REPROHEALTHLAW Updates – Feb. 2017

February 14, 2017


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DEVELOPMENTS:

AB and Surrogacy Advisory Group v. the Minister of Social Development (Centre for Child Law as Amicus Curiae)  CCT 155/15, decided November 29, 2016 (Constitutional Court of South Africa).  Genetic link to one parent is required, and constitutional.   Surrogacy decision.   Summary by Ronaldah Lerato Karabo Ozah.

CALLS:

Meeting: INROADS (International Network for the Reduction of Abortion Discrimination and Stigma), African regional members’ gathering in Lusaka, Zambia, 29-30 May 2017.  Free membership. Free registration.   Financial support for travel expenses: apply by Wed March 8, 2017.

CFP: Sexual and reproductive health and rights in humanitarian crises, especially essays re heightened risk and vulnerability, interventions and responses, and legal and policy issues, for Reproductive Health Matters 26:51.   Submit by May 31, 2017. Call for papers.

Call for volunteer experts in sexual and reproductive health rights to review and validate country-specific data for the “National Sexual Rights Law and Policy Database.” Contact person and Countries where expertise needed.   About the database.    About the Sexual Rights Initiative.

RESOURCES
[abortion law] “Regulating Abortion: Dissensus and the Politics of Rights”  Social and Legal Studies: an international journal, 25.6 (2016): 6-166. Online for institutional subscribers.
— Introduction, by editor Siobhan Mullally
— The Protection of Life During Pregnancy Act 2013: Suicide, Dignity and the Irish Discourse on Abortion, by Clare Murray
— Gender in Constitutional Discourses on Abortion: Looking at Spain from a Comparative Perspective, by Blanca Rodríguez-Ruiz
— Advocating Abortion Rights in Northern Ireland: Local and Global Tensions, by Catherine O’Rourke
— Killing ‘Unborn Children’? The Catholic Church and Abortion Law in Poland Since 1989, by Dorota Szelewa
— Abortion Rights as Human Rights, by Rachel Rebouché
–Talking about Abortion [in the U.S.], by Carol Sanger
 Online for institutional subscribers.

[abortion – Ireland]  “Fatal Fetal Abnormality, Irish Constitutional Law and Mellet v. Ireland,” by Fiona de Londras, Medical Law Review (2016) 24 (4): 591-607.  Article – 17 pages.

[abortion – Ireland]  “Invisible Women:  Ireland and the Fight to Access Safe and Legal Abortion,” by Chiara Cosentino, Medicina nei Secoli Arte e Scienza (Journal of History of Medicine) 28/2 (2016) 413-434.  Online for institutional subscribers.

[African court decisions]  Legal Grounds:  Reproductive and Sexual Rights in Sub-Saharan African Courts, Volume III:  54 African court cases summarized and analyzed by Godfrey Kangaude, Onyema Afulukwe, Guy-Fleury Ntwari, et. al (Pretoria University Law Press (PULP), 2017) 228 pages from PULP.   Overview including previous volumes.

[conscientious objection] “Conscientious objection to abortion provision: Why context matters” by Laura Florence Harris, Jodi Halpern, Ndola Prata, Wendy Chavkin, Caitlin Gerdts,  Global Public Health 12 September 2016; Online for institutional subscribers

[conscientious objection] “Freedom of Conscience, Medical Practitioners and Abortion in South Africa,” by  Shaun Alberto de Freitas, International Journal for Religious Freedom, 4.1 (2011) Abstract and Article

“Conscience and Agent-Integrity: A Defence of Conscience-Based Exemptions in the Healthcare Context” by Mary Neal and Sara Fovargue,  Medical Law Review  (2016) 24 (4): 544-570. Online for institutional subscribers.

Conscientious Objection and Conscientious Commitment – publications by Bernard M. Dickens et al., and recommended reading.  Conscientious Objection publications

[embryos] The Use and Disposal of Stored Embryos, by Bernard M. Dickens.  International Journal of Gynecology and Obstetrics 134 (2016) 114–117. Abstract and Article.

[Inter-American Human Rights] “Women’s Reproductive Rights and Reparations: Lessons from the Inter-American System of Human Rights,” by Ciara O’Connell, in Inter-American Human Rights Network, Moving Beyond the Good, the Bad and the Ugly: What to Learn From International Human Rights Systems?” Ghent, Belgium (29-30 January 2016). Conference paper.

[Uruguay model] “Reducing Maternal Mortality by Preventing Unsafe Abortion: The Uruguayan Experience.” ed. Anibal Faúndes,  International Journal of Gynecology and Obstetrics 134, Sup 1 (Aug 2016). Articles include surveys before and after legalization, reduction in maternal deaths, role of medical abortion, barriers of conscientious objection and replication of the model in Buenos Aires province, Argentina.  IJGO Supplement

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

NEWS

Abortion News Without the Stigma: breaking news on abortion rights.  New website tool

[Canada] “Mifegymiso” – abortion pill now available to Canadian women  Newspaper article

[Sicily, Italy] Valentina Milluzzo, aged 32, 5 months pregnant with twins when she miscarried, fell ill and died from sepsis.  Her death has reignited debate about the high number of gynaecologists and obstetricians who refuse to provide abortions.   Guardian newspaper.  Article by Elizabeth Canitano, gynecologist from “Vita di Donna” (Lives of Women)

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.


South Africa: Genetic-link requirement for surrogacy is constitutional

February 14, 2017

Congratulations to Ronaldah Lerato Karabo Ozah and the Centre for Child Law at the University of Pretoria, a law clinic which was accepted and thanked as amicus curiae in this recent decision:

AB and Surrogacy Advisory Group v. the Minister of Social Development (Centre for Child Law as Amicus Curiae)  CCT 155/15, decided November 29, 2016 (Constitutional Court of South Africa)  Decision online.

On 29 November 2016, the South African Constitutional Court found that the “genetic-link requirement” for surrogate motherhood agreements is constitutionally valid and does not unjustifiably limit the rights of persons who cannot contribute their own gametes for surrogate motherhood agreements. The decision follows the challenge by the Applicants to section 294 of the Children’s Act (38 of 2005) which requires that the gametes of at least one of the commissioning parents must be used for the conception of a child to be born from a surrogate motherhood agreement.

The first applicant was “AB,” a woman in her late fifties who had exhausted medical possibilities to conceive and carry a child to term, whether naturally with her former husband or through in vitro fertilization with personal or anonymous donor ova or sperm. Turning to surrogacy, but unable to supply parental sperm or ova, she and the Surrogacy Advisory Group challenged South Africa’s legal requirement of one parental gamete.  The Children’s Act (ch. 19, sec. 294) provides as follows:

Genetic origin of child. No surrogate motherhood agreement is valid unless the conception of the child contemplated in the agreement is to be effected by the use of the gametes of both commissioning parents or, if that is not possible due to biological, medical or other valid reasons, the gamete of at least one of the commissioning parents or, where the commissioning parent is a single person, the gamete of that person.”

Previously, in August 2015, the High Court at Gauteng had held that this section “is inconsistent with the Constitution for violating rights including equality, privacy, dignity, the right to bodily and psychological integrity, and the right to health care of persons who are unable to contribute a gamete or gametes in the surrogacy arrangement.”  The matter was then referred to the Constitutional Court for confirmation of constitutional invalidity.

The decision of the Constitutional Court was split 7/4, with the majority of the court finding that the provision does not unjustifiably limit the rights of the applicants to equality, reproductive autonomy, reproductive health and privacy (paras 275-324). The Constitutional Court found that section 294 of the Children’s Act was rationally connected to its purpose, which is to safeguard the genetic origin of the child for the best interests of the child. (para. 288)   Furthermore, the Court was of the view that the High Court judgment had over-emphasised the interests of the commissioning parent(s) and overlooked the purpose of the impugned provision and the best interests of children. (para.293)   Although the Constitutional Court did not go so far as to proclaim a right to know one’s genetic origin, it acknowledged that children born of surrogate motherhood agreements do have an interest that needs to be protected by laws that will ensure that they can know at least one of their genetic parents.

References online:

AB and Surrogacy Advisory Group vs. Minister of Social Development, Nov. 29, 2016 (Constitutional Court of South Africa) Full text:  2016 Constitutional Court decision. 

Previous decision, 2015: AB and Surrogacy Advisory Group vs. Minister of Social Development [2015] ZAGPPHC 580 (High Court of South Africa).  2015 High Court decision  Summary by Godfrey Kangaude for: Legal Grounds: Reproductive and Sexual Rights in Sub-Saharan African Courts.  228 pages, free from PULP.

The Children’s Act 38 of 2005, South Africa, with later amendments,  is online here.

Amicus curiae submission by the Centre for Child Law, University of Pretoria  is online here.


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

February 14, 2017

2017_legal_grounds

by: Godfrey Kangaude, Onyema Afulukwe, Guy-Fleury Ntwari, et al.
Foreword by Prof. Charles G. Ngwena
PULP (Pretoria University Law Press) 2017
Download entire 228 page book online.
Online edition with links to decisions
Printable flyer with Table of Contents
Previous volumes
.

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

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

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

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

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

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


REPROHEALTHLAW Updates: Decision, Resources, News, Opportunities and Jobs

September 24, 2015

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September 24 2015

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COURT DECISION:

Inter-American Court of Human Rights, Espinoza Gonzáles vs. Perú.  November 20, 2014.  The State of Peru is held responsible for violations of rights to personal liberty, integrity, honour and dignity, judicial guarantees and legal protection, in connection with the illegal detention, torture, sexual violence, imprisonment, cruel, inhuman and degrading treatment and failure to investigate complaints from Gladys Espinoza between 1993 until 2012.  The Court ordered reparations and access to free and immediate treatment for Gladys Espinoza Gonzales, her mother and brother, and to all women victims of the widespread practice of rape and other forms of sexual violence during the Peruvian conflict.  Official summary in Spanish120-page decision in Spanish.   Press Release from CEJILFollowup interpretation by the Court, June 23, 2015.

CALL FOR PAPERS

The McGill Journal of Law and Health (MJLH), an academic, peer-reviewed, multidisciplinary journal, is currently seeking full-length articles and shorter comments for an upcoming issue. Submissions due October 15, 2015.  Guidelines online

LATIN AMERICAN LEGAL CONFERENCE

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

SCHOLARSHIP

[abortion] “Safe and Legal Abortion: An Emerging Human Right? The Long-Lasting Dispute with State Sovereignty in ECHR Jurisprudence,” by Chiara Cosentino,  Human Rights Law Review (2015) 15 (3): 569-589. Abstract online.  Early access to full text.  Full access for institutional subscribers.

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.

[abortion – China]  Exploring ‘Glorious Motherhood’ in Chinese Abortion Law and Policy, by Weiwei Cao  Details and PDF.

[abortion and surrogate motherhood]  “Surrogate Motherhood and Abortion for Fetal Abnormality”  (Ruth Walker and Liezl van Zyl,  Bioethics 29.8 (Oct. 2015): 529-535.   Free abstract for all. Institutional access to full text.

[hymen restoration] Dorothy Shaw and Bernard M. Dickens, A new surgical technique for hymenoplasty: A solution, but for which problem?” International Journal of Gynecology and Obstetrics 130 (2015) 1–2.  Abstract and article online.

“In Between Categories of Law- a Gender Variant Analysis of Anti-Discrimination Law and Litigation” Ido Katri, LL.M. dissertation  University of Toronto, 2015. Abstract online.

“Obstetric Violence in Argentina: a Study on the Legal Effects of Medical Guidelines and Statutory Obligations for Improving the Quality of Maternal Health” Carlos Alejandro Herrera Vacaflor, LL.M. dissertation, University of Toronto, 2015  Abstract online.

“Sexuality Education in Paraguay: Using Human Rights and International Policies to define adolescents’ right to sexuality education” María José Rivas Vera, LL.M. dissertation, University of Toronto, 2015. Abstract online.

NEWS:

Malaysia: Nepalese woman finally acquitted for abortion,  News report.

Northern Ireland abortion law mostly used to arrest violent men  News report

UK: Joint statement of NGOs on sex selection abortion, in response to attempts to criminalize it in the UK, Joint Statement

Uruguay:   Guarding Abortion Rights Advances   International Women’s Health Coalition report

Uruguay:   Conscientious Objection or Conscious Oppression?: The Uphill Battle to Access Abortion Services in Uruguay  Comment by Lucia Berro

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

JOBS

Regional Director for Latin America and the Caribbean, Bogota, Colombia,   The Center for Reproductive Rights.  Details online.

Senior Officer for Africa Engagement, Girls Not Brides, 16 September 2015 Deadline: 15 October 2015 Location: London or Dakar (Senegal) or Addis Ababa (Ethiopia) or Nairobi (Kenya) Organization:  – Apply by October 15, 2015: Details Online .

Assistant Professor, Women’s & Gender Studies, Keene State College, Keene, New Hampshire, USA – Apply by October 16, 2015.  Job details.

Gender, Sexuality & Feminist Studies Position (Tenure-Track) Middlebury College, Vermont, USA – Apply by November 2, 2015  Job details.

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

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

 


REPROHEALTHLAW Updates: Developments, Events, Resources

August 17, 2015

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August 17, 2015

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DEVELOPMENTS:

UN Human Rights Council adopted 3 new resolutions in 29th session, July 2015 (available in 5 languages)

  1. Accelerating Efforts to Eliminate all Forms of Violence Against Women: Eliminating Domestic Violence.  A/HRC/29/L.16/Rev.1
    Resolution online- choose language.    Abstract and analysis of voting.
  2.  Strengthening efforts to prevent and eliminate child, early and forced marriage,   A/HRC/29/L.15  Resolution online.
  3.  Elimination of discrimination against women, A/HRC/29/L.10  Resolution online.  A/HRC/29/L.7/Rev.1  Resolution online.

EVENTS:

“Bioethics, Medical Ethics and Health Law,” UNESCO Chair in Bioethics 11th world conference, Royal Continental Hotel, Naples, Italy, October 20-22, 2015. Invitation and Call for Abstracts

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

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. Purchase info: link to U Penn Press.
Table of Cases with links to decisions online here, with links to abortion-related Table of Contents and abstracts online here.  A Spanish edition was published in August, 2016.  Ahora disponible en español.

[abortion] ‘The regulatory cliff edge between contraception and abortion: the legal and moral significance of implantation’ by Sally Sheldon.  forthcoming in  Journal of Medical Ethics Preview article (slow link) Related blog.

[abortion]  “Denial of abortion in legal settings,” by Caitlin Gerdts, Teresa DePiñeres, Selma Hajri,  Jane Harries,  Altaf Hossain, Mahesh Puri, Divya Vohra,  Diana Greene Foster,   Open access article.  in Journal of Family Planning and Reproductive Health Care 41.3: Special issue on abortion.

[abortion] Who can provide abortion care? Considerations for law and policy makers. Ipas report, 2015

[abortion] Symposium: Special Issue: Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies, in  The Journal of Law, Medicine & Ethics 43.2 pp. 174 – 430, Summer 2015   Abstracts and Previews or PDFs of the following articles
—Introduction:   Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies, by  Judith Daar and Kimberly Mutcherson.

— The Bad Mother: Stigma, Abortion and Surrogacy,  by Paula Abrams.

—Legal Change and Stigma in Surrogacy and Abortion, by John A. Robertson.

—Selective Reduction: “A Soft Cover for Hard Choices” or Another Name for Abortion?   by Radhika Rao.

—When Is an Abortion Not an Abortion? by Kimberly Mutcherson.

—Selection against Disability: Abortion, ART, and Access, by Alicia Ouellette

—Normalizing Disability in Families (pages 224–227) by Mary Crossley

—Non-Invasive Testing, Non-Invasive Counseling (pages 228–240) by Rachel Rebouché.

—Reproductive Information and Reproductive Decision-Making (pages 241–244) by Maxwell J. Mehlman.

—Disclosure Two Ways (pages 245–254) by Erin B. Bernstein.

—Distinctions in Disclosure: Mandated Informed Consent in Abortion and ART (pages 255–258) by Judith Daar.

—Eggs and Abortion: “Women-Protective” Language Used by Opponents in Legislative Debates over Reproductive Health (pages 259–269) by Sujatha Jesudason and Tracy Weitz.

—False Framings: The Co-opting of Sex-Selection by the Anti-Abortion Movement (pages 270–274) by Seema Mohapatra.

—The Triple System for Regulating Women’s Reproduction (pages 275–288) by June Carbone and Naomi Cahn.

—The Invisible Classes in High Stakes Reproduction (pages 289–292) by Michele Goodwin.

—Conceiving of Products and the Products of Conception: Reflections on Commodification, Consumption, ART, and Abortion (pages 293–306) by Jody Lyneé Madeira.

—Complexifying Commodification, Consumption, ART, and Abortion (pages 307–311) by I. Glenn Cohen.

—The Doctor’s Dilemma: Paternalisms in the Medicolegal History of Assisted Reproduction and Abortion (pages 312–325) by Kara W. Swanson.

—How to Escape the Doctor’s Dilemma? De-Medicalize Reproductive Technologies (pages 326–329) by Paul A. Lombardo.

—Expectant Fathers, Abortion, and Embryos (pages 330–340) by Dara E. Purvis.

—Respecting Intent and Dispelling Stereotypes by Reducing Unintended Pregnancy (pages 341–344) by Dawn Johnsen.

—Membership Has Its Privileges? Life, Personhood, and Potential in Discussions about Reproductive Choice (pages 358–362) by Jonathan F. Will.

NEWS:

Northern Ireland:  Belfast woman will go on trial for helping her daughter to have a medical abortion.  newspaper article.

Paraguay: 11-year old rape victim, denied abortion, gives birth by caesarean section. News article.    Advocacy strategy during the pregnancy- interview with Amnesty International’s Tarah Demant     New York Times interview

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

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

JOBS

Human Rights and Law Adviser,  UNAIDS, Geneva, Switzerland.  Apply by August 22, 2015.  Job details.

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

__________________________

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


Developments, Resources, Opportunities and Jobs

March 31, 2014

REPROHEALTHLAW BLOG – March 2014

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

DEVELOPMENTS

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

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

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

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

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

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

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

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

CONFERENCES:

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

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

EDUCATIONAL OPPORTUNITIES:

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

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

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

RESOURCES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NEWS

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

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

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

JOBS

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

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

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

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

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

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


Decision, Calls, Conferences, Resources & Jobs

January 16, 2014

REPROHEALTHLAW BLOG
January 16, 2014

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DECISION:

Canada:  Supreme Court Strikes Down Canada’s Prostitution Laws, unanimous decision.  Canada (Attorney General) v. Bedford, 2013 SCC 72, Case #34788.  Struck down:  “over-broad” and “grossly disproportionate” laws prohibiting brothels, living on the avails of prostitution and communicating in public with clients.  Parliament has one year (if it wishes) to pass new law as Criminal Code provisions remain in place
Supreme Court decision of Dec. 20, 2013 is online here.
Printable PDF version of 83-page decision is online here.
Legal analysis by Ranjan K. Agarwal, Intervenor
News coverage, key points and context by CBC

CALLS

“Population, Environment and Sustainable Development,” call for papers for Reproductive Health Matters journal, May 2014 – still accepting submissions.  RHM Call for papers online here.

“Using the Law and the Courts,” call for papers for Reproductive Health Matters journal Nov 2014.   RHM Call for papers-scroll down.

Call for Papers,  “Abortion: The Unfinished Revolution.”  Conference: August 7-8,  2014 at the University of Prince Edward Island, Charlottetown, PEI, Canada, submit abstract by Jan 31, 2014.
PEI call for papers online here.

CONFERENCES

“Task sharing in unwanted pregnancy” FIAPAC bi-annual conference for abortion and contraception professionals,” October 3-4,  2014, Ljubljana, Slovenia   Online poster with list of topics.

FIGO World Congress 2015, Vancouver, BC,  Canada,  Oct 4-9, 2015 [sic].  12-page brochure online here.

RESOURCES:

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

[abortion, Australia] ‘A Woman’s Right to Choose: Human Rights and Abortion in Australia’ in Paula Gerber and Melissa Castan (eds), Contemporary Human Rights Issues in Australia (Thomson Reuters, 2013) 251-273.   Book description.

[abortion, CEDAW] “A Commentary on L.C. v Peru: The CEDAW Committee’s First Decision on Abortion,” by Charles G. Ngwena,  Journal of African Law 57(2): 310-324.   Abstract and link online here.

[abortion stigma] New abortion stigma network:  INROADS, the International Network for the Reduction of Abortion Discrimination and Stigma –   To learn more, contact:  info\AT/endabortionstigma.org.
New abortion stigma website online here.

[abortion, surrogacy, ova donation] “Reproductive Technologies and Reproductive Justice,” theme of special issue guest-edited by Mytheli Sreenivas in Frontiers: A Journal of Women’s Studies  34.3, 2013 [includes articles re abortion law advocacy in Taiwan, U.S.A. and elsewhere]
Repro Technologies issue online here.

[CEDAW effectiveness]   “International Women’s Convention, Democracy, and Gender Equality” by Seo-Young Cho, forthcoming Social Science Quarterly  Abstract and article online.

Conscientious Objection to the provision of reproductive healthcare – special issue, International Journal of Gynaecology and Obstetrics, vol 123, Supp. 3 (Dec. 2013), Conscientious Objection issue, online here, includes:.

— Editorial by Wendy Chavkin, Global Doctors for Choice

–Conscientious objection and refusal to provide reproductive healthcare: A White Paper examining prevalence, health consequences, and policy responses, by Wendy Chavkin, Liddy Leitman, Kate Polin.

— Conscientious objection or fear of social stigma and unawareness of ethical obligations, by Anibal Faúndes, Graciana Alves Duarte, Maria José Duarte Osis.

— Conscientious objection to provision of legal abortion care, by Brooke R. Johnson, Eszter Kismödi, Monica V. Dragoman, Marleen Temmerman.

— Legal and ethical standards for protecting women’s human rights and the practice of conscientious objection in reproductive healthcare settings   by Christina Zampas.
All are in Conscientious Objection issue, online here.

[Conscientious objection]  A list of our Program publications on Conscientious Objection, with links where available, is online here.

[Course syllabi] Reproductive and Sexual Health Law Course syllabus for a course taught by Rebecca Cook and Joanna Erdman, based on the textbook Reproductive Health and Human Rights: Integrating Medicine, Ethics and Law (Oxford University Press, 2003) is licensed for free adaptation by law instructors anywhere in the world.   This RSH Law course syllabus will remain online until August 2014. See also:  Women’s Rights in Transnational Law 2013 course syllabus by Rebecca Cook.  More teaching resources are online here.

[human rights]  The American Convention on Human Rights:  Crucial Rights and their Theory and Practice by Cecilia Medina (Mortsel, Belgium: Intersentia, 2013).  Book description online.

[LGBTQ] World map shows countries where consensual same-sex sexual conduct is criminalized  UNAIDS Info Graphic online.

Reproductive Freedom, Torture and International Human Rights: Challenging the Masculinisation of Torture, by Ronli Sifris.  (Oxford: Routledge, 2014) Book description.

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

JOBS

Program Officer, Safe Abortion and Advocacy, Latin America and the Caribbean, International Planned Parenthood Federation, Western Hemisphere.  Job requires Master’s degree or equivalent in Social Sciences, Law, Political Science, Public Health. IPPF job details here.

Program Associate for Latin America and the Caribbean,  Center for Reproductive Rights.  Apply by Jan. 24, 2014.   CRR job details here.

Other jobs at the Center for Reproductive Rights
Internship at the Nepal office, apply by Jan. 17, 2014
Manager of Policy and Advocacy Research, apply by Jan. 17.
Senior Attorney for Judicial Strategy, apply by Jan. 31.
List and links are online here.

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

The REPROHEALTHLAW Blog is compiled monthly by the Coordinator of the International Reproductive and Sexual Health Law Program, University of Toronto, Canada.  Email:  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 account to confirm the subscription.