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

February 14, 2017

2017_legal_grounds

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

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

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

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

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

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

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


REPROHEALTHLAW Updates, June 2016

June 14, 2016

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

DEVELOPMENTS

“Ireland’s abortion laws subjected a woman to cruel, inhuman and degrading treatment, according to a  landmark decision from the United Nations Human Rights Committee.”
Center for Reproductive Rights, CRR press release.   UN Press Release, June 9, 2016Newsmedia reportsDecision CCPR/C/116/D/2324/2013 online.

EDUCATIONAL OPPORTUNITY IN AFRICA – SCHOLARSHIPS

Master’s degree (LLM/MPhil) in Sexual and Reproductive Rights in Africa,  University of Pretoria, South Africa, Two-year program starts in Jan. 2017.   Blended learning course with online interaction and residential block-weeks in Pretoria, South Africa. Two contact sessions will be scheduled every year (four contact sessions over the two year period).   Apply by 31 Oct 2016. Up to 15 full scholarships available for African citizens.  African LLM/MPhil details.

RESOURCES

[abortion, U.K. and U.S.] “With advances in embryo research, it’s time to bring abortion law out of the Victorian age,” by Sally Sheldon. Kent Law School, Kent University, Canterbury, BioNews 853 (May 31, 2016)  Article online.

[conscientious objection – institutions] Contracting Religion, by Elizabeth Sepper,  in:  Law, Religion, and Health in the United States, ed. Holly Fernandez Lynch, I. Glenn Cohen, & Elizabeth Sepper (Forthcoming: Cambridge Univ. Press, 2017). (Draft chapter online).

[fetal abnormality, microcephaly, Brazil]  Special issue of Cadernos de Saúde Pública 32.5 (2016) Rio de Janeiro includes a special thematic section:
“Zika and Pregnancy”  Table of Contents with links to translations.
— “Zika virus and women,” by Debora Diniz (English and Portuguese)
— “The debate on abortion and Zika: lessons from the AIDS epidemic,” by Thais Medina Coeli Rochel de Camargo, (English and Portuguese)
— “Women’s reproductive rights and the Zika virus epidemic,” by Jacqueline Pitanguy (English and Portuguese)
— “Comment on the paper by Pitanguy,” by Florencia Luna (English and Spanish)
— “Ensuring a rights-based health sector response to women affected by Zika” by Paige Baum, Anna Fiastro, Shane Kunselman, Camila Vega, Christine Ricardo, Beatriz Galli, and Marcos Nascimeno (English and Portuguese).
— “Comment on the article by Baum et al.,” by Ana Cristina González-Velez
(English and Spanish)
— “Zika and reproductive justice,” by Alexandra Minna Stern (English)

[fetal abnormality, microcephaly] “Sexual and Reproductive Health and Rights in the Time of Zika in Latin America and the Caribbean,” by Ana Langer, Jacquelyn M. Caglia andClara Menéndez, Studies in Family Planning 47.2 (June 2016): 179-181.  Online version.

Law and Policy updates are issued monthly by International Campaign for Women’s Right to Safe Abortion.  To receive the electronic newsletter, click “Join the Campaign

[maternal deaths, Uganda]: “Why the Constitutional Court should rule on the right to health,” by Michael Addaney in AfricLaw blog,  June 3, 2016  AfricLaw blogpost,

[stereotyping] “Emerging from the Shadows: Substantive Equality and Article 14 of
the European Convention on Human Rights,” by Sandra Fredman, Human Rights Law Review 16 (2016): 273–301   Advance access.

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

NEWS

[El Salvador]  Sentenced to 40 Years After a Miscarriage, Maria Teresa Rivera was freed May 20,2016 News report in English.   News report in Spanish

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.

 


Preventable maternal deaths: Ugandan court decisions

May 12, 2016

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), an LL.D. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing or editing dozens of analytical summaries of African court decisions for our forthcoming volume, Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts.  Previous volumes in the series, published in 2005 and 2010 by the Center for Reproductive Rights, are freely available in print or electronic form.  Legal Grounds online.

Several of the cases involve preventable maternal deaths. Traditionally, families and communities suffer these losses silently, unless a legal advocacy organization brings the case forward.  In Uganda, for instance, the Center for Health, Human Rights and Development (CEHURD) and others brought two maternal death cases to the Constitutional Court of Uganda as human rights violations, but the petition was dismissed without consideration in 2012 as a “political” matter.[1]  In November 2015, however, Uganda’s Supreme Court ordered Constitutional Court to hear the petition on maternal health rights violations.[2]  We still await the Constitutional Court’s  ruling on the merits of CEHURD’s petition.

Just six months earlier, a Ugandan High Court  found human rights violations and awarded damages to the family of a woman who died in obstructed labour at Nakaseke District Hospital; the only doctor who could handle this complication was on duty but could not be found.[3]  As Godfrey Kangaude  comments, “the judgment is an important signal that preventable death of women during pregnancy, labour, and childbirth is a human rights issue.”

Moreover, as Kangaude explains, “Uganda is a party to the International Covenant on the Elimination of All Forms of Discrimination against Women (CEDAW). One of the important decisions on the subject matter under CEDAW is Alyne da Silva Pimentel Teixeira v Brazil (Communication No. 17/2008 CEDAW/C/49/D/17/2008). The Committee on CEDAW (CEDAW Committee) considered the case of a woman who had died of complications of pregnancy as a result of delays in being provided with appropriate care by the health system.[4] The CEDAW Committee found violation of state obligations under Article 12 on the equal right to health, and under Article 2(c) in relation to access to justice, amongst others. It made several recommendations to address the systemic factors, which would apply to the Uganda context . . .” [5]

The CEDAW Committee recommended that the state:

“(a) Ensure women’s right to safe motherhood and affordable access for all women to adequate emergency obstetric care, in accordance with General Recommendation No. 24 (1999) on women and health;

(b) Provide adequate professional training for health workers, especially on women’s reproductive health rights, including quality medical treatment during pregnancy and delivery, as well as timely emergency obstetric care;

(c) Ensure access to effective remedies in cases where women’s reproductive health rights have been violated and provide training for the judiciary and for law enforcement personnel;

(d) Ensure that private health-care facilities comply with relevant national and international standards on reproductive health care; [and]

(e) Ensure that adequate sanctions are imposed on health professionals who violate women’s reproductive health rights.”[6]
_____________________

REFERENCES:

[1] Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2012], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Decision online. Preventable maternal deaths were dismissed as a “political” matter.  Case Summary and Analysis by Nthabiseng Lelisa and Godfrey Kangaude, with special thanks to Nthabiseng Lelisa, an LL.M. candidate in Sexual and Reproductive Rights in the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa.

[2]  Center for Health, Human Rights and Development & 3 Others  v Attorney General.  [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala) [Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.]  Decision online.  Case summary and analysis by Godfrey Kangaude. 

[3] Center for Health, Human Rights and Development & 4 Others  v Nakaseke District Local Administration [2015], Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala). [Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour.] Decision online. Case summary and Analysis by Godfrey Kangaude 

[4] See also: Rebecca J. Cook “Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision”  41.1 (Spring 2013) Journal of Law, Medicine and Ethics 103-123,  Original publication in EnglishRepublished in SpanishTranslation to PortugueseRepublication in Portuguese journal.

[5] CEHURD v Nakaseke (note 3 above), Case summary and Analysis by Godfrey Kangaude , page 3.

[6] Committee on the Elimination of Discrimination against Women,  Alyne da Silva Pimentel Teixeira (deceased) v Brazil, Communication No.17/2008, CEDAW/C/49/D/17/2008), Recommendations, 8.2.  CEDAW decision Sept 27, 2011


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


REPROHEALTHLAW Updates

May 12, 2016

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

DEVELOPMENTS

GENDER JUSTICE UNCOVERED AWARDS – Vote on the Best and Worst judgments of 2015, gathered by Women’s Link Worldwide.  Decisions are attached!  Vote by May 30, 2016.  To review this year’s nominees, click on “Cases”.

PERU: re the historic case of  K.L. v. Peru: As a teenager in 2001, K.L.was denied abortion of an anencephalic fetus who died soon after birth. The UN CEDAW Committee stated that her human rights had been violated.   In 2016, she has received financial compensation.   News report.

RWANDA – access to legal abortion for raped 13-year-old denied by first court, then allowed on appeal.    Judgment of October 30 2015, official English translation, redacted to preserve privacy. Rwandan juvenile abortion decision.

UGANDA – Preventable Maternal Deaths – 3 decisions Overview on Reprohealthlaw Blog.

Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2012], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Preventable maternal deaths were dismissed as a “political” matter.  Decision online.  Case Summary and Analysis by Nthabiseng Lelisa and Godfrey Kangaude.

Center for Health, Human Rights and Development & 3 Others  v Attorney General.  [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala) [Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.]  Decision online.  Case summary and analysis by Godfrey Kangaude. 

Center for Health, Human Rights and Development & 4 Others  v Nakaseke District Local Administration [2015], Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala). [Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour.] Decision online. Case summary and Analysis by Godfrey Kangaude 

EDUCATIONAL FUNDING

Comparative Program on Health and Society at the University of Toronto, Canada, invites applications for 2016-2017.  Complete applications due May 30, 2016.    Doctoral fellowships on “Health and human rights” and “Social determinants of health”: Doctoral fellowships.   Research Associate fellowship

O’Neill Institute for National and Global Health Law, Georgetown University Law Center in Washington, DC.   – Associate position for law graduates, to work on domestic and global health law and policy projects. Apply by May 31, 2016  Associate position for law graduates

RESOURCES

[abortion – anti-choice strategy, United Kingdom]”A guerrilla strategy for a pro-life England,” by Sheelagh Mcguinness, 7.2 Law, Innovation and Technology 283-314. [how anti-abortion “guerrilla” strategies undermine reproductive rights]  Abstract and article.

[abortion and police]  Practical Guide for Partnering with Police on Abortion. The guide is for trainers and advocates, by Ipas, 2016.  Ipas Guide.

[abortion, zika virus – Brazil]  “Threats of retrocession in sexual and reproductive health policies in Brazil during the Zika epidemic,” [Ameaças de retrocesso nas políticas de saúde
sexual e reprodutiva no Brasil em tempos de epidemia de Zika] by Beatriz Galli and Suely Deslandes,   32.4 (2016) Cad. Saúde Pública (Rio de Janeiro)  Epub 19-Abr-2016  Portuguese original.  English translation.

[abortion, zika] “Using a Human Rights Accountability Framework to Respond to Zika,” by Beatriz Galli.  Health and Human Rights Journal blog, May 2, 2016.  Blog online.

[Conscientious objection by hospitals – new report] “Health Care Denied: Patients and Physicians Speak Out about Catholic Hospitals and the Threat to Women’s Health and Lives,” American Civil Liberties Union (ACLU and Merger Watch, 2016)  40-page report.   Faith-based restrictions at 550 US hospitals go far beyond abortion: news article.

[Conscientious objection by hospitals prohibited] “Healthcare responsibilities and Conscientious Objection”  by R. J. Cook, M. Arango Olaya and B.M. Dickens,  International Journal of Gynecology and Obstetrics 104 (2009): 249-252.  English abstract and article. Spanish translation.

[Conscientious objection] “The Right to Conscience,” by Bernard M. Dickens in Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014), 210-238. Book in EnglishSpanish translation.

Conscientious Objection: articles and projects related to the Reproductive and Sexual Health Law Programme of the University of Toronto  Updated List.

[forced treatment during pregnancy, e.g. caesarean births] New book: Autonomy and pregnancy: A comparative analysis of compelled obstetric intervention (2016), Samantha Halliday. Table of contents and excerpts at Googlebooks

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

JOBS

Program Manager, Women’s Health and Equality in Latin America, Wyss Foundation, Washington DC,  Apply by May 31, 2016.  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.


South Africa: Decriminalization of adolescent consensual sex

April 21, 2016

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), Executive Director of the Malawi Law Society and Co-Director of Nyale Institute for Sexual and Reproductive Health Governance, and Phiwo Nyobo, an LL.M. candidate in Sexual and Reproductive Rights in the Centre for Human Rights, Faculty of Law, University of Pretoria, for collaborating on a new African case summary for our forthcoming publication, Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts.  

In the first Teddy Bear case of 2013,  a South African High Court proposed decriminalization of adolescent consensual sexual conduct.[1]   Later that year, the Constitutional Court suspended all laws criminalizing adolescent consensual sexual conduct, pending review by Parliament.  As Kangaude notes, this South African decision is “revolutionary because it affirmed adolescents as sexual beings who may engage in consensual sexual conduct, and that this was in certain circumstances normal and even critical for normal and healthy development.” ([2] p.5)

On July 7, 2015, the South African government duly amended its Criminal Law, decriminalizing consensual adolescent sexuality.[3]  The Amendment was welcomed by advocacy groups [4]  and legal specialists.[5]

“South Africa arrived at the Teddy Bear decision using its Constitution and domestic laws. Some African countries [6] [7] still cling to criminal laws that treat consensual sex between adolescents as problematic.  Invariably, this creates conditions that perpetuate the thinking that consensual sexual behaviour amongst adolescents is always harmful. Yet girls and boys still engage in some form of sexual conduct. Since the norms and laws prevent them from getting the necessary support, such as sexual and reproductive health information and services, the consequences include . . . unwanted pregnancy, STIs and unsafe abortions…” ([2] p.5)

The African Commission’s General Comment on Article 14 (1) (d) and (e) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, oblige states to realize wide ranging human rights, not only for adults, but also for adolescents. As Kangaude concludes, “It is only by respecting the rights of the adolescent in matters regarding sexuality that a society will tend towards achieving better sexual and reproductive health, not only for adolescents but for everyone.” ([2] p.6]

———————————–NOTES

[1] Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another, Case No. 73300/10 [2013] ZAGPPHC 1 (North Gauteng High Court, Pretoria).  High Court decisionCase summary by Godfrey Kangaude and Phiwo Nyobo, 2015.

[2] Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another (CCT 12/13) [2013] ZACC 35;  (South Africa: Constitutional Court).   Constitutional Court decision.  Case summary by Godfrey Kangaude and Phiwo Nyobo, 2015.

[3] Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015 – Government Notice 593 in Government Gazette 38977 dated and commenced July 7, 2015. Amendment Act 5.   Entire Act.

[4] “Towards healthy adolescent sexuality”  by Suhayfa Bhamjee, lecturer in the School of Law at University of Kwazulu-Natal. Legal analysis of draft amendment.

[5] “Revised adolescent sex bill welcomed by Advocacy groups.”  News report.

[6] In our second case summary, p. 5, Kangaude discusses Uganda’s anti-defilement law, which criminalises consensual sex with girls under 18, citing SA Parikh, “‘They arrested me for loving a schoolgirl’: Ethnography, HIV, and a feminist assessmentof the age of consent law as a gender-based structural intervention in Uganda’” (2012) 74 Social Science and Medicine 1774-1782.

[7] For another negative contrast, see the Kenyan decision C.K.W. v. Attorney General & Another [2014] eKLR, Petition 6 of 2013 (High Court of Kenya at Eldoret), which not only upheld criminalisation of adolescent consensual sex, but ignored gender bias in the law.  Decision online.   Case summary by Godfrey Kangaude and Mobby Rusere.

[8] For further discussion of the legal, ethical and reproductive health issues , see Godfrey Kangaude, “Enhancing the Role of Health Professionals in the Advancement of Adolescent Sexual Health and Rights in Africa” (2016). International Journal of Gynecology and Obstetrics 132 (2016) 105-108.  Abstract and Article.


Using Human Rights to Require African States to Implement Abortion Laws

February 11, 2016

Congratulations to Prof. Charles Ngwena, whose new article has just been published in the Journal of African Law.

Charles G. Ngwena, “Taking Women’s Rights Seriously: Using Human Rights to Require State Implementation of Domestic Abortion Laws in African Countries with Reference to Uganda,” Journal of African Law 60.1 (Feb 2016): 110-140. 

Abstract:  This article is constructed around the premise that women’s rights to safe abortion give rise to obligations that the state has a positive duty to implement. Using Uganda as a case study, it frames failure by a state to implement its abortion laws in ways that render the rights tangible and accessible to women as a violation of human rights. The article develops a normative human rights framework for imposing on a state the obligation to take positive steps to implement abortion laws that the state, itself, has adopted. The framework does not depend on requiring the state first to reform its substantive laws or broaden the grounds for abortion. Rather, it focuses on the implementation of existing domestic laws. The article draws its remedial juridical responses partly from conceptions of women-centred rights to procedural justice, equality and health, and partly from jurisprudence developed in recent years by United Nations treaty-monitoring bodies and the European Court of Human Rights.

The full text of this article is available from the printed journal, or online here through subscribing libraries.


REPROHEALTHLAW Updates: Decisions, News, Resources and Jobs

January 14, 2016

REPROHEALTHLAW
January 14, 2016

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

DECISIONS AND LEGAL DEVELOPMENTS:

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

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

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

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

EVENTS

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

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

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

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

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

PUBLICATIONS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NEWS

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

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

JOB OPPORTUNITIES

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

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

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

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

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

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