December 5, 2012
Richard Storrow on Judicial Review of Restrictions on Gamete Donation in Europe
Richard F. Storrow (CUNY School of Law) has posted Judicial Review of Restrictions on Gamete Donation in Europe on SSRN. Here is the abstract:
The decision of S.H. and Others v. Austria vindicates the right of governments to enact restrictions on gamete donation against claims that these restrictions violate the guarantees of the European Convention on Human Rights. Van Hoof and Pennings in this issue predict that legal diversity on the question of gamete donation will persist in the wake of this decision and discuss how the decision itself is insufficiently protective of the private and family interests of individuals who seek reproduction-assisting medical treatment. This commentary discusses the difficult balancing work of the European Court of Human Rights, its questionable expansion of the margin appreciation doctrine in S.H. and Others v. Austria and how the decision might influence national courts in the future.
Pamela Cox on Marginalized Mothers and Reproductive Autonomy
Pamela Cox (University of Essex) has posted Marginalized Mothers, Reproductive Autonomy, and 'Repeat Losses to Care' on SSRN. Here is the abstract:
Over 70,000 children are ‘looked after’ by local authorities in England and Wales. Emerging research suggests that a significant proportion of their birth parents have either already lost a child to permanent adoption or will go on to lose others. These ‘repeat loss’ cases raise difficult questions about marginalized mothers and their reproductive autonomy. This article considers past and present tactics used by the state in its attempts to limit that autonomy, including institutionalization, sterilization, long‐acting contraception, and permanent adoption. It argues that the gradual democratization of intimate citizenship over the past century, defined as a person's ability to choose and direct their intimate relationships, has obliged the contemporary state to develop new tactics which aim to build personal capacity and to balance enhanced child protection with enhanced reproductive autonomy.
December 4, 2012
Oklahoma Supreme Court Strikes Down Abortion Restrictions
The Huffington Post: Oklahoma Supreme Court Rejects Two Anti-Abortion Laws, by Laura Bassett:
The Oklahoma Supreme Court ruled on Tuesday that two anti-abortion laws recently passed by the state Legislature are unconstitutional and cannot be enforced. One of the laws would require women to have an ultrasound procedure before an abortion and hear a detailed description of the fetus, and the other would restrict the use of medication to end a pregnancy. . . .
Senator Shaheen Promises to Fight for Servicewomen's Access to Reproductive Healthcare
The Hill (Blog): Shaheen vows to fight for abortion coverage for women in the military, by Ramsey Cox:
Sen. Jeanne Shaheen (D-N.H.) vowed Friday to fight for abortion rights and healthcare coverage for military service women if the Senate defense bill reaches a conference committee with the House.
Shaheen said the National Defense Authorization Act, S. 3254, includes language allowing reproductive healthcare for female service members.
Announcing "Female Condoms Are_________" Film Contest
Center for Health and Gender Equity (CHANGE), PATH, the Universal Access to Condoms (UAFC) Joint Programme and the National Female Condom Coalition (NFCC): International Film Contest - Female Condoms Are ________________:
Female condoms may be one of the most promising health technologies that people don’t know or hear much about. But together we can change this.
SHARE YOUR STORY: Why does the world need female condoms? How can female condoms enhance your life? Filmmakers of all levels of experience are encouraged to enter.
WIN CASH PRIZES: Winning entries will be screened at the Women Deliver 2013 Conference in Kuala Lumpur, Malaysia—the largest global meeting of the decade to focus on the health and well-being of girls and women.
HOW TO ENTER: Visit contest website for complete contest details, including eligibility requirements, Official Contest Rules, submission instructions, and more. This contest runs from November 28, 2012–March 1, 2013.
December 3, 2012
Opposition to Contraception Mandate By Self-Insured Companies
RH Reality Check: The Sliding Scale of Sin: Tyndale Publishers and Contraception Without a Co-Pay, by Imani Gandy:
Recently, the district court for District of Columbia granted a request by Tyndale House Publishers to block the Affordable Care Act birth control benefit ensuring that employer-sponsored health insurance include coverage of contraception without a co-pay. (Jessica Mason Pielko wrote about the ruling here.)
Like so many other organizations, both religious and secular, for-profit and non-profit, Tyndale’s complaints are the same: the birth control benefit in the ACA infringes upon their right to religious freedom . . .
What sets Tyndale apart from other companies challenging the birth control benefit, some of which have been successful in their challenges, and some of which have not, is that Tyndale is self-insured, whereas companies like Hobby Lobby purchase group health insurance plans from a commercial insurance carrier. . . .
The False Promise of Life Exceptions to Abortion Bans
The Cap Times: What the Irish abortion tragedy means for the U.S., by Julie F. Kay:
When I argued a case challenging Ireland’s ban on abortion before the European Court of Human Rights in 2009, I told the story of my client, “Ms. C,” who had been battling cancer when she became pregnant. Ms. C’s doctors in Ireland, where abortion is illegal and lifesaving abortion is largely unavailable, refused to provide her with even basic information about the risk that continuation of pregnancy posed to her life, and so she had no option but to travel to England to obtain an abortion.
The human rights court found this to be a clear violation of my client’s rights under the European Convention on Human Rights and in 2010 demanded that Ireland reform its abortion laws. The case was considered a major victory for women.
But the victory exists only on paper, as is clear from the tragic case of Savita Halappanavar. . . .
December 2, 2012
U.S. Birth and Abortion Rates Drop
The Pew Research Center: U.S. Birth Rate Falls to a Record Low; Decline Is Greatest Among Immigrants:
The U.S. birth rate dipped in 2011 to the lowest ever recorded, led by a plunge in births to immigrant women since the onset of the Great Recession. . . .
The New Republic: Pro-Life Activists Conveniently Ignore the Abortion Drop, by Amy Sullivan:
Abortion isn’t generally a subject that inspires many hip-hip-hoorays, but a new report from the Centers for Disease Control and Prevention has some encouraging news: the U.S. abortion rate fell 5 percent in 2009, the largest single-year drop in a decade. . . .
Vast Majority of Irish Support Abortion Law Reform
Irish Central: Over 85 percent of Irish people support limited abortion, by Patrick Counihan:
The vast majority of Irish people support a change to abortion legislation in the wake of the death of Indian mum-to-be Savita Halappanavar.
A new opinion poll for the Sunday Business Post newspaper shows that eight out every 10 people support legislation based on the 20-year-old X Case ruling on abortion by the Supreme Court. . . .
Ipas Mexico Creates Computer Game to Help Women Learn About Safe Abortion Options
Any young woman who uses an interactive computer game designed by Ipas Mexico is guided from the starting point of a missed period through an educational journey that helps her decide whether she wants to continue or terminate her pregnancy—and in the case of the latter, whether medical abortion is the right choice for her. . . .