Download e-book for kindle: Abortion Law in Transnational Perspective Cases and by Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens

By Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens

It truly is more and more fantastic to talk of a merely household abortion legislations, because the criminal debates worldwide draw on precedents and impacts of alternative nationwide and neighborhood contexts. whereas the U.S. and Western Europe can have been the forefront of abortion legislation reform within the latter half the 20th century, principal and South the US are proving to be laboratories of idea and innovation within the twenty-first century, as are specific nations in Africa and Asia. Abortion legislations in Transnational viewpoint deals a clean examine major transnational felony advancements in recent times, studying key judicial judgements, constitutional texts, and regulatory reforms of abortion legislations with a purpose to envision methods ahead.
The chapters examine problems with entry, rights, and justice, in addition to social buildings of ladies, sexuality, and being pregnant, via diversified felony methods and regimes. They deal with the guarantees and dangers of utilizing criminal technique to accomplish reproductive justice from varied nationwide, neighborhood, and foreign vantage issues; how public and court debates are framed inside scientific, spiritual, and human rights arguments; the that means of alternative narratives that recur in abortion litigation and language; and the way appreciate for girls and prenatal lifestyles is expressed in a variety of felony regimes. by means of exploring how felony actors suggest, keep watch over, and adjudicate the difficulty of abortion, this well timed quantity seeks to construct on present advancements to result in swap of a bigger order.

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Additional info for Abortion Law in Transnational Perspective Cases and Controversies

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In some countries such as France1 and Austria,2 such attempts were unsuccessful from the start, with the courts allowing legislators to proceed unimpeded. In others such as Germany,3 Hungary,4 and Poland5 the courts did step in to curb progressive legislation. Perhaps the most influential of these decisions was that of the German Federal Constitutional Court, which in 1975 struck down a periodic legislative reform. This case proved paradigmatic in the region and beyond, by framing abortion constitutionalism primarily in terms of the protection of unborn human life, linked to the normalization of women’s duty of motherhood.

The decision relied and continued to build on the Court’s creative work within the German paradigm, but in departure from its doctrine. While the 1998 decision started with protection due to the unborn, it reaffirmed unborn life as an objective constitutional value. 43 Moreover, the Court stressed that the protection of the unborn, and thus the constitutionality of the law, cannot be assessed by isolating and focusing only on the first ten weeks. Rather constitutional protection must be considered in light of the pregnancy as a whole.

Some counseling regulations seek only to ensure women’s informed decision making. Others intend counseling to dissuade women from having an abortion. Of note, this progression toward liberalization in Europe has tended not to rely on constitutional law. indd 36 5/13/14 7:55 AM Abortion in Portugal 37 courts to advance their position. European constitutional texts, for the most part, are silent on abortion or matters of reproduction generally, and it has not been women or rebellious doctors but conservative political forces that have seized the courts, seeking to resist legislative liberalization.

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Abortion Law in Transnational Perspective Cases and Controversies by Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens

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