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: 4183

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: 1764

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: 995

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: 4986

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: 1246

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 Cook,Simone Cusack

Publisher: University of Pennsylvania Press

ISBN: 0812221621

Category: Law

Page: 288

View: 9038

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.

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: 2000

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.

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: 3960

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

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: 3765

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.

Human Rights of Women

National and International Perspectives

Author: Rebecca J. Cook

Publisher: University of Pennsylvania Press

ISBN: 0812201663

Category: Law

Page: 656

View: 4991

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.

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: 8025

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.

Northern / Irish Feminist Judgments

Judges' Troubles and the Gendered Politics of Identity

Author: Máiréad Enright,Julie McCandless,Aoife O'Donoghue

Publisher: Bloomsbury Publishing

ISBN: 1509908943

Category: Law

Page: 624

View: 5052

The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

Pan American Women

U.S. Internationalists and Revolutionary Mexico

Author: Megan Threlkeld

Publisher: University of Pennsylvania Press

ISBN: 0812246330

Category: History

Page: 256

View: 4598

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.

Imagining Law:

Essays in Conversation with Judith Gardam

Author: Dale Stephens,Paul Babie

Publisher: University of Adelaide Press

ISBN: 192526131X

Category: Law

Page: 332

View: 510

By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.

Defending Battered Women on Trial

Lessons from the Transcripts

Author: Elizabeth A. Sheehy

Publisher: UBC Press

ISBN: 0774826533

Category: Family & Relationships

Page: 492

View: 3278

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.

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: 6523

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.

Practice and Theory in Comparative Law

Author: Maurice Adams,Jacco Bomhoff

Publisher: Cambridge University Press

ISBN: 113953646X

Category: Law

Page: N.A

View: 1151

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.

Comparative Law as Transnational Law

A Decade of the German Law Journal

Author: Russell A. Miller,Peer Zumbansen

Publisher: Oxford University Press, USA

ISBN: 0199795207

Category: Law

Page: 501

View: 5731

This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.

The Troubled Pregnancy

Legal Wrongs and Rights in Reproduction

Author: J. K. Mason

Publisher: Cambridge University Press

ISBN: 1139463888

Category: Law

Page: N.A

View: 4390

Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.

Beyond Territoriality

Transnational Legal Authority in an Age of Globalization

Author: Gunther Handl,Joachim Zekoll,Peer Zumbansen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004227091

Category: Law

Page: 584

View: 1255

This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.