By Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens
It's more and more unbelievable to talk of a merely family abortion legislations, because the criminal debates all over the world draw on precedents and affects of other nationwide and neighborhood contexts. whereas the us and Western Europe could have been the leading edge of abortion legislation reform within the latter half the 20th century, primary and South the US are proving to be laboratories of proposal and innovation within the twenty-first century, as are specific nations in Africa and Asia. Abortion legislation in Transnational viewpoint bargains a clean examine major transnational felony advancements in recent times, interpreting key judicial judgements, constitutional texts, and regulatory reforms of abortion legislations in an effort to envision methods ahead.
The chapters examine problems with entry, rights, and justice, in addition to social structures of girls, sexuality, and being pregnant, via diverse criminal systems and regimes. They handle the guarantees and dangers of utilizing felony strategy to accomplish reproductive justice from assorted nationwide, nearby, and overseas vantage issues; how public and court debates are framed inside scientific, non secular, and human rights arguments; the which means of alternative narratives that recur in abortion litigation and language; and the way admire for ladies and prenatal existence is expressed in quite a few criminal regimes. by way of exploring how felony actors suggest, control, and adjudicate the problem of abortion, this well timed quantity seeks to construct on latest advancements to lead to swap of a bigger order.
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Extra resources for Abortion Law in Transnational Perspective Cases and Controversies
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. In some countries such as France1 and Austria,2 such attempts were unsuccessful from the start, with the courts allowing legislators to proceed unimpeded.
Judgments about the maternal role and responsibilities of women are nested throughout the opinion’s account of the constitutional duty to protect life. The duty to protect life was “entrusted by nature in the first place to the protection of the mother. ”67 The Court recognized a woman’s concern about continuing a pregnancy that posed a threat to her life or grave risk to her health as respect- worthy, hence warranting an exemption from legal compulsion. 68 “Even in these cases the state may not be content merely to examine, and if the occasion arises, to certify that the statutory prerequisites for an abortion free of punishment are present.
Protecting Life/Respecting Women: Result-Open Counseling Yet other jurisdictions begin from a constitutional duty to protect life, and, like Germany, have begun to explore approaches for vindicating the duty to protect life that do not involve the threat of criminal prosecution. These jurisdictions constitutionally justify depenalization of abortion, coupled with abortion-dissuasive, result-open counseling, as more effective in protecting the unborn than the threat of criminal punishment. The justifications for life- protective counseling, as well as its form, are evolving over time, in ways that progressively incorporate values of women’s autonomy.