Abortion Law in Transnational Perspective

Cases and Controversies
Author: Rebecca J. Cook,Joanna N. Erdman,Bernard M. Dickens
Publisher: University of Pennsylvania Press
ISBN: 0812246276
Category: Law
Page: 480
View: 3548

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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.

Women's Human Rights and Migration

Sex-Selective Abortion Laws in the United States and India
Author: Sital Kalantry
Publisher: University of Pennsylvania Press
ISBN: 081224933X
Category: Law
Page: 272
View: 8112

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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.

Integrated Human Rights in Practice

Rewriting Human Rights Decisions
Author: Eva Brems,Ellen Desmet
Publisher: Edward Elgar Publishing
ISBN: 178643380X
Category: Human rights
Page: 552
View: 9292

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This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.

The International Struggle for New Human Rights


Author: Clifford Bob
Publisher: University of Pennsylvania Press
ISBN: 0812201345
Category: Political Science
Page: 208
View: 9274

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In recent years, aggrieved groups around the world have routinely portrayed themselves as victims of human rights abuses. Physically and mentally disabled people, indigenous peoples, AIDS patients, and many others have chosen to protect and promote their interests by advancing new human rights norms before the United Nations and other international bodies. Often, these claims have met strong resistance from governments and corporations. More surprisingly, even apparent allies, such as Amnesty International, Human Rights Watch, and other nongovernmental organizations, have voiced misgivings, arguing that rights "proliferation" will weaken efforts to protect their traditional concerns: civil and political rights. Why are certain global problems recognized as human rights issues while others are not? How do local activists transform long-standing problems into universal rights claims? When and why do human rights groups, governments, and international organizations endorse new rights? The International Struggle for New Human Rights is the first book to address these issues. Focusing on activists who advance new rights, the book introduces a framework for understanding critical strategies and conflicts involved in the struggle to persuade the human rights movement to move beyond traditional problems and embrace pressing new ones. Essays in the volume consider rights activism by such groups as the South Asian Dalits, sexual minorities, and children of wartime rape victims, while others explore new issues such as health rights, economic rights, and the right to water. Examining both the successes and failures of such campaigns, The International Struggle for New Human Rights will be a key resource not only for scholars but also for those on the front lines of human rights work.

The Oxford Handbook of Law, Regulation and Technology


Author: Roger Brownsword,Eloise Scotford,Karen Yeung
Publisher: Oxford University Press
ISBN: 0199680833
Category: Law
Page: 1360
View: 3748

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The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Gender Stereotyping

Transnational Legal Perspectives
Author: Rebecca J. Cook,Simone Cusack
Publisher: University of Pennsylvania Press
ISBN: 0812205928
Category: Law
Page: 288
View: 2975

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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.

Transcending Borders

Abortion in the Past and Present
Author: Shannon Stettner,Katrina Ackerman,Kristin Burnett,Travis Hay
Publisher: Springer
ISBN: 3319483994
Category: Social Science
Page: 346
View: 1586

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This multidisciplinary volume investigates different abortion and reproductive practices across time, space, geography, national boundaries, and cultures. The authors specialize in the reproductive politics of Australia, Bolivia, Cameroon, France, ‘German East Africa,’ Ireland, Japan, Sweden, South Africa, the United States, and Zanzibar, with historical focuses on the pre-modern era, nineteenth and twentieth centuries, as well as the present day. This timely work complicates the many histories and ongoing politics of abortion by exploring the conditions in which women have been forced to make these life-altering decisions.

Reproductive Health and Human Rights

Integrating Medicine, Ethics, and Law
Author: Rebecca J. Cook,Bernard M. Dickens,Mahmoud F. Fathalla
Publisher: Clarendon Press
ISBN: 0191553832
Category: Philosophy
Page: 582
View: 5209

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The concept of reproductive health promises to play a crucial role in improving women's health and rights around the world. It was internationally endorsed by a United Nations conference in 1994, but remains controversial because of the challenge it presents to conservative agencies: it challenges policies of suppressing public discussion on human sexuality and regulating its private expressions. Reproductive Health and Human Rights is designed to equip healthcare providers and administrators to integrate ethical, legal, and human rights principles in protection and promotion of reproductive health, and to inform lawyers and women's health advocates about aspects of medicine and healthcare systems that affect reproduction. Rebecca Cook, Bernard Dickens, and Mahmoud Fathalla, leading international authorities on reproductive medicine, human rights, medical law, and bioethics, integrate their disciplines to provide an accessible but comprehensive introduction to reproductive and sexual health. They analyse fifteen case-studies of recurrent problems, focusing particularly on resource-poor settings. Approaches to resolution are considered at clinical and health system levels. They also consider kinds of social change that would relieve the underlying conditions of reproductive health dilemmas. Supporting the explanatory chapters and case-studies are extensive resources of epidemiological data, human rights documents, and research materials and websites on reproductive and sexual health. In explaining ethics, law, and human rights to healthcare providers and administrators, and reproductive health to lawyers and women's health advocates, the authors explore and illustrate limitations and dysfunctions of prevailing health systems and their legal regulation, but also propose opportunities for reform. They draw on the values and principles of ethics and human rights recognized in national and international legal systems, to guide healthcare providers and administrators, lawyers, governments, and national and international agencies and legal tribunals. Reproductive Health and Human Rights will be an invaluable resource for all those working to improve services and legal protection for women around the world. Updates to this book, and information on translations to French, Spanish, Portuguese, Chinese and Arabic are now available at www.law.utoronto.ca/faculty/cook/ReproductiveHealth.html

Human Rights of Women

National and International Perspectives
Author: Rebecca J. Cook
Publisher: University of Pennsylvania Press
ISBN: 0812201663
Category: Law
Page: 656
View: 1508

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Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.

Empowering Women

Land and Property Rights in Latin America
Author: Carmen Diana Deere,Magdalena León de Leal
Publisher: University of Pittsburgh Pre
ISBN: 9780822972327
Category: History
Page: 486
View: 8315

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The expansion of married women's property rights was a main achievement of the first wave of feminism in Latin America. As Carmen Diana Deeere and Magdalena Leon reveal, however, the disjuncture between rights and actual ownership remains vast. This is particularly true in rural areas, where the distribution of land between men and women is highly unequal. In their pioneering, twelve-country comparative study, the authors argue that property ownership is directly related to women's bargaining power within the household and community, point out changes resulting from recent gender-progressive legislation, and identify additional areas for future reform, including inheritance rights of wives.

Women's Human Rights

The International and Comparative Law Casebook
Author: Susan Deller Ross
Publisher: University of Pennsylvania Press
ISBN: 0812200020
Category: Law
Page: 704
View: 3269

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According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Human Trafficking, Human Misery

The Global Trade in Human Beings
Author: Alexis A. Aronowitz
Publisher: Greenwood Publishing Group
ISBN: 0275994813
Category: Social Science
Page: 285
View: 8084

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This volume takes a global perspective and uses first-hand accounts and stories to examine the problem of human trafficking in its various manifestations around the world.

Pan American Women

U.S. Internationalists and Revolutionary Mexico
Author: Megan Threlkeld
Publisher: University of Pennsylvania Press
ISBN: 0812246330
Category: History
Page: 256
View: 777

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In the years following World War I, women activists in the United States and Europe saw themselves as leaders of a globalizing movement to promote women's rights and international peace. In hopes of advancing alliances, U.S. internationalists such as Jane Addams, Carrie Chapman Catt, and Doris Stevens reached across the border to their colleagues in Mexico, including educator Margarita Robles de Mendoza and feminist Hermila Galindo. They established new organizations, sponsored conferences, and rallied for peaceful relations between the two countries. But diplomatic tensions and the ongoing Mexican Revolution complicated their efforts. In Pan American Women, Megan Threlkeld chronicles the clash of political ideologies between U.S. and Mexican women during an era of war and revolution. Promoting a "human internationalism" (in the words of Addams), U.S. women overestimated the universal acceptance of their ideas. They considered nationalism an ethos to be overcome, while the revolutionary spirit of Mexico inspired female citizens there to embrace ideas and reforms that focused on their homeland. Although U.S. women gradually became less imperialistic in their outlook and more sophisticated in their organizational efforts, they could not overcome the deep divide between their own vision of international cooperation and Mexican women's nationalist aspirations. Pan American Women exposes the tensions of imperialism, revolutionary nationalism, and internationalism that challenged women's efforts to build an inter-American movement for peace and equality, in the process demonstrating the importance of viewing women's political history through a wider geographic lens.

Approaches and Methodologies in the Social Sciences

A Pluralist Perspective
Author: Donatella Della Porta,Michael Keating
Publisher: Cambridge University Press
ISBN: 1139474596
Category: Political Science
Page: N.A
View: 4319

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A revolutionary textbook introducing masters and doctoral students to the major research approaches and methodologies in the social sciences. Written by an outstanding set of scholars, and derived from successful course teaching, this volume will empower students to choose their own approach to research, to justify this approach, and to situate it within the discipline. It addresses questions of ontology, epistemology and philosophy of social science, and proceeds to issues of methodology and research design essential for producing a good research proposal. It also introduces researchers to the main issues of debate and contention in the methodology of social sciences, identifying commonalities, historic continuities and genuine differences.

Baby Markets

Money and the New Politics of Creating Families
Author: Michele Goodwin
Publisher: Cambridge University Press
ISBN: 0521513731
Category: Family & Relationships
Page: 314
View: 5269

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Creating families can no longer be described by heterosexual reproduction in the intimacy of a couple's home and the privacy of their bedroom. To the contrary, babies can be brought into families through complex matrixes involving lawyers, coordinators, surrogates, 'brokers', donors, sellers, endocrinologists, and without any traditional forms of intimacy. In direct response to the need and desire to parent, men, women, and couples - gay and straight - have turned to viable, alternative means: baby markets. This book examines the ways in which Westerners create families through private, market processes. From homosexual couples skirting Mother Nature by going to the assisted reproductive realm and buying the sperm or ova that will complete the reproductive process, to Americans travelling abroad to acquire children in China, Korea, or Ethiopia, market dynamics influence how babies and toddlers come into Western families. Michele Goodwin and a group of contributing experts explore how financial interests, aesthetic preferences, pop culture, children's needs, race, class, sex, religion, and social customs influences the law and economics of baby markets.

Defending Battered Women on Trial

Lessons from the Transcripts
Author: Elizabeth A. Sheehy
Publisher: UBC Press
ISBN: 0774826533
Category: Family & Relationships
Page: 492
View: 567

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In the landmark Lavallee decision of 1990, the Supreme Court of Canada ruled that evidence of "battered woman syndrome" was admissible in establishing self-defence for women accused of killing their abusive partners. This book looks at the trials of eleven battered women, ten of whom killed their partners, in the fifteen years since Lavallee. Drawing extensively on trial transcripts and a rich expanse of interdisciplinary sources, the author looks at the evidence produced at trial and at how self-defence was argued. By illuminating these cases, this book uncovers the practical and legal dilemmas faced by battered women on trial for murder.

Reproductive Freedom, Torture and International Human Rights

Challenging the Masculinisation of Torture
Author: Ronli Sifris
Publisher: Routledge
ISBN: 1135115214
Category: Law
Page: 336
View: 8162

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This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women’s reproductive freedom within the framework of the right to be free from torture. The book considers the gendered nature of international law and the gender dimensions of the right to be free from torture. It examines the extension of the prohibition of torture to encompass situations beyond the traditional detainee context in recent years to encompass situations such as rape and female genital mutilation. It goes on to explore in detail whether denying access to abortion and involuntary sterilization constitutes torture or other cruel, inhuman or degrading treatment under international law. The book looks at whether limitations on reproductive freedom meet the determining criteria of torture which are: severe pain or suffering; being intentionally inflicted; being based on discrimination; linked in some way to a State official; whether they constitute lawful sanctions; and the importance of the concept of powerlessness. In doing so the book also highlights how this right may be applicable to other gender-based abuses including female genital mutilation, and how this right may be universally applied to allow women worldwide the right to reproductive freedom.

Practice and Theory in Comparative Law


Author: Maurice Adams,Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 113953646X
Category: Law
Page: N.A
View: 2396

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What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.