia apologizes
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The REPROHEALTHLAW BLOG is managed by 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.

 

 


Spain: “Gender in Constitutional Discourses on Abortion,” by Blanca Rodríguez-Ruiz

June 29, 2017

Congratulations and thanks to Professor Blanca Rodríguez-Ruiz,  who teaches constitutional law at the University of Seville in Spain, for her useful article, recently published in the international journal, Social & Legal Studies:

Blanca Rodríguez-Ruiz, “Gender in Constitutional Discourses on Abortion: Looking at Spain from a Comparative Perspective,” Social & Legal Studies 25.6 (Dec. 2016): 699-715.
PDF     Download text      Author publications – English and Spanish

Abstract:   In as far as the regulation of abortion deals with issues like how and to what extent can women’s capacity to gestate and give birth be controlled, and by whom, any discourse on abortion necessarily reflects a construction of women’s citizenship, hence of gender.  The question is, which is the ruling construction? Behind non-legal discourses that focus on human life and public power’s duty to protect it, there lies the modern construction of gender that articulates women’s passive citizenship within the state.  This is also true of confrontational discourses that construct women and the foetus as potential adversaries. Both discourses are traditional in continental Europe.  Yet, they are being superseded by an understanding of abortion from the perspective of women’s active citizenship. Spanish Organic Act 2/2010 stands as part of this trend.  Not surprisingly, governmental attempts to reinstate women’s passive citizenship in this matter have met stark resistance.   PDF.     Download text.

Source:  “Regulating Abortion: Dissensus and the Politics of Rights,” ed. Siobhan Mullally,  symposium issue of Social & Legal Studies: An International Journal 25.6 (Dec 2016)       Introduction, pp. 645-650.

See also:
Catherine O’Rourke, “Advocating Abortion Rights in Northern Ireland: Local and Global Tensions,” Social and Legal Studies 25(6): 716-740.  PDF and abstract       Submitted text

Claire Murray, “The Protection of Life During Pregnancy Act 2013: Suicide, Dignity and the Irish Discourse on Abortion“, published in Social and Legal Studies 2016,  25(6): 667-698     PDF and abstract     Accepted text.
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The REPROHEALTHLAW Blog is compiled by the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, Canada,  reprohealth*law at utoronto.ca.   For Program publications and resources, see our website, online here.
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REPROHEALTHLAW Updates – December 2016

December 20, 2016

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DEVELOPMENTS

African LGBT advocacy rulings, 2014-2016   Overview by Godfrey Kangaude
—-[Botswana] Attorney General of Botswana v. Thuto Rammoge & 19 Others  [2016] CACGB-128-14 (Botswana, Court of Appeal at Gaborone).  [Appeal against LGBT organization registration dismissed]   Decision onlineCase summary for Legal Grounds III.
—-[Kenya] Eric Gitari v. Non-Governmental Organizations Co-Ordination Board & 4 Others, [2015] eKLR, Petition No. 440 of 2013  (Kenya, High Court at Nairobi).  [LGBT organizations can be registered.]  Decision online.   Case summary and analysis for Legal Grounds III.
—-[Kenya] Republic v. Non-Governmental Organizations Co-ordination Board & another ex-parte Transgender Education and Advocacy & 3 Others [2014] eKLR, JR Miscellaneous Application No. 308a of 2013 (Kenya, High Court). [Transgender organization can be registered].   Decision onlineCase summary and analysis for Legal Grounds III.
—-[Zambia] People v. Paul Kasonkomona [2015] HPA/53/2014  (Zambia, High Court).[Freedom of expression: HIV/LGBT activist acquitted for remarks made on television.]   Decisions and documents onlineCase summary and analysis for Legal Grounds III.

[Belize – homosexuality]:  Caleb Orozco v Attorney General of Belize et al., Claim No. 668 of 2010 (Supreme Court of Belize)  August 10, 2016. [First-ever successful court challenge to a Caribbean anti-sodomy law.]   38-page Judgment online.   News reportGovernment won’t appeal ruling.   Press release by Caleb Orozco of UNIBAM.

[Brazil – abortion]  Habeas Corpus n. 124.306judged by 1st Panel of the Brazilian Supreme Federal Court on November 29, 2016.  Summary in English by Marta Machado.   Sexuality Policy Watch comment.  English news report.  Summary in Portuguese.     Leading vote by Judge Luis Roberto Barroso in PortugueseComment in Portuguese by Debora Diniz

[Brazil – zika]  Direct Action of Unconstitutionality  n. 5581 (Supreme Court of Brazil).  Zika abortion decision  delayed until early 2017.  Summary of the claim in Portuguese.

[Chile – obstetric violence against prisoner]  Lorenza Cayuhán Llebul s/amparo, Rol 92.795-2010 (Supreme Court of Chile). December 1, 2016.    Decision online in Spanish.     English summary by Carlos Herrera.

[Kenya – homosexuality] C.O.L. & G.M.N. v. Resident Magistrate Kwale Court & Others, Petition No. 51 of 2015 (Kenya, High Court –Constitutional and Judicial Review Division).  [Court allowed medical examinations including anal examinations to prove crime of homosexuality].  Decision online.     Case summary and analysis for Legal Grounds III.

[South Africa: surrogacy]  AB and Another v Minister of Social Development (CCT155/15) [2016] ZACC 43 (29 November 2016)  Constitutional Court of South Africa.  [At least one parent must donate sperm or eggs for a surrogacy agreement to be legal in South Africa]  Decision online.    News Report

SCHOLARSHIP

[abortion, health rights] “Adjudicating Health-Related Rights: Proposed Considerations for the United Nations Committee on Economic, Social and Cultural Rights, and Other Supra-National Tribunals,” by Alicia Ely Yamin and Angela Duger, Chicago Journal of International Law 17.1 (Summer 2016): 80-120.  Abstract and Article.

[Brazil] – [Zika: from Brazilian backlands to global threat] Zika: Do Sertão nordestino à ameaça global  by  Debora Diniz  (Rio de Janeiro:  Civilização Brasileira, 2016).  Forthcoming in English from Zed Books in September 2017, this book analyses scientific discoveries regarding Zika in Brazil as well as the impact of the epidemic on poor black and brown women’s lives.  Portuguese: Book or e-bookSinopseA história contada.
—Related resources in English:”The Zika Virus and Brazilian Women’s Right to Choose,” op/ed by Debora Diniz, February 8, 2016.  New York Times editorial.  “Zika”  30 minute April 2016 documentary with English subtitles;  “Zika: More than a health issue (Dec 1, 2016)   53-minute  TV interview with English subtitles.  “Zika emergency pushes women to challenge Brazilian abortion law”  Guardian news report.

[Brazil – abortion law] “Social Movements and Constitutional Politics in Latin America: Reconfiguring Alliances, Framings and Legal Opportunities in the Judicialization of Abortion Rights in Brazil” by Alba Ruibal. Contemporary Social Science 10:4 (October 18, 2016): 375-385. Abstract and article.   Other articles on strategic litigation in Latin America.

[Canada – mifepristone]  “Requiring physicians to dispense mifepristone:  an unnecessary limit on safety and access to medical abortion,” by Wendy V. Norman and Judith A. Soon, forthcoming in Canadian Medical Association Journal, Early release October 18, 2016 to institutional subscribers.   Summarized in “Abortion pill dispensing by doctors and not pharmacists could hinder access … [and] entrench inequity” CBC News report.

[obstetric violence] International Human Rights and the Mistreatment of Women during Childbirth, by Rajat Khosla, Christina Zampas, Joshua P. Vogel, Meghan A. Bohren, Mindy Roseman, and Joanna N. Erdman.  Health and Human Rights Journal (in press)  Abstract and Full Text.

[reproductive rights] ” ‘Woman’ in the European Human Rights System:  How is the reproductive rights jurisprudence of the European Court of Human Rights constructing narratives of women’s citizenship?” by  Liiri Oja and Alicia Ely Yamin in Columbia Journal of Gender and Law 32.1 (2016): 62-95.   Abstract and Article.

[Uruguay] “Reform of abortion law in Uruguay: context, process and lessons learned,” by Susan Wood, Lilián Abracinskas, Sonia Corrêa, and Mario Pecheny, Reproductive Health Matters, online since December 8, 2016. Abstract and Article.

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

NEWS

[Mexico] Excerpts from the Symbolic Tribunal on Maternal Mortality and Obstetric Violence, (published by GIRE, Oct 28, 2016).   5-minute film.

[Spain – conscientious objection]  Galician health system ordered to compensate woman – Forced travel to Madrid for late-term abortion of doomed fetus cost woman her uterus, nearly her life.  News report in EnglishNoticias en español.

[Uruguay Model] “From Uruguay, a model for making abortion safer” [misoprostol – harm reduction instruction method spreading to restrictive jurisdictions, e.g. Uganda and Tanzania.   New York Times editorial.   Relevant 2011 article: Access to Information on Safe abortion, by Joanna Erdman.

JOBS

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 – Nov. 2016

November 24, 2016

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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


REPROHEALTHLAW Updates: Decisions, Calls, Events and Scholarship

October 15, 2015

REPROHEALTHLAW-L
October 15 2015

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COURT DECISIONS

SPAIN  [Case of Tania and Veronica, Social Court 18, Madrid, October 2015]  Court rules that same-sex couple were unjustly denied artificial insemination.  Damages awarded from hospital  for denying treatment and the Local Health Authority for discrimination.  Judgment sets a precedent affirming that the hospital and the Local Authority should have applied the higher standing regulation as opposed to a lesser standing administrative decision from Spanish Ministry of Health which excludes assisted reproductive treatments in the public health system for all women without a male partner.  English press release from Women’s Link Worldwide   Details from Women’s Link Worldwide.   Spanish news report.

KENYA:    Lucy Nyambura & Another v Town Clerk, Municipal Council of Mombasa & 2 Others [2011] eKLR, Petition No. 286 of 2009 (High Court of Kenya).  Decision online.  Case summary/analysis by Godfrey Kangaude and Winnet Shamuyarira.  [Conviction for loitering for purposes of prostitution held constitutional.]

Republic v Jackson Namunya Tali [2014] eKLR, High Court Criminal Case No. 75 of 2009 (High Court of Kenya at Nairobi). Decision online.   Case summary/ analysis by Godfrey Kangaude and Annagrace Rwehumbiza.   [Kenyan High Court convicts nurse of murder over abortion related death. ]

NAMIBIA:    LM and Others v. Government of the Republic of Namibia, [2012] NAHC 211 (High Court of Namibia) Decision online.  Brief abstract by Andy Sprung.   New: Case summary/analysis by Godfrey Kangaude and Phillipa Tucker.    [Court found forced sterilization of women without informed consent; unproven link to HIV-positive status]

Government of the Republic of Namibia v L.M. & 2 Others [2014] NASC 19 (Supreme Court of Namibia). Decision onlineCase summary/analysis by Godfrey Kangaude and Philippa Tucker.  [Supreme Court links forced sterilisation to infringement of constitutional rights]

ZIMBABWE:   Mildred Mapingure v Minister Of Home Affairs and 2 Others [2014], Judgment No. SC 22/14, Civil Appeal No. SC 406/12 (Supreme Court of Zimbabwe). Decision online. Brief abstract by Michelle Hayman.   New:  Case summary/analysis by Godfrey Kangaude and Rudo Chigudu.   [State held liable for hindering access to emergency contraception, but not abortion]

The five case analyses mentioned above have been prepared for a new book,  Legal Grounds III:  Reproductive and Sexual Rights in Sub-Saharan African Courts, forthcoming 2016.  Decisions,  case summaries and previous volumes.    How you can help.


CALL FOR SUBMISSIONS

[HIV stigma in health care] UNAIDS seeks input from individuals and organizations who use tools to assess and/or address HIV-related stigma and discrimination in health care settings.    Inquiries? Contact: Program on Global Health and Human Rights, University of Southern California {uschealthhumanrights [at} gmail {dot] com.   Respond to online questionnaire by October 23, 2015 in  English    Spanish   Russian  Arabic.

EVENTS:

“What’s the Harm?: Understanding Reproductive Injustice” full day symposium at New York University School of Law on Friday, October 30, 2015 at 9:00am.  Symposium details;  Registration required.

El IV Congreso Latinoamericano Jurídico sobre Derechos Reproductivos Lima, Peru, November 2-4, 2015   Latin American Legal Congress.

SCHOLARSHIP AND RESOURCES:

Abortion is still illegal in the UK, thanks to this Victorian law ” by Sally Sheldon, The Conversation, Oct 6, 2015.  Article online.

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 ContentsPurchase from U Penn Press. A Spanish edition was published in August, 2016.  Ahora disponible en español.

“Conscientious Objection, Harm Reduction and Abortion Care,” by Ruth Fletcher , in Mary Donnelly and Claire Murray eds., Ethical, Legal and Policy Debates in Irish Healthcare: Confronting Complexities (Manchester University Press, 2015,  Abstract and chapter online.  Book forthcoming 2015

“Human-rights-based approaches to health in Latin America,” by Alicia Ely Yamin, Ariel Frisancho,  The Lancet, 385(9975), e26-e29, 4 April 2015   Abstract and article online.

Rwanda:  When Abortion is a Crime  (Ipas, Sept 2015) [research study based on case summaries and interviews with prisoners  28-page report

United Nations: Draft General Comment 36 on Article 6: Right to Life  now available for consideration by UN Human Rights Committee. CCPR/C/GC/R.36/Rev.2  Draft online.

Worldwide Abortion Policies, updated Oct 5, 2015.  Pew Research Center report.   “How abortion is regulated around the world”.

NEWS:

[Brazil – abortion]  “Sexual Politics in Brazil:  wider frontline to cope with.” by  Sonia Corrêa and Fábio Grotz *  Article online  [re current  bill to legalize abortion]

Rwanda:  “Government Moves to Ease Process of Seeking Legal Abortion”  by Rodrigue Rwirahira And Michel Nkurunziza.  Article online.

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, Resources, Calls and Jobs

July 30, 2015

REPROHEALTHLAW-L  July 30, 2015

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DEVELOPMENTS

Nigeria:  Violence Against Persons (Prohibition) Act, signed 25 May 2015, provides “comprehensive” medical assistance to victims of violence, including rape or incest.  Expands definitions of violence, including rape.   Legislation online.    Synopsis by Women’s Aid Collective (WACOL), Nigeria.

South Africa, Constitutional Court:  Expulsion of pregnant females from school violates their rights.    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)  Decision online.    Case summary by G. Kangaude and Y. Kakhobwe.

Spain [conscience] Constitutional Court allows pharmacists’ conscientious objection to providing emergency contraception, June 25, 2015. Decision onlineSynopsis by European Dignity Watch

Sweden [conscience]:  European Committee of Social Rights: The European Social Charter does not entitle health professionals in Sweden to invoke personal or moral objections as an excuse to deny women reproductive health services.  Press release from CRR and RFSU

See also:  Gender Justice Observatory at  Women’s Link Worldwide:  Award Winning Cases, 2015

CALL FOR SUBMISSIONS:

UN-OHRCR Working Group on Good Practices in the elimination of discrimination against women with regard to the Right of Health and Safety -Submissions are requested from interested individuals or organizations by August 15, 2015.   Questionnaire in English, French or Spanish also available for input  Call for Submissions.

RESOURCES

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 online through SSRN. Book reviewers should contact Gigi Lamm (glamm {a} pobox. upenn. edu). Includes 16 chapters, Table of Legislation, Table of Cases.   Now online:  Table of Cases (with links to decisions), Table of Contents, linked to some chapter abstracts English overview from U Penn Press. A Spanish ediion was published in August 2016:  Ahora disponible en español.  A Portuguese edition of Chapter 4 is online here: Também em português do Brasil – en linea.

[abortion – Africa] Human Rights and African Abortion Laws:  A Handbook for Judges,  by Prof. Charles Ngwena.  (Nairobi: Ipas Africa Alliance, 2014), 85-page publicationTable of Contents.

[abortion and homosexuality]] Colonizing African Values: How the U.S. Christian Right is Transforming Sexual Politics in Africa, by Kapya John Kaoma (Political Research Associates, 2012)  68-page publication.

[abortion – Britain] Abortion Law Reform in Britain: 1964-2003: A Personal Account, by David Paintin (bpas, 2015).  116-page publication.

[abortion – Ireland]  “Procedural Abortion Rights: Ireland and the European Court of Human Rights,” by Joanna N. Erdman,  Reproductive Health Matters 2014; 22(44): 22-30.  Abstract and Article now online.

[abortion – World Health Organization] WHO’s new guideline, Health worker roles in providing safe abortion care and post-abortion contraception, aims to help break down one critical barrier which limits access to safe abortion care – the lack of trained providers.  81-page guidelineOverview.

“Bioethics, Human Rights and Childbirth,” by Joanna Erdman,  Health and Human Rights Journal 17.1 (June 2015): E43-51.   Abstract online.   Article online. (part of Health and Human Rights Journal’s special issue on Bioethics and the Right to Health. Special issue 17.1 ).

[conscience]  “Conscientious Objection in Medicine: Private Ideological Convictions must not Supercede Public Service Obligations”
Udo Schuklenk, Editorial, Bioethics 29.5 (June 2015), pp. ii-iii.

[Right to Life] UN HRC discussion July 14, 2015 in Preparation for a General Comment on Article 6—Right to Life
Submissions:
—-Joint Statement presented by the Center for Reproductive Rights on behalf of many human rights organizations.  3-page joint statement
—-Catholics for Choice
—- Harvard Law School
—- International Campaign for Women’s Right to Safe Abortion 
—-“Human rights begin at birth: international law and the claim of fetal rights.” by Rhonda Copelon, Christina Zampas, Elizabeth Brusie, and Jacqueline deVore, in Reproductive Health Matters 13.26 (2005): 120-29.  Abstract and Article.
—–Upholding pregnant women’s right to life, by Rebecca J. Cook and Bernard M. Dickens, International Journal of Gynecology and Obstetrics 117 (2012) 90-94. Abstract and Article.
—–Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014).

“Sudan’s Revised Penal Code: A Mixed Picture for Women”  by  Women Living Under Muslim Laws.   [Legal conflation of rape with crime of zina (sex outside marriage) leads to criminal prosecution, stigma, lashings or death for rape victims, including pregnant women.]  5-page analysis.

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

NEWS:

[Canada: mifepristone, RU 486] :  Abortion pill finally receives approval from Health Canada.   Newspaper report.

Russian Ministry of Health signs a cooperation agreement with the Russian Orthodox Church regarding access to abortion.  ASTRA news report.

JOBS:

Human Rights and Law Adviser, Human Rights and Law Division, UNAIDS, Geneva, Switzerland (fixed term appointment). Apply by August 22, 2015.  Job Details.   Current vacancies.

Communication Intern, Women Help Women  Details online.

Links to other employers in the field of Reproductive and Sexual Health Law are online here.
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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here.
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