Reproductive Health Law


Book Description




Reproductive Health and Human Rights


Book Description

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




The Right to Know


Book Description

This book documents the massive deprivation of human rights resulting from governmental censorship, manipulation, and control of reproductive health and sexuality information. The introductory chapter applies a human rights perspective to reproductive health to show that women must have full and impartial information to be able to choose services which further their goals rather than governmental policies. Examples of different types of state manipulation are provided, and demographic, biomedical, and reproductive health paradigms of contraceptive delivery programs are described. Chapter 2 identifies the binding obligations imposed on governments by the international principle that women have a right to appropriate reproductive health information. The third chapter provides a global overview of such topics as health expenditures, fertility rates, infertility, literacy and education, infant and child mortality, maternal mortality, child spacing, contraceptive usage, unmet need, abortion, HIV/AIDS, and sexually transmitted diseases (STDs). Chapters 4-13 present country reports for Algeria, Brazil, Chile, Ireland, Kenya, Malawi, Pakistan, the Philippines, Poland, and the US. The country reports reveal the overwhelming need of women to have access to this information and the innumerable ways in which governments control such access. The country reports also describe factors such as religion, culture, tradition, state of development, and influence of foreign donors which have an impact on access to information. Each country report ends with specific recommendations, and the concluding chapter defines seven obligations of national governments imposed by the right to information contained in international law and contains recommendations of ways nongovernmental organizations can use these obligations to lobby governments for improvements.




Reproductive Health Law Survey


Book Description

In reproductive health (RH), commonlaw is instructive with respect to which arguments have not been advanced. RH law is a broader concept than the abortion rights, contraceptive access, procreative liberty, freedom of sexual expression, or patenting an invention. Featuring 62 multiple-choice questions at varying levels of difficulty, as well as 12 essay questions to give you practice issue-spotting and analyzing the law, this book covers various conflicts and tests in RH: constitutional law (freedom of expression, abortion rights, fetal viability, gender equality, advance directives, standing, constitutionality of several statutes), criminal law (indictment or arrest of a pregnant woman, maternal-fetal conflicts, fetal custody), contracts (arrangements under the Stark law, business associations, surrogacy contract), and intellectual property (patenting a matter of natural origin, trademarks and unfair competition, infringement, dilution, cybersquatting, and tarnishment disputes). The Law of Torts and the Law of the Patient Care (in the context of RH) are left for the upcoming serial. However, the current effort also covers malpractice suits.




Women's Health and the Limits of Law


Book Description

Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women’s health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.




Law, Policy and Reproductive Autonomy


Book Description

Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.







Issues in Reproductive Health Law in the Commonwealth


Book Description

The present report, designed for the 1986 Meetings of Commonwealth Ministers of Law and Health, addresses general issues in Commonwealth reproductive health law. An initial overview of reproductive health services includes consideration of maternal and child mortality and their impact on family life. Succeeding chapters address a variety of legal aspects of contraception, sterilization and abortion. Also addressed are legal aspects of responses to infertility. Prominent issues in contraception include the House of Lords' decision on adolescent access to contraceptive services in the widely discussed English Gillick case, and legal aspects of newer forms of contraception. Sterilization issues include discussion of the growing Commonwealth case law on legal consequences of sterilization failure. Abortion issues include new legislation in Barbados, Bermuda, Ghana and Montserrat and litigation in, for instance, Canada and Australia. Infertility is a growing problem in all parts of the Commonwealth. Causes of infertility are discussed, followed by consideration of legislation and proposals for legislation on human artificial reproduction. The Convention on the Elimination of All Forms of Discrimination Against Women is considered to warrant special attention by the audiences addressed in this report. Discussion draws attention to the Commonwealth Secretariat's accession kit developed to facilitate membership in this Convention by Commonwealth countries which have yet to make a legal commitment to its principles and reporting mechanisms. The call for equal access to health including family planning services must be heard by Law Ministers and Health Ministers alike.




Disease Control Priorities, Third Edition (Volume 2)


Book Description

The evaluation of reproductive, maternal, newborn, and child health (RMNCH) by the Disease Control Priorities, Third Edition (DCP3) focuses on maternal conditions, childhood illness, and malnutrition. Specifically, the chapters address acute illness and undernutrition in children, principally under age 5. It also covers maternal mortality, morbidity, stillbirth, and influences to pregnancy and pre-pregnancy. Volume 3 focuses on developments since the publication of DCP2 and will also include the transition to older childhood, in particular, the overlap and commonality with the child development volume. The DCP3 evaluation of these conditions produced three key findings: 1. There is significant difficulty in measuring the burden of key conditions such as unintended pregnancy, unsafe abortion, nonsexually transmitted infections, infertility, and violence against women. 2. Investments in the continuum of care can have significant returns for improved and equitable access, health, poverty, and health systems. 3. There is a large difference in how RMNCH conditions affect different income groups; investments in RMNCH can lessen the disparity in terms of both health and financial risk.




Sexual Health, Human Rights and the Law


Book Description

This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.