By Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens
It is more and more unbelievable to talk of a in basic terms household abortion legislation, because the criminal debates around the globe draw on precedents and impacts of alternative nationwide and neighborhood contexts. whereas the USA and Western Europe can have been the forefront of abortion legislations reform within the latter 1/2 the 20th century, significant and South the US are proving to be laboratories of concept and innovation within the twenty-first century, as are specific international locations in Africa and Asia. Abortion legislations in Transnational Perspective bargains a clean examine major transnational criminal advancements lately, analyzing key judicial judgements, constitutional texts, and regulatory reforms of abortion legislations as a way to envision methods ahead.
The chapters examine problems with entry, rights, and justice, in addition to social buildings of girls, sexuality, and being pregnant, via diversified felony strategies and regimes. They handle the guarantees and dangers of utilizing criminal approach to accomplish reproductive justice from diverse nationwide, nearby, and overseas vantage issues; how public and court debates are framed inside scientific, spiritual, and human rights arguments; the which means of alternative narratives that recur in abortion litigation and language; and the way admire for girls and prenatal existence is expressed in numerous criminal regimes. via exploring how criminal actors recommend, control, and adjudicate the problem of abortion, this well timed quantity seeks to construct on latest advancements to lead to switch of a bigger order.
Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. prepare dinner, 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.
Read or Download Abortion Law in Transnational Perspective: Cases and Controversies (Pennsylvania Studies in Human Rights) PDF
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Extra resources for Abortion Law in Transnational Perspective: Cases and Controversies (Pennsylvania Studies in Human Rights)
79 In striking down the spousal notice provision, the Court again invoked liberty and equality values, explaining how women’s standing as citizens had evolved with changing understandings of women’s roles: “Only one generation has passed since this Court observed that “woman is still regarded as the center of home and family life,” with attendant “special responsibilities” that precluded full and independent legal status under the Constitution. . ”81 In 1990s, the Federal Constitutional Court would reaffirm this understanding, but in a framework that indirectly afforded far greater recognition to women’s autonomy in making decisions about motherhood.
9 percent to be exact—rejected the proposal. Several factors explained the “no” victory. First, civil society groups, including conservative law professors,37 and, more significantly, the Catholic Church38 had waged a strong and evidently successful fight against liberalization. indd 42 22734 5/13/14 7:55 AM Abortion in Portugal 43 the Communists failed to create a common front for liberalization. The Socialist Party was internally divided on the question, and maintained a lukewarm position in the referendum campaign, allowing for votes of conscience not along party lines.
Respecting Women’s Dignity: Periodic Legislation This approach, originating in the United States, constitutionalizes the regulation of abortion with attention to women’s autonomy and welfare. , for life or health). This approach begins in court decisions but now also finds expression in constitutionalized preambles. indd 29 22734 5/13/14 7:55 AM 30 Constitutional Values and Regulatory Regimes provision that guarantees Mexican citizens the freedom to decide the number and spacing of children;94 the preamble to the Mexico City statute provides: “Sexual and reproductive health care is a priority.