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Law and Gender

Cornell Law Faculty Publications

Reproductive rights

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Articles 1 - 5 of 5

Full-Text Articles in Law

To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb Sep 2009

To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb

Cornell Law Faculty Publications

This Article argues that an analysis of reproductive rights in the context of future generations yields three insights. First, potential people (who may or may not come into being) do not-by any prevailing approach to morality-have a right to be created by us. They may therefore be ethically "prevented" from coming into existence with what I call the "Offspring Selection Interest" ("OSI"). Second, the OSI is often conflated with the distinct reproductive rights interest in protecting one's body against unwanted intrusion, the "Bodily Integrity Interest" ("BII"), with resulting confusion for reproductive rights discourse. And third, once we distinguish the OSI …


Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen Jan 2009

Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen

Cornell Law Faculty Publications

This Article argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this Article recounts how the State's Family Planning Program violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and final …


Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen Jan 2009

Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen

Cornell Law Faculty Publications

This Article argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this Article recounts how the State's Family Planning Program violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This Article argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and …


Reproductive Injustice: An Analysis Of Nicaragua's Complete Abortion Ban, Jocelyn E. Getgen Jan 2008

Reproductive Injustice: An Analysis Of Nicaragua's Complete Abortion Ban, Jocelyn E. Getgen

Cornell Law Faculty Publications

No abstract provided.


Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb Jan 1992

Words That Deny, Devalue, And Punish: Judicial Responses To Fetus-Envy?, Sherry F. Colb

Cornell Law Faculty Publications

Abstract needed.