scholarly journals O caso do feto anencefálico: direitos sexuais e reprodutivos, confronto e negociação argumentativa no STF / The case of the anencephalic fetus: sexual and reproductive rights, confrontation and argumentative negotiation towards the Brazilian Supreme Court

2016 ◽  
Vol 7 (15) ◽  
Author(s):  
Marta Rodriguez de Assis Machado ◽  
Ana Carolina Bracarense
Keyword(s):  
Supreme Court ◽  
Reproductive Rights ◽  
Sexual And Reproductive Rights

scholarly journals Abortion Lawfare in Mexico's Supreme Court: Between the Right to Health and Subnational Autonomy

2021 ◽  
Vol 17 (3) ◽  
Author(s):  
Rachel Sieder ◽  
Yacotzin Bravo Espinosa
Keyword(s):  
Supreme Court ◽  
Reproductive Rights ◽  
Contentious Politics ◽  
Supreme Courts ◽  
Critical Junctures ◽  
Federal Authority ◽  
The Supreme Court ◽  
The Moment ◽  
The Right ◽  
Sexual And Reproductive Rights

Abstract This article addresses Mexico's contentious politics of abortion, legal frames, and the role of the Supreme Court. In Mexico's federal system, subnational legislatures have been the principal site of abortion lawfare, with initiatives passed to both decriminalize and restrict access to abortion, pitting frames of women's rights to health against the fetal “right to life from the moment of conception.” In this article we offer a detailed mapping of critical junctures in Mexico's abortion lawfare since 2007, based on a review of draft decisions, public transcripts, and final rulings of the Supreme Court. We suggest that while the Court has appeared largely reactive to different legislative initiatives and legal challenges, failing to produce definitive rulings affirming women's universal right to abortion, its assertion of federal authority and its increasingly restricted reading of the scope of states’ policy-making powers has in practice favored the arguments put forward by the pro-choice movement, reaffirming and even expanding women's sexual and reproductive rights. We highlight a key area for future comparative inquiry on sexual and reproductive rights lawfare in Latin America: the interplay between supreme courts and subnational legislatures in federal systems, and the ways that this shapes movement and counter-movement framings and strategies.

Constitutional Limitations

2018 ◽  
Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday
Keyword(s):  
Public Health ◽  
Supreme Court ◽  
Due Process ◽  
Reproductive Rights ◽  
Court Cases ◽  
Health It ◽  
State Action ◽  
Substantive Due Process ◽  
State Action Doctrine ◽  
Due Process Rights

This chapter describes “due process,” a Constitutional restriction on governmental actions that impact individuals, in the context of public health. It outlines the doctrines of procedural and substantive due process, including the legal tests that courts apply to decide whether individuals’ due process rights have been violated. It uses examples from Supreme Court cases that have defined due process in the context of public health, including those that struggle to define the scope of reproductive rights. It also examines two cases where public health principles were raised as a justification for governmental action: one about involuntary sterilization and one about Ebola. The chapter concludes with a brief discussion of the “state action doctrine” that defines which public health actors may be challenged on due process grounds.

scholarly journals Sexual and Reproductive Health and Rights of Women: A Rights-based Approach

2019 ◽  
Vol 10 (2) ◽  
pp. 1-6
Author(s):  
Shaorin Tanira ◽  
Raihana Amin ◽  
Sanchita Adhikary ◽  
Khadiza Sultana ◽  
Rashida Khatun
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Mass Communication ◽  
Sexual And Reproductive Health ◽  
Local Community ◽  
Reproductive Rights ◽  
Civil Society Organizations ◽  
Human Right ◽  
Legislative Changes ◽  
Sexual And Reproductive Rights

Violations of women’s sexual and reproductive health and rights are frequent all over the world. Women’s sexual and reproductive health is related to multiple human rights. The term ‘rights-based’ has become increasingly linked to the concept of a more comprehensive approach to sexual and reproductive rights of women around the globe. The rights-based perspective is derived from the treaties, pacts and other international commitments that recognize and reinforce human rights, including the sexual and reproductive rights of women. We conducted an extensive review of the guidelines, frameworks, research reports and published articles that have been cited as informing the rights-based approach. The findings of the review highlights what is meant by sexual and reproductive health and rights by the stakeholders, why this matter is important, and what can be done. It demands more partnerships with human rights, women’s and other civil society organizations, increased number of successful national policies, initiatives and/or legislative changes, increased budget and other resources at national and/or local community level, mass communication and engagement of men to promote and advance women’s sexual and reproductive health and rights. Achievement of gender equality is very crucial, because it is a human right that advances women’s empowerment; and is interlinked with sexual and reproductive health and rights.

Constitutionalizing Reproductive Rights (and Justice)

2021 ◽  
Author(s):  
Melissa Murray ◽  
Hilarie Meyers
Keyword(s):  
Supreme Court ◽  
Reproductive Rights ◽  
Reproductive Justice ◽  
Individual Choice ◽  
The Right To Privacy ◽  
Wide Range ◽  
Negative Rights ◽  
1960S And 1970S ◽  
Rights Discourse ◽  
The Right

In Griswold v. Connecticut and Roe v. Wade, the U.S. Supreme Court framed constitutional protections for reproductive rights around the right to privacy. But the Court’s emphasis on privacy was not inevitable. Rather, in the 1960s and 1970s, advocates challenging laws prohibiting contraception and abortion offered a wide range of constitutional grounds in which to root reproductive freedom, including claims of race, class, and sex inequality. Nevertheless, mainstream reproductive rights groups reiterated Griswold and Roe’s privacy logic in their advocacy efforts, further entrenching the rhetoric of privacy, individual choice, and negative rights. However, advocates on the ground sought to recuperate the concerns of race, sex, and class inequality that had previously marked reproductive rights advocacy, and by the 1990s, the reproductive justice movement had emerged as a counterpoint to the traditional reproductive rights framework. Over time, the intersectional elements of the reproductive justice movement have infiltrated mainstream reproductive rights advocacy, widening the range and scope of reproductive rights discourse. But critically, as aspects of reproductive justice have been integrated into mainstream reproductive rights discourse, those opposed to reproductive rights—from antiabortion groups to members of the Supreme Court—have sought to coopt the reproductive justice movement’s rhetoric for their own purposes. Rather than viewing access to abortion and contraception as essential to women’s equality, this new conservative discourse argues that reproductive rights are rooted in, and function as, tools of, race, sex, class, and disability-based inequality and injustice.

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