scholarly journals Costa Rica's Oversized Role in Latin American Sexual and Reproductive Rights Lawfare

2021 ◽  
Vol 17 (3) ◽  
Author(s):  
Lynn M. Morgan

Abstract Costa Rica's reputation as a stable democracy and champion of inter-American human rights law makes it both beacon and bellwether for sexual and reproductive rights in the American continent. The Costa Rican government brought cases involving in vitro fertilization and same-sex marriage to the Inter-American Court of Human Rights, which issued historic decisions expanding reproductive and sexual rights across Latin America. In response, a transnational coalition of self-proclaimed pro-life and pro-family organizations has targeted the Organization of American States and its system of inter-American human rights law, calling on the OAS to respect national sovereignty concerning life and family matters. This chapter traces Costa Rica's key role in Latin American sexual and reproductive rights lawfare as well as the resulting backlash.

Author(s):  
Cora Fernández Anderson

This chapter provides an overview of women’s movements in Latin America, from their early emergence at the turn of the twentieth century until today, as well as of the scholarly discussions that followed. The chapter identifies the similarities and differences with mobilizations of women in industrialized northern countries while also highlighting the contributions of Latin American scholars and experiences to the analysis of women’s movements. It explores the national, regional, and international contexts that influenced women’s mobilization throughout the years and discusses the internal tensions around goals and strategies among women’s organizations. It argues that Latin American women’s movements have been behind significant political and cultural transformations. Through the struggles for women’s suffrage, labor rights, human rights accountability, democratization, equal parental rights, indigenous rights, sexual and reproductive rights, and against sexual violence, women have contributed to the democratization of families, societies, and nations.


Author(s):  
N. V. Kruchinina

This article analyzes the demographic problems in Russia and PRC. It is concluded that the assisted reproductive technologies (In vitro fertilization, surrogacy, etc.) are effective methods of treating infertility, and thus partially settling those demographic problems. Different views on human rights of reproduction are analyzed. It justifi es the need to protect reproductive health. The number of cases of the use of assisted reproductive technologies in Russia and China is increasing. Legislation governing legal relations in this area needs further development.


2019 ◽  
Vol 10 (2) ◽  
pp. 1-6
Author(s):  
Shaorin Tanira ◽  
Raihana Amin ◽  
Sanchita Adhikary ◽  
Khadiza Sultana ◽  
Rashida Khatun

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.


2017 ◽  
Vol 9 (1) ◽  
pp. 34-67
Author(s):  
Antonia Baraggia ◽  
Maria Elena Gennusa

Abstract International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human rights adjudication.


Author(s):  
Roberto F. Caldas

During 2016, the Inter-American Court of Human Rights issued fourteen judgments in contentious cases and seven interpretations of previous judgments that covered a wide variety of issues, ranging from grave human rights violations, such as forced disappearances, to violations of the minimum guarantees of due process. However, it is important to note this year as one in which the protection of sexual and reproductive rights was brought to the fore of the Court’s jurisprudence, and one in which the Court tackled new issues, such as forced sterilization and modern-day slavery.


2019 ◽  
Vol 11 (6) ◽  
pp. 536-544
Author(s):  
Zubairu Iliyasu ◽  
Hadiza S Galadanci ◽  
Ahmad A Zubairu ◽  
Taiwo G Amole ◽  
Nadia A Sam-Agudu ◽  
...  

Abstract Background The restriction of reproductive rights of HIV-positive couples in low-resource settings could be related to the attitudes and skills of health workers. We assessed health workers’ knowledge of safer conception and their attitudes toward the reproductive rights of HIV-positive couples in a tertiary hospital in Nigeria. Methods A cross-section of health workers (n=294) was interviewed using structured questionnaires. Knowledge and attitude scores were analyzed. Logistic regression was employed to generate adjusted odds ratios (AORs) for predictors of attitude. Results Safer conception methods mentioned by respondents included timed unprotected intercourse with (27.9%) and without antiretroviral pre-exposure prophylaxis (37.4%), in vitro fertilization plus intracytoplasmic sperm injection (26.5%), and sperm washing and intrauterine insemination (24.8%). The majority (94.2%) of health workers acknowledged the reproductive rights of HIV-infected persons, although (64.6%) strongly felt that HIV-infected couples should have fewer children. Health workers reported always/nearly always counseling their patients on HIV transmission risks (64.1%) and safer conception (59.2% and 48.3% for females and males, respectively) (p<0.05). Among health workers, being older (30–39 vs <30 y) (AOR=1.33, 95% CI=1.13–2.47), married (AOR=2.15, 95% CI=1.17–5.58) and having a larger HIV-positive daily caseload (20–49 vs <20) (AOR=1.98, 95% CI=1.07–3.64) predicted positive attitude towards reproductive rights of HIV-affected couples. Conclusions Health workers had limited knowledge of safer conception methods, but were supportive of the reproductive rights of HIV-positive couples. Health workers in Nigeria require training to effectively counsel couples on their reproductive rights, risks and options.


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