What is gender-responsive legislation? Using international law to establish benchmarks for labour, reproductive health and tax laws that work for women

Sexual and Reproductive Health and Rights at the United Nations and Their Doctrinal Background Summary The concept of sexual and reproductive health and rights still remains unclear in the international law regime. Despite the fact that during the United Nations International Conference on Population and Development in Cairo (1994), all UN Member States agreed that the term sexual and reproductive health and rights does not contain the “right to abortion,” one can observe continuous attempts to renegotiate the established consensus. The discussion on SRHR is exerting a great impact on the policy of international organizations and therefore it has a potential to create obligations on their Member States. The aim of this article is to present the history of the concept of “sexual and reproductive health and rights” and to analyze it in two aspects. First, the article elaborates on the doctrinal and ideological connotations of SRHR construction. It shows how the SRHR construction derives from feminist theories that regard the spheres of procreation and sexuality as the main sources of inequality between men and women. Second, the article shows how feminist concepts of human sexuality have influenced and shaped the legal constructions of international treaties under the UN auspices.

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PROTECTION OF WOMEN’S REPRODUCTIVE HEALTH RIGHTS BASED ON INTERNATIONAL LAW AND REGULATION ON LAWS IN INDONESIA

Lampung Journal of International Law ◽

10.25041/lajil.v2i1.2030 ◽

2020 ◽

Vol 2 (1) ◽

Author(s):

Laila Nurlatifah

Keyword(s):

Reproductive Health ◽

International Law ◽

Child Protection ◽

Action Plan ◽

International Labor Organization ◽

International Conference ◽

The Republic ◽

Women’S Reproductive Health ◽

Women's Reproductive Health ◽

Health Rights

Women’s health is one of the 12 critical issues stipulated in the Declaration and Action Plan of the Fourth International Conference on Women in Beijing in 1995 until now the issue of reproductive health in Indonesia women are still the main study given the high mortality rate of women caused by disorders of the reproductive organs. This research focuses on the Protection of Women’s Reproductive Health Rights Under International Law and Legislation in Indonesia. This type of research used in this study is normative legal research sourced from primary, secondary, and tertiary legal material whose data collection is carried out by library study techniques.The results of the study indicate two things: (1) Protection of women’s reproductive health rights in international law is found in International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention on the Elimination of All Forms of Discrimination Against Women and the International Labor Organization (ILO Convention) Number 183 of 2000 concerning Protection of Pregnancy. Action plans for women’s reproductive health rights include the Fourth World Conference on Women Beijing; International Conference on Population and Development Cairo; Sustainable Development Goals or SDGs. (2) Protection of women’s reproductive health rights in legislation in Indonesia is regulated in; The 1945 Constitution of the Republic of Indonesia; Republic of Indonesia Law Number 39 Year 2009 concerning Health; Law Number 39 Year 1999 concerning Human Rights; the Republic of Indonesia Law No. 13/2003 concerning Manpower; the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection. National policies related to reproductive rights include Government Regulation Number 61 of 2014 concerning Reproductive Health; Regulation of the Minister of Health of the Republic of Indonesia Number 43 of 2016 concerning Minimum Service Standards in the Field of Health. Regional policies related to Reproductive Health include Lampung Province Regional Regulation Number 17 of 2014 concerning the Provision of Exclusive Breast Milk.

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THE EMERGING ROLE(S) OF LAW IN REPRODUCTIVE HEALTH CARE IN NIGERIA: A COMPARATIVE ANALYSIS

Social Sciences, Humanities and Education Journal (SHE Journal) ◽

10.25273/she.v2i2.9505 ◽

2021 ◽

Vol 2 (2) ◽

pp. 179

Author(s):

Patrick Chukwunonso Aloamaka ◽

Favour AdaezeIbekwe

Keyword(s):

Health Care ◽

Reproductive Health ◽

International Law ◽

Health Issues ◽

Reproductive Health Care ◽

Genital Mutilation ◽

Action Programme ◽

Harmful Traditional Practices ◽

Health Laws ◽

Female Genital

<span lang="EN-GB">There is no gainsaying the fact that the ICPD Call for Action Programme and the Beijing Conference has had pivotal roles in the evolution and growth of Reproductive Health Laws. These reproductive health laws in turn have served as a means of resolution to Reproductive health issues which include but are not limited to issues such as early and under-aged marriage, adolescent pregnancy, harmful traditional practices examples of which include Female Genital Mutilation (FGM), widowhood practice, domestic violence, abortion, HIV/AIDS, Maternal mortality/morbidities and improper family planning. Many challenges remain in the effort to address these health issues. The major setback has been the failure of state parties (countries) to incorporate these International Reproductive Health Care instruments into their legal system as well as the implementation of these laws. This paper highlights the legality of the ICPD in the context of International Law and also focuses on the emerging roles of laws in Reproductive Health Care in Nigeria</span>

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Tax Compliance and the Revenue Rule in Prosecutions for Wire and Mail Fraud

International and Comparative Law Quarterly ◽

10.1017/s0020589300063284 ◽

1999 ◽

Vol 48 (2) ◽

pp. 437-446

Author(s):

Robert B. Chapman

Keyword(s):

United States ◽

International Law ◽

Tax Compliance ◽

Court Of Appeals ◽

The Us ◽

Tax Laws

The “revenue rule” is a “well-settled principle of international law that one nation's courts will not enforce the tax claims of another jurisdiction”.1 The US Court of Appeals for the Second Circuit has recently held, however, that using US foreign or interstate telecommunications to devise a scheme to defraud a foreign revenue authority is wire fraud under US law. In United States v. Trapilo2 the Second Circuit reversed the dismissal of indictments against alleged smugglers charged with using telephones and fax machines to effect tax-evasive importation of alcohol into Canada. Under Trapilo, which conflicts with a contrary First Circuit decision on almost identical facts, 3 the entire breadth of US wire and mail fraud precedent may apply to punish violations of foreign tax laws. Moreover, the decision substantially erodes the revenue rule.

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