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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.
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.
Offers a unique analysis of abortion policy worldwide focusing on effects of civil society, national governments and intergovernmental organizations.
This book questions how abortion laws can be regulated in a time when abortion rights are still subject to intense debate. It addresses objections to basing abortion law on considerations of moral risk, presents two anti-abortion arguments – the deprivation argument and the substance view – to demonstrate the risk of permitting abortion, and discusses the moral risk of restricting access to abortion when it may unjustifiably harm women. The author also shows how welfare states can address the negative effects of restrictive abortion laws by preventive, mitigative and compensatory measures. This is a thought-provoking and challenging book that will be of great interest to those considering abortion laws across the fields of medical ethics, bioethics, moral philosophy, law and politics.
The definitive history of abortion in the United States, with a new preface that equips readers for what’s to come. When Abortion Was a Crime is the must-read book on abortion history. Originally published ahead of the thirtieth anniversary of Roe v. Wade, this award-winning study was the first to examine the entire period during which abortion was illegal in the United States, beginning in the mid-nineteenth century and ending with that monumental case in 1973. When Abortion Was a Crime is filled with intimate stories and nuanced analysis, demonstrating how abortion was criminalized and policed—and how millions of women sought abortions regardless of the law. With this edition, Leslie J. Reagan provides a new preface that addresses the dangerous and ongoing threats to abortion access across the country, and the precarity of our current moment. While abortions have typically been portrayed as grim "back alley" operations, this deeply researched history confirms that many abortion providers—including physicians—practiced openly and safely, despite prohibitions by the state and the American Medical Association. Women could find cooperative and reliable practitioners; but prosecution, public humiliation, loss of privacy, and inferior medical care were a constant threat. Reagan's analysis of previously untapped sources, including inquest records and trial transcripts, shows the fragility of patient rights and raises provocative questions about the relationship between medicine and law. With the right to abortion increasingly under attack, this book remains the definitive history of abortion in the United States, offering vital lessons for every American concerned with health care, civil liberties, and personal and sexual freedom.
Based on extensive original field research, this provocative collection presents case studies from Thailand, Cambodia, Burma, Vietnam, Bangladesh, Indonesia and India. It includes an insight into the conditions and hard choices faced by women and the circumstances surrounding unplanned pregnancies.
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.
"Now with a new afterword by the author"--Back cover.
The Clinical practice handbook for safe abortion care is intended to facilitate the practical application of the clinical recommendations from the second edition of Safe abortion: technical and policy guidance for health systems (World Health Organization [WHO] 2012). While legal, regulatory, policy and service-delivery contexts may vary from country to country, the recommendations and best practices described in both of these documents aim to enable evidence-based decision-making with respect to safe abortion care.
Few issues in contemporary U.S> politics have remained on the public agenda so long and so divisively as abortion policy. The landmark Supreme Court decision of Roe v. Waade, which held that laws prohibiting first trimester abortions were illegal because they violated a woman's right to privacy, still generates heated controversy today, a quarter of a century after it was made. The seeds of that controversy were sown in the seven years immediately preceding Roe, when state legislatures tried to reconcile religious opposition to abortion and individuals' civil liberties. In this groundbreaking book, Rosemary Nossiff examines the force that shaped abortion policy during those years, and the ways in which states responded to them. To provide in-depth analysis while still looking broadly at the picture, she studies New York, which passed the most permissive abortion bill in the country, and Pennsylvania, which passed one of the most restrictive. That these two states, which share similar demographic, political, and economic characteristics, should reach two such different outcomes provides a perfect case study for observing political dynamics at the state level. Nossiff examines the medical, religious, and legal discourses employed on both sides of the debate, as well as the role played by feminist discourse. She looks at the role of the political parties in the campaigns, as well as such interest groups as the National Council of Catholic Bishops, the Clergy Consultation Service, the National Organization for Women, and the National Association for the Repeal of Abortion Laws. In addition, she analyzes the strategies used by both sides, as well as partisan and institutionalized developments that facilitated success or failure. Finally, in the Epilogue, she assesses the Roe decision and its aftermath, including an analysis of the pro-life movement in Pennsylvania. As the author remarks, "Without question people's positions on abortion are shaped by a myriad of social, moral, and economic factors. But ultimately abortion policy is shaped in the political arena. This book examines how one of the most intimate decisions a woman makes, whether to continue or terminate a pregnancy, has become one of the most politicized issues in contemporary American politics.