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The International Human Right To Safe And Humane Treatment During Pregnancy And A Theory For Its Application In U.S. Courts, Hilary Hammell
The International Human Right To Safe And Humane Treatment During Pregnancy And A Theory For Its Application In U.S. Courts, Hilary Hammell
Hilary Hammell
Under international human rights law, every woman has the right to safe and humane treatment during pregnancy, labor, and childbirth. This article examines the content of that human right as it exists under international law, and suggests one theory –international customary law – for its application in U.S. court cases challenging the treatment of pregnant women in custody. Using Juana Villegas v. Metropolitan Government of Davidson County as a case study, this article argues that international law should be used as binding law, not just as a tool for Eighth Amendment interpretation, and is especially relevant when non-citizen pregnant women …