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Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen
Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen
Cornell Law School Berger International Speaker Papers
This presentation 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 presentation 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 presentation argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and final …
To Whom Do We Refer When We Speak Of Obligations To "Future Generations"? Reproductive Rights And The Intergenerational Community, Sherry F. Colb
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 …
Offspring And Bodies: Dependency And Vulnerability In The Constitutional Jurisprudence Of Reproductive Rights, Ann Shalleck
Offspring And Bodies: Dependency And Vulnerability In The Constitutional Jurisprudence Of Reproductive Rights, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
In this article, the author responds to Sherry Colb’s argument in "To Whom Do We Refer When We Speak of Obligations to “Future Generations”? Reproductive Rights and the Intergenerational Community," (77 GEO. WASH. L. REV. 1582 (2009)). Colb offered a new way to consider reproductive rights by delineating two distinct and not always overlapping interests at stake in giving meaning to and shaping the contours of the rights implicated in reproductive decisions. Through differentiating interests in bodily integrity and offspring selection, Colb disentangled underlying justifications for legal advocacy and judicial decisions and offered an interpretive frame through which to consider …
Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen
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
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 …