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Articles 1 - 9 of 9

Full-Text Articles in Law

Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook Sep 2009

Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché Sep 2009

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda Sep 2009

"The Distant 'Big' Hospital": Linking Development, Poverty And Reproductive Health-A Gender Mainstreaming Approach, Edith Miguda

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye Sep 2009

Realizing Access To Sexual Health Information And Services For Adolescents Through The Protocol To The African Charter On The Rights Of Women, Ebenezer Durojaye

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi Jan 2009

Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi

Faculty Publications

The right to participation is the “the right of rights” — the basic right of people to have a say in how decisions that affect their lives are made. All legally binding international human rights treaties explicitly recognize the essential role of participation in realizing fundamental human rights. While the substance of the human right to health has been extensively developed, the right to participation as one of its components has remained largely unexplored. Should rights-based health advocacy focus on participation because there is a relationship between an individual’s or a community’s active involvement in health care decision-making and the …


Moral Authority In English And American Abortion Law, Joanna Erdman Jan 2009

Moral Authority In English And American Abortion Law, Joanna Erdman

Articles, Book Chapters, & Popular Press

In R. (on the application of Axon) v. Secretary of State for Health & Another, the English High Court affirmed that young women are entitled to seek and receive sexual health care, including abortion care, without parental notification. This chapter examines the Court’s use of comparative constitutional authorities in its reasoning, focusing on the rejection of American authorities. Contrast and rejection, it is argued, can be an exercise in self-reflection, revealing how a court understands its own constitutional approach. Aversive constitutionalism presents opportunities to deconstruct claimed similarities and differences in constitutional approaches, to uncover and contest characteristics and assumptions otherwise …


Human Rights In Health Equity: Cervical Cancer And Hpv Vaccines, Joanna Erdman Jan 2009

Human Rights In Health Equity: Cervical Cancer And Hpv Vaccines, Joanna Erdman

Articles, Book Chapters, & Popular Press

This article seeks to demonstrate that health equity, as an empirical and normative concept, is reflected in the human rights to health and equality under international law. The obligations on government that flow from health equity as a human right are then examined. These include the obligation to act in pursuit of health equity as a policy objective, and the obligation to enact measures to ensure health equity as a policy outcome. These obligations are considered in relation to a promising remedial measure for social disparities in cervical cancer: HPV vaccines.


Toward An Architecture Of Health Law, Wendy K. Mariner Jan 2009

Toward An Architecture Of Health Law, Wendy K. Mariner

Faculty Scholarship

This article examines 3 questions: What is an academic field of law? Is health law such a field? If it is, how can or should it be described? The first question may have no answer; scholars and practicing lawyers have fashioned their owns spheres of expertise. Describing health law faces particular challenges, including the breadth of applicable doctrines and the decline of unique medically-oriented adaptations of general principles. The article offers a blueprint based on the health and human rights framework as a functional description of the eclectic and translegal field of health law. This approach can identify the principles …


Protecting Hiv Positive Women’S Human’S Rights: Recommendations For The Obama Administration, Aziza Ahmed, Catherine Hanssens, Brook Kelly Jan 2009

Protecting Hiv Positive Women’S Human’S Rights: Recommendations For The Obama Administration, Aziza Ahmed, Catherine Hanssens, Brook Kelly

Faculty Scholarship

To bring the United States in line with prevailing human rights standards, its National HIV/AIDS Strategy will need to explicitly commit to a human rights framework when developing programmes and policies that serve the unaddressed needs of women. This paper focuses on two aspects of the institutionalized mistreatment of people with HIV: 1) the criminalization of their consensual sexual conduct; and 2) the elimination of informed and documented consensual participation in their diagnosis through reliance on mandatory and opt-out testing policies. More than half of US states have HIV-specific laws criminalizing the consensual sexual activity of people with HIV, regardless …