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Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks
Danielle Y Blanks
Despite similarly progressive abortion rights laws, women in South Africa and the U.S. experience completely different levels of access to legal and safe abortions. In this paper, I will seek to explain the reasons for this disparity by describing the ways in which natural law has influenced the application of law in the U.S. and South Africa while examining the role of cultural values in the realization of abortion rights. I will take an integrative approach to explain ideological similarities and a contrastive approach to denote the cultural differences that have led to a de facto marginalization of South African …
Act 301 (14-1891) Amicus Brief, Curtis J. Neeley Jr
Act 301 (14-1891) Amicus Brief, Curtis J. Neeley Jr
Curtis J Neeley Jr
Apparently no law school or media read the Roe v Wade ruling since 1973 and use the contentious issue to raise money.
Artavia Murillo V. Costa Rica: The Inter-American Court On Human Rights’ Promotion Of Non-Existent Human Rights Obligations To Authorize Artificial Reproductive Technologies, Ligia M. De Jesus
Ligia M. De Jesus
In Artavia Murillo v. Costa Rica, the Inter-American Court on Human Rights examined the question of whether Costa Rica may, under the American Convention on Human Rights, protect human embryos from destruction by banning in vitro fertilization (IVF) in its jurisdiction. The case provoked the Inter-American Court of Human Rights' first debate on the existence of international human rights obligations to authorize and fund artificial reproductive technologies as well as its first interpretation on the right to life from conception, established in Article 4(1) of the American Convention. In the judgment, issued over one year ago, the Inter-American court held …
Abortion In Latin America And The Caribbean: A Comparative Analysis Of Domestic Laws And Relevant Jurisprudence Following The Adoption Of The American Convention On Human Rights, Ligia M. De Jesus
Ligia M. De Jesus
Laws prohibiting abortion and laws allowing it under certain circumstances coexist in Latin America and Caribbean. This paper examines whether these sets of norms evince any consistencies in the region as a whole and whether recent trends in legislation and jurisprudence favor recognition of abortion rights. The paper carries out a comparative analysis of relevant Latin American and Caribbean national constitutions, primary laws (i.e. laws that prevail over lesser regulations or administrative directives), domestic jurisprudence and high court decisions on abortion. The question is relevant for the purposes of treaty interpretation, particularly the interpretation of the American Convention on Human …
Treaty Interpretation Of The Right To Life Before Birth By Latin American And Caribbean States: An Analysis Of International Treaty Obligations, Regional Agreements And Relevant State Practice, Ligia M. De Jesus
Ligia M. De Jesus
Even though non-judicial international human rights bodies routinely promote the understanding that the Convention on the Rights of the Child and the American Convention on Human Rights mandate the legalization of abortion, states parties have authoritatively interpreted their treaty obligations otherwise. This article examines, in particular, evidence of Latin American and Caribbean states’ interpretation of these treaties as recognizing and protecting the unborn child’s right to life and health in a comprehensive manner, as well as evidence of their rejection of abortion rights in international fora. Section II discusses international treaties ratified by Latin American and Caribbean states that explicitly …
Post Baby Boy V. United States Developments In The Inter-American System Of Human Rights: Inconsistent Application Of The American Convention’S Protection Of The Right To Life From Conception, Ligia M. De Jesus
Ligia M. De Jesus
This article examines the question of whether the Inter-American system of human rights has effectively applied article 4(1) the American Convention on Human Rights (hereinafter American Convention or Convention), which protects the right to life from the moment of conception and, if so, to what extent. The paper carries out a critical assessment of the Inter-American system’s current application of article 4(1), which stands out among other international human rights treaties for its explicit recognition that human life begins at conception and for its unequivocal protection of the unborn child’s right to life in utero. Section II looks at the …
Revisiting Baby Boy V. United States: Why The Iachr Resolution Did Not Effectively Undermine The Inter-American System On Human Rights’ Protection Of The Right To Life From Conception, Ligia M. De Jesus
Ligia M. De Jesus
Not many are aware Roe v. Wade and Doe v. Bolton were challenged before the Inter-American Commission on Human Rights (IACHR) in 1981. In Baby Boy v. United States, the quasi-judicial regional human rights body concluded that the abortion of Baby Boy, a viable male fetus, was permissible under the American Declaration of the Rights and Duties of Man and, incidentally, the American Convention on Human Rights, notwithstanding the fact that the latter protects the right to life "from the moment of conception" and the former contains an implied right to life for every "human being". In addition, the Commission …
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman
D. A. Jeremy Telman
This article looks at abortion regulation in Germany in the context of the full range of laws through which the state specifies the status of women as legal persons. Reviewing Germany's most important abortion law decisions in 1975 and 1993, the article contends that while the Constitutional Court struck a balance between the East German legacy of reproductive freedom and West Germany's robust protections of the right to life, it did so by undermining the legal structures that had facilitated full civil, economic and political equality for women in East Germany through legal regimes geared towards protecting women's reproductive autonomy.