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It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Contributors: Barbara Baird, Niklas Barke, Anna Bogic, Hayley Brown, Lori A. Brown, Cathrine Chambers, Ewelina Ciaputa, Gayle Davis, Mary Gilmartin, Agata Ignaciuk, Sinéad Kennedy, Lena Lennerhed, Jo-Ann MacDonald, Colleen MacQuarrie, Jane O'Neill, Clare Parker, Christabelle Sethna, Sally Sheldon
In Women's Human Rights and Migration, Sital Kalantry examines the laws to ban sex-selective abortion in the United States and India to argue for a transnational feminist legal approach to evaluating prohibitions on the practices of immigrant women that raise human rights concerns.
Reproductive Health and Human Rights: The Way Forward critically reflects on the past fifteen years of international efforts aimed at improving health, alleviating poverty, diminishing gender inequality, and promoting human rights. The volume includes essays by leading scholars and practitioners that are centered on the 1994 United Nations International Conference on Population and Development (ICPD) and its resulting Programme of Action. ICPD, an agreement among 179 governments, UN agencies, and NGOs, was intended to shape population and development policy—reinterpreted and redefined as "reproductive health." More than a decade after the enthusiasm that accompanied ICPD, there is growing concern about its effectiveness in the context of global health and development. Reproductive Health and Human Rights addresses that concern. The book grapples with fundamental questions about the relationships among population, fertility decline, reproductive health, human rights, poverty alleviation, and development and assesses the various arguments—demographic, public health, human rights-based, and economic—for and against ICPD today. A number of the chapters address institutional challenges to ICPD and consider how the changing political, religious, academic, and disciplinary contexts matter. Other chapters engage operational and conceptual issues and whether ICPD has been able to move the reproductive health agenda forward on topics such as maternal mortality, abortion, HIV/AIDS, adolescents, reproductive technologies, and demography. Finally, several chapters examine how ICPD has been sidelined by emerging health and development agendas and what could be done in response. Unlike any book yet published, Reproductive Health and Human Rights: The Way Forward examines the state of the arguments for reproductive health and rights from a multidisciplinary perspective that provides policymakers, scholars, and activists with a better understanding of how reproductive health and rights have developed, their place in the global policy agenda, and how they might evolve most effectively in the future.
This multidisciplinary review of abortion is invaluable reading for clinicians and other care providers in the area of women's health.
This book interrogates the politics of sexual and reproductive rights from a transnational feminist perspective. Taking an intersectional and interdisciplinary approach, the book provides the reader with a nuanced and in depth understanding of the role that forces of globalization have played in women's sexual and reproductive lives in the 21st century. The book begins with an examination of the significance of transnational women's health movement(s) as a response to the convergence of social, political, and economic forces unique to the current globalized era. Subsequent chapters examine these forces as they play out in socially and geographically specific locations. The book is organized into four thematic sections: the continuing impacts of colonization on women's bodies and sexual and reproductive health; interactions between the State, the law, and sexual and reproductive rights; the ways in which migration shapes women's sexual and reproductive health experiences; and the engagement with transnational politics by women's health organizers. Within these themes, case studies of Ireland, India, Senegal, Colombia, Mexico, Uganda, and the United States are highlighted. In addition, specific issues such as sex selection and son preference, the criminalization of abortion, mental and physical health needs of migrant women, indigenous rights, and population control and family planning policies are tackled. Contributors include activists working on the ground as well as scholars and researchers. engagement with transnational politics by women's health organizers. Within these themes, case studies of Ireland, India, Senegal, Colombia, Mexico, Uganda, and the United States are highlighted. In addition, specific issues such as sex selection and son preference, the criminalization of abortion, mental and physical health needs of migrant women, indigenous rights, and population control and family planning policies are tackled. Contributors include activists working on the ground as well as scholars and researchers.
What are the contemporary issues in abortion politics globally? What factors explain variations in access to abortion between and within different countries? This text provides a transnationally-focused, interdisciplinary analysis of trends in abortion politics using case studies from around the Global North and South. It considers how societal influences, such as religion, nationalism and culture, impact abortion law and access. It explores the impact of international human rights norms, the increasing displacement of people due to conflict and crisis and the role of activists on law reform and access. The book concludes by considering the future of abortion politics through the more holistic lens of reproductive justice. Utilising a unique interdisciplinary approach, this book provides a major contribution to the knowledge base on abortion politics globally. It provides an accessible, informative and engaging text for academics, policy makers and readers interested in abortion politics.
Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Violence against women is characterised by its universality, the multiplicity of its forms, and the intersectionality of diverse kinds of discrimination against women. Great emphasis in legal analysis has been placed on sex-based discrimination; however, in investigations of violence, one aspect has been overlooked: violence may severely affect women’s health and access to reproductive health, and State health policies might be a cause of violence against women. Exploring the relationship between violence against women and women’s rights to health and reproductive health, Sara De Vido theorises the new concept of violence against women’s health in international law using the Hippocratic paradigm, enriching human rights-based approaches to women’s autonomy and reflecting on the pervasiveness of patterns of discrimination. At the core of the book are two dimensions of violence: horizontal ‘inter-personal’, and vertical ‘state policies’. Investigating these dimensions through decisions made by domestic, regional and international judicial or quasi-judicial bodies, De Vido reconceptualises States’ obligations and eventually asks whether international law itself is the ultimate cause of violence against women’s health.
At a UN General Assembly Special Session in 1999, governments recognised unsafe abortion as a major public health concern, and pledged their commitment to reduce the need for abortion through expanded and improved family planning services, as well as ensure abortion services should be safe and accessible. This technical and policy guidance provides a comprehensive overview of the many actions that can be taken in health systems to ensure that women have access to good quality abortion services as allowed by law.