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Human Rights Law

2017

Schulich School of Law, Dalhousie University

Evidence-Based Practice

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Theorizing Time In Abortion Law And Human Rights, Joanna Erdman Jan 2017

Theorizing Time In Abortion Law And Human Rights, Joanna Erdman

Articles, Book Chapters, & Popular Press

The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by …