(영문) Criminalisation of abortion on bodily autonomy and human rights

소개글

"Criminalisation of abortion on bodily autonomy and human rights"에 대한 내용입니다.

목차

1. Title
2. Introduction
3. International human rights instruments warrant respect for women’s bodily autonomy and rights to opt for abortion
4. Global legal resistance against abortion
5. Critical analyses of landmark abortion cases in Ireland and in the US
6. Conclusion

본문내용

Title
A critical analysis of the impact of criminalisation of abortion on women’s bodily autonomy and human rights from a global perspective

Introduction
In this paper, I will critically analyse the deleterious implication that criminalization of abortion has on women’s bodily autonomy and human rights from a global perspective, particularly in the context of international human rights treaties. Firstly, I will scrutinise how the international human rights instruments validate women’s bodily autonomy as well as fundamental rights to choose abortion in women’s best interests. Secondly, I will explore how abortion bans around the world unduly undermine women’s bodily autonomy and rights. Thirdly, I will critically analyse the landmark cases in Ireland and the United States which led to dramatic changes in the legal framework on abortion in each country, focusing on whether their judicial proceedings are consistent with the international human rights treaties.

참고 자료

Women's Act, 2010 (Act No. 12/2010), s 31 (b), s 32 (a), s 33 (b)
Wicks E, The State and the Body: Legal Regulation of Bodily Autonomy (Bloomsbury Publishing Plc 2016)
World Health Organization, Technical and Managerial Guidelines for Vasectomy Services (World Health Organization 1988)
Attorney General v X [1992] 1 IR 1
Dobbs v Jackson Women’s Health Organization 597 U.S. ____ (2022)
Mellet v Ireland (31 March 2016) Human Rights Committee, U.N. Doc.
CCPR/C/116/D/2324/2013
R v Morgentaler [1988] 1 SCR 30
Roe v Wade 410 U.S. 113 (1973)
Whelan v Ireland (17 March 2017) Human Rights Committee, U.N. Doc.
CCPR/C/119/D/2425/2014
World Health Organization, Technical and Managerial Guidelines for Vasectomy Services (World Health OrganizationUniversal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR)
Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entry into force 3 September 1981) UNGA Res 34/180 (CEDAW)
CEDAW Committee, General Recommendation No. 24, Article 12: Women and health (1999) A/54/38/Rev.1, chap. I
International Covenant on Civil and Political Rights (Adopted 16 December 1966, entry into force 23 March 1976) 999 UNTS 171 (ICCPR)
Benhabib S, ‘The Legitimacy of Human Rights’ (2008) 137 Daedalus 94
Berer M, ‘Abortion Law and Policy Around the World: In Search of Decriminalization’ (2017) 19 Health and Human Rights Journal 13
Berer M, ‘Termination of pregnancy as emergency obstetric care: the interpretation of Catholic health policy and the consequences for pregnant women’ (2013) 21 Reproductive Health Matters 9
Berer M and Hoggart L, ‘Progress toward Decriminalization of Abortion and Universal Access to Safe Abortions: National Trends and Strategies’ (2019) 21 Health and Human Rights Journal 79
Bridges KM, ‘FUNDAMENTAL RIGHTS: Dobbs V. Jackson Women’s Health Organization and the Erosion of Liberty’ (2022) 46.3 American educator 42
Carnegie A and Roth R, ‘From the Grassroots to the Oireachtas: Abortion Law Reform in the Republic of Ireland’ (2019) 21 Health and Human Rights Journal 109
Cho E, ‘Self-perception of the non-West and historicism: The Family Planning Program in South Korea’ (2013) 98 Society and History 121
Cook RJ and Dickens BM, ‘Abortion Laws in African Commonwealth Countries’ (1981) 25 Journal of African Law 60
De Londras F, ‘Fatal foetal abnormality, Irish constitutional law, and Mellet v Ireland’ (2016) 24 Medical Law Review 591
Dohle GR and others, ‘European Association of Urology Guidelines on Vasectomy’ (2011) 61 European Urology 159
Grimes DA, ‘Unsafe abortion: the silent scourge’ (2003) 67 British Medical Bulletin 99.
Hilliard B, ‘The Catholic Church and Married Women’s Sexuality: Habitus Change in Late 20th Century Ireland’ (2003) 12.2 Irish Journal of Sociology 28
Kim S, Young N and Lee Y, ‘The Role of Reproductive Justice Movements in Challenging South Korea’s Abortion Ban’ (2019) 21 Health and Human Rights Journal 97
Maira G, Casas L and Vivaldi L, ‘Abortion in Chile: The Long Road to Legalization and its Slow Implementation’ (2019) 21 Health and Human Rights Journal 121
Nabaneh S, ‘The Gambia’s Political Transition to Democracy’ (2019) 21 Health and Human Rights Jouranl 169
Norman WV and Downie J, ‘Abortion care in Canada is decided between a woman and her doctor, without recourse to criminal law’ (2017) 356 BMJ j1506
Shah I and Åhman E, ‘Unsafe Abortion: Global and Regional Incidence, Trends, Consequences, and Challenges’ (2009) 31 Journal of Obstetrics and Gynaecology Canada 1149
Shaw D and Norman WV, ‘When there are no abortion laws: A case study of Canada’ (2020) 62 Best Practice & Research Clinical Obstetrics and Gynaecology 49
The Editors, ‘Lawmakers v. The Scientific Realities of Human Reproduction’ (2022) 387 The New England Journal of Medicine 387
Women Lawyers On Guard Inc., National Association of Women Lawyers and Women’s Bar Association of the District of Columbia, ‘Organizations of Women Lawyers’ Joint Statement Condemning the U.S. Supreme Court Decision and Underlying Reasoning in Dobbs V. Jackson Women’s Health.’ (2022) 106.3/4 Women Lawyers Journal 47
Wright Aradhya K, Best K and Sokal DC, ‘Recent developments in vasectomy’ (2005) 330 BMJ 296
Abortion Rights Coalition of Canada, ‘Statistics - Abortion in Canada’ (Abortion Rights Coalition of Canada, 28 March 2022) <https://www.arcccdac.ca/media/2020/07/statistics-abortion-in-canada.pdf> accessed on 09 November 2022
Amnesty International, ‘Key facts on abortion’ (Amnesty International, date unknown) <https://www.amnesty.org/en/what-we-do/sexual-and-reproductiverights/abortion-facts/> accessed on 28 September 2022
BBC, ‘Eighth Amendment repealed as Irish President signs bill into law’ (BBC, 18 September 2018) <https://www.bbc.com/news/world-europe-45568094> accessed on 18 October 2022
Center for Reproductive Rights, ‘Whelan v. Ireland: Ireland Must Reform its Abortion Law to Prevent Violations of Women’s Human Rights’ (Center for Reproductive Rights, 24 January 2018) <https://reproductiverights.org/wp-content/uploads/2020/12/GLP-Europe-WhelanvIreland-FS-Final-Web.pdf> accessed on 02 October 2022
Center for Reproductive Rights, ‘Roe v. Wade’ (Center for Reproductive Rights, date unknown) <https://reproductiverights.org/roe-vwade/#:~:text=In%20its%201973%20decision%20Roe,whether%20to%20con tinue%20a%20pregnancy> accessed on 06 November 2022
Shin Y, Siegel R and Mellnik T, ‘How women’s lives were different before Roe v. Wade’ (The Washington Post, 02 June 2022)
<https://www.washingtonpost.com/business/interactive/2022/women-beforeroe-v-wade/> accessed on 06 November 2022
United Nations Human Rights Office of High Commissioner, ‘Access to safe and legal abortion: Urgent call for United States to adhere to women’s rights convention, UN committee’ (United Nations Human Rights Office of High Commissioner, 01 July 2022)
<https://www.ohchr.org/en/statements/2022/07/access-safe-and-legalabortion-urgent-call-united-states-adhere-womens-rights> accessed on 06 November 2022
United Nations Human Rights Office of High Commissioner, ‘International human rights law’ (United Nations Human Rights Office of High Commissioner, date unknown) <https://www.ohchr.org/en/instruments-andmechanisms/international-human-rights-law> accessed on 02 October 2022 World Health Organization, ‘Safe abortion: Technical & policy guidance for health systems’ (World Health Organization, date unknown)
<https://apps.who.int/iris/bitstream/handle/10665/70914/9789241548434_eng. pdf?sequence=1&isAllowed=y> accessed on 10 September
‘Why and When to File an Amicus Brief’ (Smith Gambrell Russell, date unknown) <https://www.sgrlaw.com/ttl-articles/why-and-when-to-file-anamicus-brief/> accessed on 06 November 2022