Abortion and Human Rights in Central America

Janus Head ◽  
2019 ◽  
Vol 17 (1) ◽  
pp. 9-43
Author(s):  
Gabriela Arguedas-Ramirez ◽  

This essay aims to show that the nations of Central America must create access to safe and legal abortion as well as promote a political dialogue on the subject that is based on reason and science, rather than religion. Not only does prohibiting abortion constitute a violation of women's human rights, but, based on international human rights law as well as the minimum duties of civil ethics, failing in to provide such access or dialogue would mean failing to meet the standards of a legitimate democratic state.

Author(s):  
Daniel Moeckli

The principle of equality and non-discrimination has gained a prominent status in virtually every liberal democratic state as well as in international law. However, what this fundamental rule entails in practice is difficult to establish. The challenge is to give substance to the abstract notion of equality by translating it into concrete legal formulations that clarify which forms of unequal treatment are legitimate because they are based on morally acceptable criteria and which ones are wrongful. This chapter explains how this challenge has been addressed in international human rights law. It is organized as follows. Section 2 discusses the meaning of equality and non-discrimination. Section 3 gives an overview of the different norms guaranteeing equality and non-discrimination in international human rights law. Section 4 explains the concepts of direct and indirect discrimination. Section 5 considers the requirements for a difference in treatment to be justified under international human rights law, and Section 6 sets out the various obligations that the right to equality imposes on states, in particular their duty to take positive action to ensure everyone can enjoy this right.


Author(s):  
Rhona K. M. Smith

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; key treaties and mechanisms for monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.


Author(s):  
Rhona K. M. Smith

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skillfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. It discusses the United Nations; the International Bill of Human Rights; the United Nations’ organizational structure; regional protection of human rights; Europe; the Americas; Africa; monitoring, implementing, and enforcing human rights; substantive rights; equality and non-discrimination; the right to life; freedom from torture; cruel, inhuman, and degrading treatment or punishment; the rights to liberty of person; equality before the law; the right to a fair trial; the right to self-determination; freedom of expression; the right to work; the right to education and human rights education; minority rights; and group rights.


2006 ◽  
Vol 19 (2) ◽  
pp. 349-391 ◽  
Author(s):  
ALICE EDWARDS

International human rights law has been the subject of much scrutiny by feminist scholars over the past two decades, principally because of the way in which it is seen as privileging the realities of men's lives while ignoring or marginalizing those of women. The international prohibition on torture is identified by feminist writers as a classic example of this ‘male’-gendered nature of human rights law. This article explores the extent to which key feminist critiques of the 1980s and 1990s are now reflected in the commentary and jurisprudence on torture of various international human rights bodies. It asks: have the critiques of international human rights law been satisfied by interpretations applied by international and regional bodies to this so-called ‘male’ right? It concludes by offering both caution and counsel – it cautions against the potentiality of new interpretations simply replacing old gender-based stereotypes with new ones and counsels international decision-makers to focus on the individual or personalized characteristics and circumstances of each claim, of which sex/gender may be but one factor.


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