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.


Law, Policy and Reproductive Autonomy

November 22, 2013

Congratulations to Prof. Erin Nelson, Associate Professor of Law at the University of Alberta, Canada, whose new book is now available.

Law, Policy and Reproductive Autonomy (Oxford: Hart, 2013) examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications – about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction (including abortion) in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

Book purchase information online here.

Table of Contents online here.


Decisions, Events, Fellowships, Resources, News & Jobs

May 14, 2013

REPROHEALTHLAW
May 14, 2013

DECISIONS

European Court of Human Rights:  Valiuliene v. Lithuania.    State held liable for failure to investigate effectively into complaints of domestic violence.  Decision online.
 Women’s Lobby Report online.

India:  Voluntary Health Association of Punjab v Union of India & Ors  [2013] INSC 289
Supreme Court, 4 March 2013.  stricter rules to regulate pre-conception and prenatal diagnosis to enforce 1994 prohibition on sex selection.  Decision online

Scotland, UK:   Petition  of Mary Teresa Doogan and Concepta Wood for Judicial Review of a decision of Greater Glasgow and Clyde Health Board.  Midwives in administrative capacity allowed conscientious refusal to supervise staff who perform abortions.  Decision online
   —“Catholic midwives win landmark legal battle over objection to abortions” News report
   —“When Health-Care Providers Refuse Care, Whose Rights Are at Stake?” Comment by Marianne Møllmann, Amnesty International
   —“Conscientious Objection in Scotland:  A Worrying Precedent”  Comment by Louise Finer, Reproductive Health Matters.

EDUCATIONAL EVENTS
Third Latin American Legal Congress on Reproductive Rights, Cuernavaca, Morelos – Mexico, October 14-16, 2013. 
Congress details.

“Monitoring the Implementation of CEDAW toward Sexual and Reproductive Health Rights” ASIL-AU Continuing Legal Education Institutes, 3-part course series on Human Rights.    Part 1 of 3 features speakers Rebecca Cook, Sarah Craven and Cristina Finch.
May 29, 2013, Washington DC   Course event information

FELLOWSHIPS
Fellowship  (for law graduates), Avon Global Center for Women and Justice at Cornell Law School, Itaca, NY, USA, Apply by May 24, 2013.  Cornell Fellowship Information.

Health Equity – Summer Fellowship:  Women’s College Hospital Institute for Health System Solutions and Virtual Care, Toronto, Canada, 2 month fellowship with $5000 stipend,  “Justice in Healthcare” is one of the proposal topics sought, Project proposals due May 24, 2013.  Health Equity Fellowship

RESOURCES:

[abortion] Remaking the case for a woman’s right to choose, by Ann Furedi, reprinted in bpas Reproductive Review, April 26, 2013. 
Article online.

[abortion, Ecuador]  The Struggle for Abortion Rights in Ecuador, by Heather Sayette, IPPF.   Online  article.

Bioethics Training Curriculum from FIGO – includes basic principles and 25 case studies in Reproductive Health, can be used freely to train healthcare personnel.  Download from FIGO 

[emergency contraception] European Consortium for Emergency Contraception – New website

Infanticide & “after birth” abortion, special issue of Journal of Medical Ethics 39.5 (May 2013)  Journal of Medical Ethics issue

“Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne decision” by Rebecca J. Cook, Journal of Law, Medicine and Ethics 41.1 (2013): 103-23.  Article online through academic libraries.  Portuguese translation forthcoming in Revista de Direito Estados.

[human rights] “Applying Human Rights to Maternal Health: UN Technical Guidance on Rights-Based Approaches,” by Alicia Ely Yamin, International Journal of Gynecology and Obstetrics 121 (2013) 190–193. Article and abstract online.

Maternal Mortality, Human Rights and Accountability (new book) ed. Paul Hunt and Tony Gray.  Book information online.

[Mexico] Omisión e Indiferencia:  Derechos Reproductivos en México – detailed analysis of the advances, unfulfilled debts and setbacks to reproductive rights in Mexico. 2007-2013.  English translation forthcoming.   Report in Spanish online.

“Movement Litigation and Unilateral Disarmament,” by Richard S. Price and Thomas Keck, [Using two US right-to-life litigation case studies, this article disputes the common assumption that reproductive rights advocates refrain from litigation, confining themselves to legislative approaches.] Working paper online.

[Nigeria] “Legal Right to Maternal Health in Nigeria – Why Not?” by Aniaka Angel-Jacinta Oluchi.   Working Paper online.

[U.S.] Equality Arguments for Abortion Rights , by Neil Siegel & Reva B. Siegel,  UCLA Law Review Discourse, Vol. 60, 2013.   Article online.  

NEWS:

Argentina:  Doctors are under investigation for refusing to perform a legal abortion procedure during life-threatening pregnancy in 2011.  Woman lost physical mobility by carrying pregnancy to term.  Spanish news article

Canada: Alberta halts program for low-cost birth control. Regulatory concerns force halt to program.   News article.

Ecuador guarantees right to free emergency contraception. 
News article.

El Salvador: Beatriz case — woman with anencephalic fetus is being denied life saving medical intervention. 
Appeal from Amnesty International
   —[Office of the United Nations High Commissioner for Human Rights and the Inter-American Commission on Human Rights] “Human Rights Bodies  Call on El Salvador to Provide Life-Saving Abortion. 
Report in blog article

India:  Time limit of abortions raised to 63 days (9 weeks), formerly 7 weeks. News report.

India Rape Law:  Parliament passes strict sexual violence legislation.”  News report.

Irish government puts forward draft abortion bill, includes suicide.  News report.   Catholic Church dissent.

Malawi: Gender Equality Bill -Section 19(1) gives “every person a right whether or not to have a child” and complies with CEDAW.   Minister of Gender’s Statement to UN Commission on the Status of Women, session 57.    Church dissent.

Malawi:  Domestic Violence Bill signed by President.  News report.

Mexico:   Supreme Court Invalidates Queretaro constitutional article that “recognizes, protects and guarantees the right to life of every human being from the moment of fertilization.”(April 29, 2013). 
English news article.     Spanish news article

Uruguay legalizes same-sex marriage. 
News report.   Amnesty comment

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

JOBS
Legal Adviser for Europe & Global Advocacy Programs (based in
Geneva),  The Center for Reproductive Rights,  Geneva, Switzerland.  Apply by May 29, 2013.  Job details.   

Program Associate – Women’s Rights and Reproductive Rights,  Wellspring Advisors, LLC.  New York, NY, USA.  Apply by  May 17, 2013.    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.


U.S. Judge orders FDA to remove age restriction for access to Emergency Contraception

April 10, 2013

Congratulations to our esteemed colleagues at The Center for Reproductive Rights,  who won their renewed lawsuit against the Food and Drug Agency (FDA)  in federal court in Brooklyn, New York
on April 5, 2013.

The FDA’s denial of approval to make the “Plan-B One Step” emergency contraception available over-the-counter (OTC), without prescription, to women of all ages was considered “arbitrary, capricious, and unreasonable.”  The judge also found  a “a strong showing of bad faith and improper political influence” by the Obama Administration in refusing OTC approval.   The judge has ordered that, within 30 days, Plan B One-Step must be available over-the-counter at point of sale,  without any age restriction.  

This is a huge victory.   The decision is significant in developing the legal norms to ensure accessibility to emergency contraception in the US.   The standard for suing a federal agency over its decisions is a very tough one.  The Center should be very proud of its courage in bringing this case and its tenacity in litigating it.

For details, see CRR’s initial press release,  online here.

An overview of CRR’s decade-long litigation campaign is online here.

Media coverage from The New York Times  is online here.

RH Reality Check blog comments are online here.

The entire decision, Tummino et al. v. Hamburg et al.,
can be downloaded here.


Decisions, Guidelines, Courses, Resources, News & Jobs

April 10, 2013

REPROHEALTHLAW-L
April 10, 2013

DECISION

United States:  Emergency Contraception must be made available over-the-counter, without prescription, to women of all ages.
Decision of April 5, 2013,  Tummino et al. v. Hamburg et al.
can be downloaded here.
Initial press release from Center for Reproductive Rights:  online here.
Overview of CRR’s decade-long litigation campaign is online here.

GUIDELINES:

New FIGO guidelines on “Safe Motherhood” published by the FIGO Committee for the Ethical Aspects of Human Reproduction and Women’s Health in the International Journal of Gynecology and Obstetrics 120.3 (March 2013): 312-313, mention: “Where abortion is not against the law, every woman should have the right, after appropriate counseling, to have access to medication or surgical abortion. The healthcare service has an obligation to provide such services as safely as possible. Proper medical and humane treatment should be made available to women who have undergone an unsafe abortion.”

For other FIGO Ethical Guidelines on abortion, contraception and related subjects, in English French and Spanish, click here

 COURSES

[Argentina] Diplomatura en Salud y Derechos Sexuales y Reproductivos (SDSR). Gestión Integral de Políticas, Programas y Servicios, Inicia 18 de abril de 2013, Buenos Aires, Argentina.
Spanish course information online.

[US] The Global School on Judicial Enforcement of ESC Rights Course on Health Rights Litigationone-week intensive course, Sept. 16-20, 2013 at Harvard University in Boston, MA, includes reproductive and sexual health;  designed for PhD students, scholars, practitioners (e.g., law, public health, human rights or development), policy-makers and advanced master’s students. The number of participants is restricted, and applications are due to rcantor{at}hsph.harvard.edu  by June 1, 2013.  For application and more course details,
see Current Projects, Item 3(A), here.  

RESOURCES

[abortion: Barbados] “Capturing the Moment: The Barbados Experience of Abortion Law Reform – An Interview with Dame Billie Miller,” by Dame Billie Miller and Nicole Parris in Social and Economic Studies 61.3(Sept 2012) Special Issue on Women’s Reproductive Health and Rights in Select Caribbean Countries (Guest Editors: Taitu Heron and Shakira Maxwell): Article online.

[abortion: Germany and Canada]“ The German Abortion Decisions and the Protective Function in German and Canadian Constitutional Law by Vanessa MacDonnell and Jula Hughes, forthcoming in Osgoode Hall Law Journal (Summer 2013): Text available online.

[abortion: Guyana]  “Legal but Inaccessible: Abortion in Guyana.” by Fred Nunes in Social and Economic Studies 61.3(Sept 2012) Special Issue on Women’s Reproductive Health and Rights in Select Caribbean Countries (Guest Editors: Taitu Heron and Shakira Maxwell):  
Article online.

[abortion, Jamaica]  “Fighting a Losing Battle? Defending Women’s Reproductive Rights in Twenty-First Century Jamaica.” by Shakira Maxwell in Social and Economic Studies 61.3(Sept 2012) Special Issue on Women’s Reproductive Health and Rights in Select Caribbean Countries (Guest Editors: Taitu Heron and Shakira Maxwell):  
Article online.

“Religion, Culture and Tradition: Strengthening Efforts to Eradicate Violence against Women,” by Shareen Gokal and Sandra Dughman Manzur, AWID briefing document for CSW57, contains useful links and summaries of relevant international human rights instruments and discussion of religious justifications for human rights violations. Download from AWID.

[emergency contraception] UN 57th Session of the Commission on the Status of Women agrees to end violence against women and girls, including and the agreed language explicitly calls for accessible and affordable health care services, including emergency contraception, for victims of violence:  Agreed conclusions online.  

[Farsi / Persian resource for Iranian women] 1500-word excerpt from Rebecca Cook’s “State Responsibility for Violations of Women’s Rights,” (1994) has been translated and published in an online open-access journal, Law, Culture and Gender, issue 11, (2013) by the Institute for War and Peace Reporting:   
1500-word excerpt in Farsi (Persian).

“Human Rights and Accountability,” PMNCH Knowledge Summary #23, Partnership for Maternal, Newborn and Child Health, 2013:
4-page overview with references.

Jurisprudence on Health and Reproductive Rights, summarized by Center for Justice and International Law (CEJIL)
 in English and  in Spanish

Jurisprudence summaries on gender violence, equality and discrimination, rights of children and adolescents, also by CEJIL:
in English     and in Spanish  

 Other CEJIL Publications, including summaries of Norms in the Inter-American Human Rights System:   in English;   in Spanish

“Religion, Culture and Tradition: Strengthening Efforts to Eradicate Violence against Women,” by Shareen Gokal and Sandra Dughman Manzur, AWID briefing document for CSW57, contains useful links and summaries of relevant international human rights instruments and discussion of religious justifications for human rights violations. Download from AWID.

Reprohealthlaw – Legal commentaries on past decisions and developments are online here.

NEWS:

France’s Free Abortion Law Takes Effect.  Huffington Post article.

[abortion] Indonesia and Pakistan have new hotlines for info about safe medical abortion     ASAP blog post
More info re Pakistan hotline.

Northern Irish women risk jail for using abortion pills.  news report.

Philippines Supreme Court stops implementation of Reproductive Health Law for 120 days. news report.

Philippines needs resolute political support on reproductive health. editorial by Melissa Upreti.

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

JOBS

Legal Assistant for Europe and Global Advocacy Programs, Center for Reproductive Rights, NY USA, apply by April 18, 2013.  Job details.

Program Associate, Global Legal Program, Center for Reproductive Rights.  Apply by April 13, 2013. 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.
Our Annual Report for 2012 is now online through our homepage.


Decisions, Events, Fellowships, Resources, News & Jobs

September 12, 2012

REPROHEALTHLAW-L  September 11, 2012

COURT DECISIONS

Australia (Queensland):  Activist ob/gyn who established website on safe medical abortion at home found guilty of unprofessional conduct. Medical Board of Australia v Freeman [2012] QCAT 288 (6 July 2012)
Decision online here.

European Court of Human Rights – decision  re IVF ban in Italy
Costa and Pavan v. Italy (application no. 54270/10), ECHR 327 (2012)  August 28, 2012.
Ban preventing couple of healthy carriers of genetic disease from screening embryos for in vitro fertilisation violated their right to respect for their private and family life.
Case may be referred to Grand Chamber within 3 months.
Decision in French.    Court Press release in English.
News summary in English.

New Zealand Supreme Court:  Right to Life’s appeal dismissed.
The Abortion Supervisory Committee v. Right to Life New Zealand Inc. [2011] NZSC 73.  Judgment  and Media Release of August 9, 2012 are online here at “[2012] NZSC 68.”  The Court ruled that the Abortion Supervisory Committee does not have the power to scrutinize individual doctors’ decisions regarding approval of abortion (that is, whether or not the abortion meets the legal requirements set out in the Crimes Act 1961).  For background, see 2011 legal commentary by YY Chen,
2008 legal commentary by Simone Cusack  and timeline by ALRANZ.

EVENTS

Youth (age 18-25) Advocacy Institute for Safe Abortion Rights [in Asia] to be held in Mumbai, India Oct 31 – Nov 3, 2012. Full or partial scholarships available.  (Urgent) Apply by Sept 12, 2012. Application info.

“From Abortion Rights to Social Justice: Building the Movement for Reproductive Freedom.” Conference, Amherst MA, USA, April 12-14, 2013. Proposals due: Sept 17, 2012. Conference details.

“Religious Refusals Undermining Access,” webinar by Global Rights Watch, with panel of advocates from Argentina, Colombia and the U.S. to be held Thurs Sept 27, 2012 first at 9:00am, repeating at 2:00pm, Eastern Daylight Time (GMT- 4).  For registration and access info, email Sheena*Reiter @ ppfa*org.

FELLOWSHIPS

Center for Reproductive Rights/Columbia Law School Fellowship 2-year, post-graduate fellowship, to prepare recent law school graduates for legal academic careers in reproductive health and human rights For the 2013-2015 cycle, apply by October 29, 2012.
Fellowship details.

Norman Barwin Scholarship for Reproductive Health for Canadian graduate students registered full-time at a Canadian university during the 2012-2013 academic year.  Apply by Oct 19, 2012. 
Scholarship details
.

Humphrey Fellowship in International Human Rights or International Organization for law or political science students now at Canadian universities.  Apply by Nov 15, 2012. Eligibility criteria and 2013 application form will be available as of Sept 14, 2012.
Fellowship details.

Schulich Fellow 2013-14, Dalhousie University, Schulich School of Law. Halifax, NS, Canada, Apply by Dec 15, 2012.
Fellowship details. 

Schulich Distinguished Visiting Scholar, Dalhousie University, Schulich School of Law. Halifax, NS, Canada, Apply by Dec 1, 2012 Call for Expressions of Interest (2013‐2014).
Visiting Scholar fellowship details.

RESOURCES

[abortion ] Breaking Through the Development Silos: Sexual and Reproductive Health and Rights, Millennium Development Goals and Gender Equity Experiences from Mexico, India and Nigeria (by DAWN, 2012)   217-page report.

[abortion] Unsafe abortion – International Journal of Gynecology & Obstetrics, Special Supplement, Sept 2012, includes articles on Bangladesh, Brazil, Colombia, Ethiopia, India, Iran, Mexico, Nigeria, USA & Zambia.    abortion supplement.

[abortion: European Union] “The European Court of Human Rights, the EU Charter of Fundamental Rights, and the Right to Abortion: Roe v Wade on the Other Side of the Atlantic?” by Federico Fabbrini, 18 (2011-2012) Columbia Journal of European Law 1-54.

[abortion:  Uganda]  A Technical Guide to Understanding the Legal and Policy Framework of Termination of Pregnancy in Uganda Center for Reproductive Rights)  46-page report
Knowledge of law on abortion could save Uganda’s women:
News interview with Elisa Slattery. See also:  10 key points about Uganda’s laws & policies on termination of pregnancy

[abortion, Uruguay] “The Politics of Reproductive Health Rights in Uruguay: Why the Presidential Veto to the Right to Abortion is Illegitimate” by Oscar A. Cabrera, Martin Hevia, Fanny Gómez-Lugo and Analía Banfi-Vique  (2011). Revista de Direito Sanitário, São Paulo – Journal of Health Law, July 2011. Article in English.

[abortion – Uruguay] “El veto del ejecutivo Uruguayo a la despenalizacion del aborto: Deconstruyendo sus fundamentos” (2010) by Analia Banfi Vique, Oscar A. Cabrera, Fanny Gomez Lugo, and Martin Hevia. (republished by MYSU, 2012)  Article in Spanish.

[abortion USA] The Constitutionalization of Abortion, by Reva B. Siegel.  In: Michel Rosenfeld and Andras Sajo, eds., The Oxford Handbook of Comparative Constitutional Law 1057 (Oxford: Oxford University Press 2012). Chapter proofs online.

[abortion & genetic testing] “Mixed Messages: The Intersection of Prenatal Genetic Testing and Abortion” by Rachel Rebouché & Karen H. Rothenberg, Howard Law Journal, Vol. 55, No. 3, 2012, p. 983.
Article online

[CEDAW – right to health] The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary (Oxford University Press 2012) includes chapter on Article 12 (Health) by Rebecca Cook and Veronica Undurraga, which demonstrates how art. 12 has been and could be applied to discriminatory health situations.
Abstract of “Health” chapter online. 
Lowest price is at OUP UK: Info on 792-page book.
For additional 20% discount, blog subscribers may request flyer from reprohealth*law @ utoronto*ca

Conscientious Objection to Creating Same Sex Couples: An International Analysis, by Bruce MacDougall, Elsje Bonthuys, Kenneth McK. Norrie & Marjolein van den Brink, Canadian Journal of Human Rights (2012) 1(1): 128-164  Article online. 

Conscientious Objection –  list of our publications and projects, with links.

[Conscientious objection & abortion – Brazil]  “Aborto e objeção de consciência,” by Beatriz Galli, Jefferson Drezett, Mario Cavagna Neto,  64.2 Ciencia e Cultura,  São Paulo Apr./June 2012, 32-35. Article in Portuguese.

“Women, abortion and the new technical and policy guidance from WHO”   Mahmoud F Fathalla & Rebecca J Cook, Bulletin of the World Health Organization 90(2012): 712.  Article online here. 
Second edition of WHO Safe Abortion Guidance:
WHO Safe Abortion Guidance 2012.

The World’s Abortion Laws 2012 –  by the Center for Reproductive Rights:
Updated map online.

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

NEWS:

Australia: medical abortion ban repealed. RU486 medical abortion pill finally registered.  Next hurdle: getting the drug on the Pharmaceutical Benefits Scheme.  News item.

Brazilian government announces intentions to comply with CEDAW decision re maternal mortality case of Alyne da Silva Pimentel v. Brazil.  Announcement in English and Portuguese by Dhesca Brazil.
Dhescas earlier letter to President of Brazil et al, co-signed by 16 organizations.  English translation.

India: Crackdown on female foeticide in Maharashtra  creates shortage of abortion pill.  News item.

Poland: Campaign to liberalize Polish abortion law seeks signatures.  Petition online in English and Polish.

JOBS

Assistant Professor, Biomedical Ethics and the Law, Department of Community Medicine, Division of Public Health Law and Ethics, University of Connecticut.  Job details. 

Socio-Legal Research Consultant(s),  The International Planned Parenthood Federation (IPPF) seeks individuals/organisations qualified to undertake qualitative research on legal and policy barriers that young people face in accessing SRH services in the UK & two other countries to be chosen jointly by IPPF and the researcher. Contact Katherine Watson (kawatson @ ippf*org) for PDF outline.  Applications due Sept 25, 2012.

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

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


REPROHEALTHLAW listserve, Oct 22, 2011

October 23, 2011

COURT DECISIONS, NEWS & RESOURCES

COURTS:

Canadian Supreme Court – historic decision for harm reduction – Ministry of Health ordered to exempt Insite (safe injection site for drug users to reduce HIV transmission) from federal drug laws.  Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44, Docket  33556
decision online 

CEDAW –  maternal death in Brazil:   Alyne da Silva Pimentel Teixeira (deceased) v Brazil, CEDAW, UN Doc CEDAW/C/49/D/17/2008 (2011)  decision online  Commentary

Mexican Supreme Court dismisses unconstitutionality claim against constitutional amendments in 2 states protecting life from moment of conception. News item

New Zealand Court of Appeal and Supreme Court.  Abortion Supervisory Committee v. Right to Life New Zealand Inc.  [2011] NZCA 246.  Decision online    Commentary

CALLS:

[fellowship] Petrie-Flom Academic Fellowship 2012-2014, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics,  Harvard Law School, USA, Apply by Nov 14, 2011.  More info

[fellowship] John Peters Humphrey Fellowship in International Human Rights, 2012, for students in Canadian law & political science (or equivalent) faculties. Apply to Nov 15, 2011  More info

[papers] Journal of Health Politics, Policy and Law, special issue on public health law research.  submit paper by Mar 15, 2012. More info

[project funding] Calls for Proposals re funding re sexual/ repro health/rights projects offered by the European Union.  E-neus: Oct 17 edition  online here

EVENTS

(Canada) Reference Re Assisted Human Reproduction Act: Implications of the Supreme Court’s Decision,  symposium, November 4-5, 2011, Bennett Lecture Hall, Flavelle House, Faculty of Law,University of Toronto,Canada.  More info

NEWS:

Indonesia: Safe abortion hotline launched by Women on Waves.  More info

 Mexican president wants change in abortion stance under 1981 Pact of San Jose on Human Rights .  More info

RESOURCES

[abortion] Access to Information on Safe Abortion: A Harm Reduction and Human Rights Approach, by Joanna Erdman, Harvard Journal of Law & Gender, Vol. 34, pp. 413-462, 2011 . online at SSRN
 
[abortion, in Spanish] Special issue on abortion in “Cuestión de Derechos” with articles by Mercedes Cavallo and Paola Bergallo. online here

[access to medicines] IDPC Drug Policy Guide – global evidence & best practices on policy & program design
Executive Summary: English, Arabic, Chinese, Czech, French, ItalianRussian & Spanish
Full text (124 pages): English, French, Spanish, Russian, Georgian & HTML. .

[access to medicines, patents, India] “Freedom under TRIPS: India as an Example. By Cynthia M. Ho, in book: Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights, Oxford University Press, 2011 online at SSRN
 
[access to medicines, patents, Latin America]
—The Influence of the Andean Intellectual Property Regime on Access to Medicines in Latin America, by Laurence R Helfer & Karen J. Atler, in book: Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America, ed. Rochelle Dreyfuss, César Rodríguez Garavito, 2011. online at SSRN

—-The Rights-Based Approach to Intellectual Property and Access to Medicine: Parameters and Pitfalls, by Smita Narula, in book: Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America, ed. Rochelle Dreyfuss, César Rodríguez Garavito, 2011.  online at SSRN

[Africa] Health Care Challenges in Africa: Is Millennium Development Goal 8 an Adequate Panacea? (2011 working paper by Obiajulu Nnamuchi  & Simon Uche Ortuanya, suggests solutions to structural/operational difficultlies re international assistance). online at SSRN

[Conscience – individual, institutional]  Whose Conscience Counts? by Elizabeth Sepper, (2011).  working paper online

[homosexuality -Botswana,India,South Africa, US, Zimbabwe] Morality Tales in Comparative Jurisprudence: What the Law Says About Sex by Allison L. Jernow, analyzes use of public morality justifications in constitutional challenges to laws that criminalize same-sex sexual relationships, use of privacy and equality as counter-arguments to morality. AmsterdamLaw Forum, Vol. 3, No. 2, p. 4, 2011 .  online

Legal Perspectives on Gender and Sexual Equality, Amsterdam Law Forum, Vol 3, No 2 (2011). online

[rape] The Crime of Rape Under the Rome Statute of the ICC (with a Special Emphasis on the Jurisprudence of the Ad Hoc Criminal Tribunals) by Nicole Brigitte Maier, Amsterdam Law  Forum, Vol. 3, No. 2, p. 146, 2011 . online 

[same-sex rights] The Miraculous Year 2010 in United States’ Gay Rights Law: Anomaly or Tipping Point? By Arthur S. Leonard,  Amsterdam Law Forum, Vol. 3, No. 2, p. 176, 2011 .  online

Same-Sex Relationships in Europe: Trends Toward Tolerance?  By Ian Curry-Sumner,   Amsterdam Law Forum, Vol. 3, No. 2, p. 43, 2011 .  online

[same-sex marriage] The Institution of Marriage and Other Domestic Relations [re flaws of legalizing same-sex marriage] by Lynn D. Wardle, Amsterdam Law Forum, Vol. 3, No. 2, p. 160, 2011.  online

[sex-trafficking, Africa] Human Slavery’s New Era in Sub-Saharan Africa: Combating the Trafficking of Women and Girls for Sexual Exploitation, Report of Findings for Equality Now-Nairobi (August 13, 2010). By Kimberly Marie Brown   Online.

[sex work – India]  Legal Measures Towards Mainstreaming Indian Sex Workers: Would the Swedish Model Work in India? Working paper by Ankita Gulati online

Sexual And Reproductive Rights: More Than Just Health – analysis of Anand Grover’s report to the UN General Assembly, which  focuses on women’s freedom, decision-making, process, and autonomy – by Sandra Dughman Manzur with Shareen Gokal  Online analysis

Unequal in Exile: Gender Equality, Sexual Identity and Refugee Status(2011). By Dale Buscher,  Amsterdam Law Forum, Vol. 3, No. 2, p. 92, 2011 .  Online

 [VAW during wars] Contextualizing Sexual Violence Committed During the War on Terror: A Historical Overview of International Accountability [evolution of international norms re rape & sexual violence] by Alexa Koenig, Ryan S Lincoln & Lauren Groth. University of San Francisco Law Review, Vol. 45, No. 4, p. 911, 2011. online at SSRN

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