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 incredible to talk of a merely household abortion legislation, because the felony debates around the globe draw on precedents and impacts of alternative nationwide and nearby contexts. whereas the us and Western Europe can have been the leading edge of abortion legislations reform within the latter half the 20 th century, critical and South the USA are proving to be laboratories of suggestion and innovation within the twenty-first century, as are specific nations in Africa and Asia. Abortion legislation in Transnational standpoint bargains 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 structures of girls, sexuality, and being pregnant, via varied criminal systems and regimes. They deal with the guarantees and hazards of utilizing criminal method to accomplish reproductive justice from diversified nationwide, local, and foreign vantage issues; how public and court docket debates are framed inside of scientific, spiritual, 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 lifestyles is expressed in numerous felony regimes. by means of exploring how criminal actors recommend, keep an eye on, and adjudicate the difficulty of abortion, this well timed quantity seeks to construct on latest advancements to lead to switch of a bigger order.

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112 The Court explicitly rejected this legislative scheme as a concealed version of periodic regulation,113 while holding that the state could remedy the legislation through directed counseling measures or third party verification. The Court then discussed abortion-­dissuasive counseling as a method of protecting unborn life that was also respectful of women’s rights.  .  . 116 In upholding legislation that allowed abortion during the first ten weeks of pregnancy after a waiting period and result-­open counseling, the Portuguese Constitutional Court emphasized that the new law was an effective means of protecting life.

This was the context of abortion’s constitutionalization in the West. S. Supreme Court decided the landmark case of Roe v. Wade,16 by reading women’s reproductive freedom into a silent constitutional text to strike down a restrictive criminal statute. 18 In the European imagery Roe became the American paradigm, marked by a constitutional framing of abortion that begins with recognition of women’s reproductive freedom. This paradigm has always represented an extreme against which European courts have sought more moderate positions.

118 The Portuguese case thus features emergent elements of women’s rights, both as to justification and as to legislative form. But the constitutional framework yet remains at some distance from the women’s dignity–periodic access cases of jurisdictions such as the United States and South Africa. indd 33 22734 5/13/14 7:55 AM 34 Constitutional Values and Regulatory Regimes in the early period of pregnancy is constitutionally permitted, not required, as it would be in a traditional woman’s rights framework.

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