Abortion legislation Research Papers - Academia.edu (original) (raw)

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- Human Rights, Turkey, Abortion legislation, Recep Tayyip Erdoğan
- by Davide Paris
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- Abortion legislation

Life's Dominion is subtitled 'An Argument about Abortion and Euthanasia', and the promise of rational argument is welcome and richly fulfilled. Fights about abortion are bitter and worldwide, as Ronald Dworkin observes, and nowhere more bitter than in the United States. 'Opposing armies march down streets or pack themselves into protests at abortion clinics, courthouses, and the White House, screaming at and spitting on and loathing one another. Abortion is tearing America apart. It is also distorting its politics, and confounding its constitutional law.'

- by Galen Strawson
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- Ethics, Ronald Dworkin, Abortion legislation

A bill to decriminalize abortion in New South Wales passed their lower house last week. Our Bodies Our Choices is the community campaign to decriminalize abortion in New South Wales. Yesterday they sat down with me for a Twitter Q&A, where we discussed their work, the current laws which regulate abortion in New South Wales, the recent bill, and what’ll happen next.

- by Amanda S Ocasio
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- Australia, Abortion, Abortion legislation, Pro-choice

Afstaða kvennanna KatrínarThoroddsen og
Guðrúnar Lárusardóttur tilfóstureyðingafrumvarpsins 1934.

- by Tivia Collins
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- Sexual and Reproductive Health, Gender and Sexuality, Caribbean Studies, Guyana
- by Delphine Lacombe
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- Gender Studies, Feminist Theory, Feminism, Abortion

Nowadays, Latin America is immersed in high level of polarization, between progressive and conservative views, and Costa Rica is no exception. As a result, the debate on therapeutic abortion has revolved around religious arguments over technical arguments, permeating Law’s field of action: from the creation of the norm to its application and consequences. It is necessary to reflect on the role played by Law in social conflicts, highlighting the political, religious and ideological elements that converge and, particularly, are hidden within it. Therapeutic abortion finds complications in its application, as well as efforts to reduce its field of action, there are efforts to regulate this field, but its bioethical implications must be considered.

Introduction. This study qualitatively explores perceptions of women who have experienced abortion care. It explores women's journey through abortion from confirmation of pregnancy to post-abortion. Aim. The study seeks to understand the implications of these perceptions for policy and practice. Main Outcome Measures. A qualitative study involving in-depth semi-structured interviews with 17 women, aged between 22 and 57 years, who had undergone legal induced abortion in the UK when they were 16 years or older. Participants were not recruited under the age of 16 because of the ethical and legal complexities of interviewing minors. Additionally, 16 years was deemed to be the most appropriate age as this is the legal age of consent in the UK. Methods. Participants were recruited from 12 community contraception and sexual health clinics in two NHS trusts, one in England and one in Wales. Participant recruitment was set at a minimum of 12 and participants were recruited on a " first come first served basis " (i.e., the first 12 who contacted the researcher). The number of participants was raised to seventeen as this was the number deemed to be the most suitable for data saturation in this particular qualitative research. Results. Women in this study understood abortion as highly taboo and a potentially personally stigmatizing event. These perceptions continued to affect disclosure to others, long after the abortion, and affected women's perceptions of the response of others, including society in general, significant others, and health professionals. Conclusions. Women's experiences of abortion may be influenced by perceived negative social attitudes. Health professionals and abortion service providers might combat the perceived isolation of women undergoing abortion by attending not only to clinical/technical aspects of the procedure but also to women's psychological/emotional sensitivities surrounding the event. Astbury-Ward E, Parry O, and Carnwell R. Stigma, abortion and disclosure—Findings from a qualitative study. J Sex Med 2012;9:3137–3147.

In the context of Ireland's new legislation governing abortion, I outline and examine the spatial consequences of political decision-making. I argue that Ireland's new abortion law and its clinical guidance permit travel for some pregnant people but impose fixity for others. I analyze the spatial consequences of legal limitations, including non-medically necessary delays and control of medication abortions, that necessitate travel for abortion. I demonstrate how current laws fix some people in place, including diverse migrant populations within Ireland, with no possibilities for abortion-related travel. This critique of the 'new' law demonstrates the Irish state's continued political and medical control of abortion.

Abortion today is a burning issue. The question related to it was raised by Feminists-whether a woman has right over her body or not? A fetus is developed within the body of a woman hence the concept of abortion is related with the notion of feminism closely. It is moral to use if the life of the mother is in danger. But one can illegally use this medical process to abort only female child (female infanticide). Thus there is high chance to misuse this medical tool. However in this present dissertation I want to focus on the question of abortion from the point of view of human rights.

Os estudos feministas sobre o direito têm vindo a demonstrar que aquele é guiado por um paradigma eminentemente patriarcal, razão pela qual a lei, baseada numa hierarquia de género, tende a negligenciar diversos tipos de violência exercidos sobre as mulheres. Como exemplos paradigmáticos são apontados os regimes jurídicos que proclamam uma igualdade formal entre homens e mulheres, mas persistem em penalizar a interrupção voluntária da gravidez. Nesse sentido, as teorias feministas alertam que o direito não é necessariamente sinónimo de justiça, pelo que as práticas e representações sobre uma verdadeira justiça sexual podem não ser coincidentes com a lei nos livros. Neste artigo, recorrendo ao caso português, avaliamos as representações em torno da lei do aborto por parte dos/as diversos/as agentes envolvidos/as, como as mulheres, operadores/as judiciários/as, parteiras, profissionais de saúde, activistas e representantes de partidos políticos.

This research examines the provision of comprehensive reproductive healthcare to women with HIV in South Africa, with a focus on the highly contested issue of abortion. It explores how the emergence and escalation of the HIV epidemic, and the later implementation of the national antiretroviral treatment (ART) programme, influenced the public provision of reproductive healthcare for women with HIV. It also examines the effects of government's failure to implement health protocols and policies to provide adequate reproductive healthcare for women with HIV. This has resulted in the punitive treatment of patients by healthcare workers and in further coercive practices such as forced abortion and sterilisation. Despite the copious data generated about the medical and sociological effects of the HIV pandemic, little research has been conducted on abortion and HIV. This chapter builds on the work of public health scholars, medical historians and bioethicists to document and analyse persistent challenges in the provision of reproductive health services to HIV-positive women in South Africa.

- by Rubí López
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- Abortion, Abortion legislation, Aborto, Provida

In the chapter, Zabrzewska analyzes Polish politicians’ responses to the 2020 protests against the abortion ban through the lens of feminist philosophy. Using selected sources (e.g. the transcript of the Committee on Administration and the Interior) provided in the Gender, Voice, and Violence in Poland: Women’s Protests during the Pandemic sourcebook (Zabrzewska and Dubrow 2021), the author provides insights into how contemporary right-wing rhetoric relies on the body politic metaphor and on the gender bias inherent to mainstream notions of embodiment. She exposes how the facilitators of the anti-abortion law conceptualize the protesters and their demands as a disease or even a virus that threatens the state, as defined by the Catholic right wing. At the same time, the article shows how pro-abortion protests – as an example of what Judith Butler (2015) called “plural embodied action” – place the actual human body at the forefront of politics, heralding a possibility of arriving at a more livable future.

- by Adrianna Zabrzewska
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- Social Movements, Eastern European Studies, Feminist Philosophy, Embodiment

On October 22th, 2020 the Polish Constitutional Tribunal made a judgment on the legality of abortion (case K1/20). The Tribunal has decided about the unconstitutionality of abortion in the circumstances of malformation or serious disease of a foetus . The decision has triggered mass social protests and heated debates – of both political and academic nature – in its aftermath.
The paper analyses some aspects of this ruling from the legal-philosophical perspective. More precisely, it argues that the Polish constitution, while warranting the protection of the life of “every human being”, is underdetermined in that respect and that constitutional court, when facing underdeterminacy of this kind, may choose among three possible approaches. Alas, the Polish Tribunal has adopted none of them. In conclusion, it is suggested what should be an adequate approach for a constitutional court to deciding complex moral and/or political problems.

- by Maciej Pichlak
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- Constitutional Law, Legal Theory, Judicial review, Constitutionalism

This paper draws the connection between the changes in the American perspectives on abortion in the second half of the twentieth century and shifts in the cultural, social and legal status of the society. The major change occurred in 1973, when it was ruled by the Supreme Court in Roe v. Wade that it was unconstitutional to restrict abortion by law for it violated a woman’s right to privacy. The law, however, left many special cases unaddressed, such as when a fetus becomes a person or when the government has the right to step in and claim protection over "human" life. The ambiguity of the laws left the debate over the legality of abortion open, and movements continued into the twenty-first century in attempt to both undo the ruling and to secure the reproductive rights of women. As perspectives are shaped by reproductive rights issues of the past, the issue continues into the twenty-first century with more unanswered questions.

- by Colin Finnegan
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- Constitutional Law, Supreme Court, Abortion, Abortion legislation

The abortion involves the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy. Protecting access to abortion effectuates vital constitutional values, including dignity, autonomy, equality, and bodily integrity. This is something central to a woman's life, to her dignity. It's a decision she must make for herself. And when government controls that decision for her, she's being treated as less than a fully adult human responsible for her own choices. Without the right of reproductive choice, women cannot participate equally in the nation's social, political and economic life. Their freedom to decide whether and when to have children opens doors that would otherwise be closed. Through this paper, we have tried to address that how various arguments of pro-life supporters are wrong and how the arguments of pro-choice supporters are in accordance with the human conscience.

- by Ravi Chhikara and +1
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- Jurisprudence, Women's Studies, Marital research, Women's Rights

Josh Gerstein and Alexander Waed write in Politico: The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court... more

- by Scott Stafne
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- Constitutional Law, Abortion, Abortion legislation
- by Nithin Sridhar
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- Hinduism, Women's Studies, Feminism, Women In Hinduism

This paper analyses the so-called women’s strike and answers the question
whether its main request, namely amendments to provisions regulating
abortion, concerns professional, economic or social interests of workers and, consequently, whether it can be the objective of a workers’ strike. Recreating the model of the right to strike in the light of the Polish Constitution and standards of the International Labour Organization (case no. 3111 against Poland) warrants a broad understanding of the objective of the strike and the assumption that Polish law grants guarantees to strikes of a political nature. The paper points out the possible links between abortion and employee rights and explains why requests for liberalization of abortion law could be legitimate requests of a ‘women’s strike’.

- by Piotr Grzebyk
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- Abortion, Abortion legislation, Right to strike, Womens Rights
- by SHERM Journal and +1
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- Personhood, Defining Personhood, Abortion, Abortion, Infanticide, and Euthanasia in Literature; Literary Theories

The Medical Termination of the Pregnancy Bill 2020 is a new ray of light for women who wants to practice safe abortions and for those who want to legally terminate their pregnancies. However, India has to go a long way to reduce and eradicate the practice of unsafe abortions. The failure and success of MTP Bill 2020 depend on the strategies and policies that are used to implement the guidelines given in it. If these guidelines will be implemented with the proper care and precautions, then it can act as a boon for women who want to go for abortion.

- by Aamir Ali
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- Civil Law, Women's Studies, Gender and Sexuality Studies, Indian Law

"Before You Blow Up An Abortion Clinic, Read This Please"

- by Jacob Einwechter
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- Women's Studies, Women's Rights, Abortion, Unsafe abortion

Is abortion a question of personal morality? Liberals and feminists often embrace this idea, but so also do those who are personally opposed to abortion. Someone may claim to believe personally that abortion is wrong without holding the corresponding public belief. I am interested in what exactly one means when one says that abortion is a question of personal morality. In Sec. II, I consider three influential interpretations of the claim that abortion is a question of personal morality. After showing that each of these interpretations is inadequate, I develop a fourth that avoids some of the problems with the first three (in Sec. III). But even on this interpretation, the claim that abortion is a question of personal morality is difficult to defend. This is because we cannot show that abortion is a question of personal morality without first knowing something about the moral status of the fetus. I conclude the paper with some pessimistic remarks concerning our ability to arrive at a compromise position on abortion.

- by Julie Kirsch
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- Bioethics, Liberalism, Feminism, Abortion

Abortion involves the intentional killing of a fetus to end a pregnancy. These fetuses are human, biologically.1 It seems that fetuses are beings, albeit completely dependent beings: what else would they be? So, abortion involves the intentional killing of a human being. Killing human beings is often deeply wrong, so is abortion wrong? If so, when? And why? In this essay, we’ll look at some influential answers to these questions.

- by Nathan Nobis
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- Ethics, Bioethics, Medical Ethics, Moral Philosophy

L’inclusione dell’uccisione del feto nell’ambito dell’omicidio, infatti, non comporta una non consentita
analogia inmalampartem, bensì una mera interpretazione estensiva, legittima anche in relazione alle
norme penali incriminatrici. L’enunciazione della nozione di “uomo” quale vittima del reato in esame,
sebbene generica, consente al giudice, avuto riguardo anche alla finalità di incriminazione ed al contesto
ordinamentale sopra descritto in cui si colloca, di stabilire con precisione il significato della parola, che
isolatamente considerate potrebbe anche apparire non specifica, ed al destinatario della norma di avere
una percezione sufficientemente chiara ed immediata del valore precettivo di essa (vedi, per una fat-
tispecie similare). D’altronde, a voler ragionare diversamente, alla naturale e fisiologica conclusione
della gravidanza il feto nascente sarebbe assurdamente tutelato, contro i fatti lesivi della vita indivi-
duale, solo nel caso di morte cagionata nelle predette condizioni di abbandono morale e materiale
connesse al parto e la mancanza di tale elemento specializzante comporterebbe un inaccettabile vuoto
di tutela, stante l’impossibilità di applicare tanto il procurato aborto quanto l’omicidio.

The abortion rate in Cuba is staggering--in 2008, official records indicated that 60.7 abortions were performed for every 100 live births. Information gathered from news outlets, personal interviews, and available literature suggests that economic instability and liberal abortion legislation are the principal driving forces of this controversial trend.

- by Megan Bridges
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- Latin American Studies, Sexual and Reproductive Health, Poverty, Cuban Studies

En lo respectivo al aborto se han hecho muchos estudios, sin embargo, el debate radica en una cuestión puramente ontológica y, por lo tanto, filosófica. En este breve texto, se resume la controversia tanto legal como filosófica de un tema... more

- by Luis G.
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- Abortion, abortion legalization in Spain, Abortion legislation, Mujeres Y Aborto

¿Cómo puede colaborar la filosofía con la reflexión sobre un tema tan actual y relevante como el del aborto? Al igual que en otras cuestiones, su función no es decidir por otros ni intentar hacer propaganda a favor de una opinión determinada. Consiste, en cambio, en plantear el tema con claridad y profundidad. Lo único prohibido en una discusión filosófica debería ser la superficialidad. La superficialidad impide el diálogo y las decisiones libres. La superficialidad genera pseudo-problemas, pseudo-decisiones, pseudo-peleas y también pseudo-acuerdos. En esta búsqueda de profundidad y de diálogo auténtico, todo autor lúcido es un aliado. Por ejemplo, lo son los pensadores abortistas Richard Dawkins, Mary Anne Warren o Peter Singer. Deberíamos aprender de ellos.

- by Juan Pablo Roldán
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- Bioethics, Human Rights Law, Human Rights, International Human Rights Law

The offence of child destruction was introduced nearly a century ago for purposes it has failed to adequately serve: criminalising for causing viable foetal death before birth, or whilst in the birth canal. The author critiques different components of the offence, blaming the specific intent criteria for its rare use. It is argued that with rates of violence towards pregnant women highly prevalent, the essential need for more widespread application of this offence is critical. The consequence of the law turning its back in these situations is both impractical and immoral. We cannot claim to live in a civilised society when both mourning parents and the innocent unborn are unable to achieve justice. Thus, appeal is made for reform through redrafting the offence. The author suggests that the most practical solution is to amend wilful intention to encompass a reckless and/ or negligent threshold.

- by Bethane Harland
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- Criminal Justice, Bioethics, Medical Ethics & Law, Abortion legislation
- by Ice Ailada
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- Feminism, Unwanted pregnancy and abortion, Abortion legislation, Pro-choice

Discovering that the Supreme Court of the United States of America, now dominated by an ultra conservative majority of chiefly white men, is planning to overturn Roe v. Wade (1973) was not as unexpected as one might imagine. At least, for any woman who has been living in this country for the past decade it was something we could see coming. For those who work at religious institutions or in conscientiously-Christian businesses, the ruling in Burwell v. Hobby Lobby (2014) already took away our right to use our health plans to pay for birth control.[1] (This happened to me when I worked at Loyola University New Orleans, a Catholic university). Access to a legal abortion did seem like the next logical provision to disappear.

- by Sara M Butler
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- Medieval History, Medieval England, Medieval Canon & Roman Law, Abortion
- by Ines M . Pousadela
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- Social Movements, Abortion, Uruguay, Civil Society
- by Nithin Sridhar
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- Hinduism, Women's Studies, Feminism, Abortion

W artykule odniesiono się do argumentów Polskiego Towarzystwa Ginekologicznego, zawierających krytykę rozwiązań prawnych proponowanych w głośnym projekcie ustawy, który był przedmiotem inicjatywy obywatelskiej „Stop Aborcji” w 2016 r. Tekst odnosi się zarówno do wątków medycznych, jak i prawnych podniesionych w Stanowisku PTG. Wskazano między innymi na przytoczone przez PTG nieaktualne dane medyczne dotyczące ryzyka zgonu kobiet w ciąży z nadciśnieniem płucnym oraz nieuwzględnienie aktualnych wytycznych European Society of Cardiology przy opisie przypadków klinicznych. Wykazano jednocześnie, że PTG całkowicie bezpodstawnie twierdziło, jakoby projekt stanowiący przedmiot inicjatywy obywatelskiej „Stop Aborcji” zabraniał stosowania diagnostyki prenatalnej w celach terapeutycznych. Jednocześnie zwrócono uwagę, że Stanowisko PTG tworzy wrażenie, jakoby diagnostyka prenatalna była wyłącznie ukierunkowana na działania o charakterze terapeutycznym, odwracając uwagę od faktu, że stanowi ona...

This article analyzes the conditions that enabled the development of a clandestine abortion market in Costa Rica and how it functioned in the period 1900-2020. It also considers the characteristics of this market, in particular the differentiated access to medical services according to the social origin of the women who aborted. In addition, it studies the key controversies that arisen in the country regarding the practice of artificial termination of pregnancy and the proposals to legalize said procedure.

- by Iván Molina Jiménez
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- Sexuality, Gender, Women, Public Health

In autumn 2020, as the second wave of the Covid-19 pandemic began, the Constitutional Tribunal issued a ruling that severely restricted access to abortion. Massive street protests, led by Strajk Kobiet (Women’s Strike), quickly followed.
This sourcebook presents the voices of activists, politicians, and academics on the 2020 protests in Poland after the Constitutional Tribunal’s ruling. Sources include press conferences, interviews, public speeches, and parliamentary committees and debates, translated into English and commented on by Polish feminist scholars.
We designed this book to generate insights into the relationship between inequality, street protest, institutions, and violence, for use in research, teaching, journalism, and activism.
This book was funded by the National Science Centre, Poland (project no. 2016/23/B/HS6/03916).

In the 25 years since Canada's Supreme Court struck down the country's s abortion law, Canada's experience is proof that laws against abortion are unnecessary. Canada is the first country in the world to prove that abortion care can be ethically and effectively managed as part of standard healthcare practice, without being controlled by any civil or criminal law. Only when abortion has the same status as any other legal health procedure can it be fully integrated into women's reproductive healthcare.

- by Joyce Arthur
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- Criminal Law, Canada, Abortion legislation
- by Katherine Side
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- Abortion legislation