By Rebecca J. Cook, Joanna N. Erdman, Bernard M. Dickens
It's more and more incredible to talk of a simply family abortion legislations, because the felony debates world wide draw on precedents and affects of other nationwide and neighborhood contexts. whereas the U.S. and Western Europe can have been the forefront of abortion legislation reform within the latter 1/2 the 20th century, important and South the USA are proving to be laboratories of idea and innovation within the twenty-first century, as are specific international locations in Africa and Asia. Abortion legislation in Transnational point of view deals a clean examine major transnational criminal advancements in recent times, analyzing key judicial judgements, constitutional texts, and regulatory reforms of abortion legislations on the way 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 assorted felony strategies and regimes. They deal with the guarantees and hazards of utilizing felony method to accomplish reproductive justice from assorted nationwide, neighborhood, and overseas vantage issues; how public and court debates are framed inside of clinical, non secular, and human rights arguments; the that means of alternative narratives that recur in abortion litigation and language; and the way recognize for girls and prenatal existence is expressed in a variety of criminal regimes. through exploring how criminal actors suggest, keep an eye on, and adjudicate the problem of abortion, this well timed quantity seeks to construct on present advancements to result in swap of a bigger order.
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Additional resources for Abortion Law in Transnational Perspective Cases and Controversies
Realization of this potential depends on both expressive and practical aspects of implementation. 122 In both cases, a particular legislative regime is justified by appeal to constitutional values historically associated with an opposing form of abortion regulation: legislation that allows abortion is associated with the constitutional protection of unborn life, and legislation that restricts abortion is associated with the constitutional protection of women. indd 34 22734 5/13/14 7:55 AM The Constitutionalization of Abortion 35 After decades of conflict, a constitutional framework is emerging in Europe that allows legislators to vindicate the duty to protect unborn life by providing women dissuasive counseling and the ability to make their own decisions about abortion.
Indd 35 22734 5/13/14 7:55 AM Chapter 2 Abortion in Portugal: New Trends in European Constitutionalism Ruth Rubio-Marín Despite persistent variation, abortion legislation in Europe has experienced a common and gradual liberalizing trend. Most European countries exempt from punishment abortions performed to protect a woman’s health and life, in cases of serious fetal malformations, and where pregnancy results from rape (the commonly known therapeutic, eugenic, and ethical indications). This progressive trend has continued with most European countries adopting ever more liberal interpretations of the indications, or adding a social indication to the regime.
7 Women are required to undergo counseling, but the counseling is explicitly nondirective. Portugal has a rich history of abortion constitutionalism, its Constitutional Court having delivered five abortion decisions since the mid-1980s, in every case validating yet ever more progressive reform. In the first set of decisions, dating from 19848 and 1985,9 the Constitutional Court backed an indication-based reform against an otherwise complete criminal prohibition. indd 37 22734 5/13/14 7:55 AM 38 Constitutional Values and Regulatory Regimes legislative introduction of a periodic regime.