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Full-Text Articles in Law
Advancing Reproductive Justice In Latin America Through A Transitional Justice Lens, Rosario Grimà Algora
Advancing Reproductive Justice In Latin America Through A Transitional Justice Lens, Rosario Grimà Algora
Michigan Journal of Gender & Law
Reproductive autonomy is a pivotal part of women’s access to equal citizenship, yet it has not been included in any international nor regional human rights treaty. In the past decades, the U.N. Committees, notably the CEDAW Committee, and regional human rights bodies, particularly the Inter-American System for the Protection of Human Rights, have timidly advanced reproductive justice through their jurisprudence, including through the use of reparations. Drawing from the standards of reparations developed in the field of transitional justice, human rights bodies increasingly rely on reparations to enhance the transformative effects of their decisions. These reparations intend to include a …
Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji
Reproduction And Gender Self-Determination: Fertile Grounds For Trans Legal Advocacy, Samira Seraji
Michigan Journal of Gender & Law
Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their …