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1
Davis, Gayle, and Roger Davidson. "“A Fifth Freedom” or “Hideous Atheistic Expediency”? The Medical Community and Abortion Law Reform in Scotland, c.1960–1975." Medical History 50, no. 1 (January 1, 2006): 29–48. http://dx.doi.org/10.1017/s0025727300000120.
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The purpose of the Medical Termination of Pregnancy Bill, published on 15 June 1966, was to amend and clarify the law relating to termination of pregnancy by a registered medical practitioner. When David Steel, a young Liberal MP from the Scottish Borders, put this bill forward, some suggested that a Scottish politician had no need to introduce abortion reform since Scots law was already satisfactory in this regard. Certainly, abortion law in Scotland was more flexible than its English counterpart, and the number of prosecutions few. The line between criminal and non-criminal abortion was, however, just as indistinct, with great medical uncertainty in this area. On becoming law, the 1967 Abortion Act was the first piece of abortion-related legislation to cover Scotland, England and Wales collectively. None the less, for a variety of legal and moral reasons, abortion policy and practice continued to differ on either side of the Border.
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Law, Nathaniel. "Abortion: Supreme Court Avoids Disturbing Abortion Precedents by Ruling on Grounds of Remedy – Ayotte v. Planned Parenthood of Northern New England." Journal of Law, Medicine & Ethics 34, no. 2 (2006): 469–71. http://dx.doi.org/10.1111/j.1748-720x.2006.00055.x.
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On January 18, 2006, the United States Supreme Court unanimously held that the constitutional challenge to New Hampshire's Parental Notification Prior to Abortion Act would be remanded to the United States Court of Appeals for the First Circuit, to determine whether the Court of Appeals could, consistent with New Hampshire's legislative intent, formulate a narrower remedy than a permanent injunction against enforcement of the parental notification law in its entirety.In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act (“The Act”). The Act specifies, in pertinent part, that “No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed… until at least 48 hours after written notice of the pending abortion has been delivered....” The Act allows for three exceptions where a physician may perform an abortion on a minor child without parental or guardian notification.
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Scott, Rosamund. "RECONSIDERING “WRONGFUL LIFE” IN ENGLAND AFTER THIRTY YEARS: LEGISLATIVE MISTAKES AND UNJUSTIFIABLE ANOMALIES." Cambridge Law Journal 72, no. 1 (March 2013): 115–54. http://dx.doi.org/10.1017/s0008197313000044.
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AbstractUnder English law a child born disabled, for instance by Tay Sachs disease, as a result of negligent embryo selection by preimplantation genetic diagnosis (‘PGD’), can sue the relevant health professionals by means of a 1990 amendment to the Congenital Disabilities (Civil Liability) (‘CD’) Act 1976. By contrast, a second child conceived outside the in vitro fertilisation (‘IVF’) clinic, whose Tay Sachs is not detected in utero by means of prenatal diagnosis, can have no claim against the relevant health professionals due to the decision in McKay and Another v Essex Area Health Authority, which held that a child can have no claim for so-called “wrongful life”. This paper argues that this difference is anomalous and inequitable. It highlights the inadvertent way in which the legislative exception was crafted and shows that there are no relevant differences between the selection practices of PGD and PND that would in any event justify such different treatment. It critiques the English common law position on wrongful life by analysing the ethical and legal foundations of such a claim, arguing that the action should be permitted on the basis of a certain degree of severity, namely where a future child is likely to think that his or her life is not worth living. The analysis makes particular reference to developments since McKay in the law relating to the selective non-treatment of neonates, selective abortion, wrongful birth, and the action for wrongful life itself, as well as to the legal position of pregnant women in relation to the fetus, and the critique by people with disabilities of the practices of PGD and PND. The paper argues that McKay and those parts of the CD Act that purport to deny a claim for wrongful life to children born outside the IVF context should be revisited when the opportunity arises. The duty that health professionals already owe prospective parents to advise of a condition in a developing fetus that would give rise to serious impairments in the future child (which sounds in an action for so-called “wrongful birth”) should be owed at the same time to the future child, realised by advice to the pregnant woman, where a child is likely to be born with a condition that is so severe that any goods in life are outweighed by the burdens.
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DeSanto, Marisa J., and Robert A. Bitonte. "Abortion Legislation: Unsafe? Unconstitutional?" Journal of Legal Medicine 40, sup1 (February 1, 2020): 5. http://dx.doi.org/10.1080/01947648.2020.1715724.
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Bevan, Chris. "Reconceptualising Homelessness Legislation in England." Modern Law Review 84, no. 5 (May 2, 2021): 953–73. http://dx.doi.org/10.1111/1468-2230.12634.
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Gutierrez-Romine, Alicia. "Abortion and the Law in California." California History 99, no. 1 (2022): 10–29. http://dx.doi.org/10.1525/ch.2022.99.1.10.
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Though California is recognized for protecting women’s right to choose today, this was not always the case. Abortion was illegal in California, as it was in all other states in the late nineteenth and early twentieth centuries; over time, however, California witnessed a series of legal amendments and cases that pressed on its nineteenth-century statute—culminating in the decriminalization of abortion years before Roe v. Wade. This article begins with the history of California abortion legislation, then analyzes recent laws passed elsewhere in the United States, showing how these new laws simply repeat laws previously passed and discarded in California. This overview should prove helpful to citizens and legislators who wish their states to follow suit and protect choice.
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Grubb, Andrew. "Abortion Law in England: The Medicalization of a Crime." Law, Medicine and Health Care 18, no. 1-2 (March 1990): 146–61. http://dx.doi.org/10.1111/j.1748-720x.1990.tb01143.x.
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Gevers, Sjef. "Abortion Legislation and the Future of the 'Counseling Model'." European Journal of Health Law 13, no. 1 (2006): 27–40. http://dx.doi.org/10.1163/157180906777036355.
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AbstractThis article aims at further reflection on the 'counseling model'. It is based on the recent evaluation of the Dutch abortion act. How has this model worked in the Netherlands? What can be learned from that experience about its weak and strong sides, as well as about its suitability for the future, taking into account relevant medical and societal developments? In doing so, the article first elaborates on three models relating them also to the present legal situation in a number of European countries. A description of the Dutch act and a report on the results of the evaluation study which was carried out in the years 2004–2005 is given. Finally, on the basis of these findings, the author discusses the merits of the 'counseling model', also with a view to the future.
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Lyons, Donald. "Unappealing legislation?" Advances in Psychiatric Treatment 16, no. 6 (November 2010): 438–39. http://dx.doi.org/10.1192/apt.bp.110.008524.
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SummaryThe deprivation of liberty safeguards apply to England and Wales. In Scotland, trends and uncertainties in the use of welfare guardianship (the equivalent action under Scottish law) provide a useful comparison. In both jurisdictions, there are risks to the rights of individuals.
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Petersen, Kerry. "Abortion Laws: Comparative and Feminist Perspectives in Australia, England and the United States." Medical Law International 2, no. 2 (March 1996): 77–105. http://dx.doi.org/10.1177/096853329600200201.
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In this article I examine the paradoxical nature of abortion developments in three jurisdictions and find that reproductive freedom is a more elusive goal in the United States where abortion has been elevated to a qualified right, than in England or Victoria where nineteenth century criminal statutes have been modified but not repealed. Abortion is now a moral scapegoat in the United States and it is difficult to predict if it will ever be resolved. Changes to law in the other two jurisdictions were less extreme and were shaped by a gradual change in attitudes towards abortion. Nevertheless, the laws in all three jurisdictions deny women full reproductive freedom and are founded on the assumption that women are not responsible moral beings. The repeal of all laws concerning abortion would be a stepping stone to re-framing moral questions about abortion and developing a distinctive feminine morality which attends to the needs of women.
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Faúndes, Anibal, Rozana Martins Simoneti, Graciana Alves Duarte, and Jorge Andalaft-Neto. "Factors associated to knowledge and opinion of gynecologists and obstetricians about the Brazilian legislation on abortion." Revista Brasileira de Epidemiologia 10, no. 1 (March 2007): 6–18. http://dx.doi.org/10.1590/s1415-790x2007000100002.
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INTRODUCTION: Unsafe abortion accounts for about 12% of maternal deaths in Brazil, although many of these women could meet the requirements for legal abortion in this country. Physicians' inappropriate knowledge of the law may be playing a role in this situation. OBJECTIVE: To evaluate which factors are associated with the level of information and the opinion of the Brazilian gynecologists-obstetricians concerning abortion laws. METHODS: Questionnaires (14.320) were sent to all physicians affiliated to the Brazilian Federation of Gynecology and Obstetrics Associations (FEBRASGO), and 30.2% were returned completed. RESULTS: Most of respondents showed a good knowledge of the situations in which abortion is allowed but not about the documents required to carry out a legal abortion. However, most of them knew about the need for a judicial order in case of abortion of malformed fetus. Knowledge was associated with age, number of children and years of practice. DISCUSSION AND CONCLUSIONS: Poor knowledge on the requirements to carry out an abortion within the law may be a main factor responsible for the lack of access to legal abortion in Brazil.
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Chakraborty, Anogh, and Shubhayan Chakraborty. "The Reform of Abortion Law in India: A Critique." Contemporary Challenges: The Global Crime, Justice and Security Journal 3 (September 28, 2022): 99–117. http://dx.doi.org/10.2218/ccj.v3.7103.
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After six consecutive years of discourse, India has finally passed the amendment to its Medical Termination of Pregnancy (MTP) Act of 1971. This paper addresses the problems that the 2021 Amendment may prove to be inadequate to resolve, considering the existing practical lacunae between the vision of the legislation and the implementation of the law. It analyses and conducts a study on the numerous socio-economic factors that relates to the nuances of unlawful abortions, the extent to which this amendment has been able to address such problems, and how effectively has the Judiciary been able to provide appropriate remedies in accordance with the jurisprudence of the law of abortion. The paper also deliberates on the viability of the prescribed specialised Medical Board in the present infirm medical infrastructure of the country. Furthermore, several crucial elements of the concerned legislation have been left to be addressed by the MTP Rules that is yet to be enacted. This paper, in order to provide suggestive measures for such voids, attempts to strike a balance between the right to personal liberty and the right to life of an unborn, placing reliance on a comparative evaluation of the laws regarding abortion above the gestation period in other jurisdictions. In conclusion, the paper appreciates the gradual progression of abortion law in India while establishing a nexus with the recent relevant legislative developments and the socio-political role of the debate between pro-choice and pro-life in the judicial decision-making.
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Side, Katherine. "Abortion Im/mobility: Spatial Consequences in the Republic of Ireland." Feminist Review 124, no. 1 (March 2020): 15–31. http://dx.doi.org/10.1177/0141778919894891.
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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 on others. I analyse the spatial consequences of legal limitations, including non-medically necessary delays in care and medical control of medication abortions, that necessitate travel for abortion. I demonstrate how current laws fix some pregnant 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.
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Stark, Shona Wilson. "NORTHERN IRELAND'S ABORTION LEGISLATION: PROCEDURAL AND SUBSTANTIVE CONFUSION OVER DECLARATIONS OF INCOMPATIBILITY." Cambridge Law Journal 77, no. 3 (November 2018): 448–51. http://dx.doi.org/10.1017/s0008197318000818.
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Slack, Stephen. "General Synod of the Church of England." Ecclesiastical Law Journal 13, no. 1 (December 13, 2010): 84–86. http://dx.doi.org/10.1017/s0956618x10000840.
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The single most important piece of legislative business considered by the Synod in 2010 was, of course, the draft legislation relating to women in the episcopate. Having been given First Consideration by the Synod in February 2009, the draft legislation was the subject of detailed consideration by a Revision Committee between May 2009 and April 2010. The Revision Committee received 297 submissions, of which 114 were from individual Synod members or groups including Synod members and others. In consequence, it met on 16 occasions and its report ran to 142 pages.
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George, Steve. "Physical restraint and the law in England." British Journal of Mental Health Nursing 9, no. 3 (August 2, 2020): 1–7. http://dx.doi.org/10.12968/bjmh.2019.0021.
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The Mental Health Units (Use of Force) Act 2018 is due to come into force, with the aim of increasing the management and oversight of the use of force in mental health hospitals. It does not, however, provide any powers for staff to lawfully restrain patients. Nursing staff must rely on a miscellany of legal provisions and authorities to justify the physical restraint of patients. This article sets out the circumstances when mental health nurses may lawfully use physical restraint on patients, with reference to domestic and European legislation and case law.
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Calkin, Sydney, and Ella Berny. "Legal and non-legal barriers to abortion in Ireland and the United Kingdom." Medicine Access @ Point of Care 5 (January 2021): 239920262110400. http://dx.doi.org/10.1177/23992026211040023.
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This article compares abortion laws, regulations and access patterns in the United Kingdom and the Republic of Ireland. We focus in most detail on the Republic of Ireland, Northern Ireland and England with a shorter discussion of Scotland and Wales. We attend to the laws and legal reforms in each region but also consider the non-legal factors that restrict or facilitate abortion services in each place. In this article, we seek to illustrate the complex relationship between abortion law and abortion access, noting especially how non-legal barriers shape the way an abortion law functions for the people who live under it.
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Zielińska, Eleonora. "Recent trends in abortion legislation in Eastern Europe, with particular reference to Poland." Criminal Law Forum 4, no. 1 (February 1993): 47–93. http://dx.doi.org/10.1007/bf01096024.
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Yoshida, Rie. "Ireland's restrictive abortion law: a threat to women's health and rights?" Clinical Ethics 6, no. 4 (December 2011): 172–78. http://dx.doi.org/10.1258/ce.2011.011032.
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The Grand Chamber of the European Court of Human Rights has recently handed down its judgement in the case of three women contesting the abortion law in the Republic of Ireland, which has one of the most restrictive abortion laws in the world. Although the Court ruled that Ireland had to clarify the current law following the success of one of the three claims, the failure of the other two claims allows Ireland to continue to enforce its law, which has an adverse effect on women's health. This paper, therefore, proposes an amendment to abortion legislation in the Republic of Ireland that would be compatible with safeguarding women's health, highlighting several circumstances in which the continuation of a pregnancy may have a detrimental impact on a woman's physical and/or mental health.
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de Costa, Caroline M., Darren B. Russell, Naomi R. de Costa, Michael Carrette, and Heather M. McNamee. "Introducing early medical abortion in Australia: there is a need to update abortion laws." Sexual Health 4, no. 4 (2007): 223. http://dx.doi.org/10.1071/sh07035.
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Recent changes to Federal Therapeutic Goods Administration legislation have seen the limited introduction of the drug mifepristone to Australia for the purpose of early medical abortion. At the same time it has become evident that both methotrexate and misoprostol, licenced and available for other indications, are being used safely and appropriately for early abortion by Australian medical practitioners. Early medical abortion is widely practiced overseas where its safety and effectiveness are well supported by current evidence. However, abortion law in many states is still contained within the Criminal Codes and does not reflect current evidence-based abortion practice. In other states and territories restrictions on where abortions may be performed pose potential barriers to the introduction of mifepristone for medical abortion. There is an urgent need for abortion law to be clarified and made uniform across the country so that the best possible services can be provided to Australian women.
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Miller, Ruth. "POLITICIZING REPRODUCTION IN COMPARATIVE PERSPECTIVE: OTTOMAN, TURKISH, AND FRENCH APPROACHES TO ABORTION LAW." Hawwa 5, no. 1 (2007): 73–89. http://dx.doi.org/10.1163/156920807781787653.
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AbstractIn this essay I discuss modern abortion legislation in the Ottoman Empire, Turkey, and France. Using late nineteenth and early twentieth century fears of population decline and "race suicide" as a starting point, the first half of the essay examines the relationship between nationalist or authoritarian state formation and the criminalization of abortion in all three states. The second half of the paper discusses the gradual de-criminalization of abortion after the Second World War and its relationship to twentieth century rights rhetoric. In this essay I argue that both the criminalization and de-criminalization of abortion in the Ottoman Empire, Turkey, and France were central to modern citizenship formation, each process equally essential to the increasing politicization of reproductive behavior over the modern period. At the same time, I also argue that legislators in all three states looked back to unique "traditions" to serve as foundations for their post-eighteenth century laws—Ottoman and Turkish jurists making use of medieval and early modern debates in the Islamic world surrounding abortion and French jurists making use of an equally well-established Catholic tradition.
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Bevan, Chris. "The Homelessness Reduction Act 2017: furthering not fracturing marginalisation of those experiencing homelessness." International Journal of Law in Context 18, no. 1 (March 2022): 41–54. http://dx.doi.org/10.1017/s174455232200009x.
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AbstractThe Homelessness Reduction Act 2017 represents the most significant change to the rights of homeless people in England for decades. Through an analysis of the history of homelessness legislation in England, but focusing on the ‘ground-breaking’ 2017 Act, this paper explores how the homeless population is represented and ‘constructed’ in this new legislation and what this tells us about the place of homeless people in our society. In so doing, this paper exposes how the 2017 Act – a state instrument of apparent homelessness prevention – can be read and understood as contributing to rather than obviating the marginalisation and social exclusion of homeless people.
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Donley, Greer. "Does the Constitution Protect Abortions Based on Fetal Anomaly?: Examining the Potential for Disability-Selective Abortion Bans in the Age of Prenatal Whole Genome Sequencing." Michigan Journal of Gender & Law, no. 20.2 (2013): 291. http://dx.doi.org/10.36641/mjgl.20.2.does.
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This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—-the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation of this new technology into clinical care will both invigorate anti-choice legislatures to pursue such legislation and cause the laws’ impact on women to be greater than initially anticipated. Using the undue burden standard announced in Planned Parenthood v. Casey, this Note concludes that federal and state disability-selective abortion bans are unconstitutional based on the Due Process Clause. The Note also questions whether the federal government has constitutional authority under its enumerated powers to even enact such a ban. Finally, the Note presents policy reasons for why such an abortion ban will degrade the right to a pre-viability abortion so significantly as to render it non-existent.
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Szelewa, Dorota. "Killing ‘Unborn Children’? The Catholic Church and Abortion Law in Poland Since 1989." Social & Legal Studies 25, no. 6 (December 2016): 741–64. http://dx.doi.org/10.1177/0964663916668247.
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Legislation on abortion in Poland is among the strictest of all European countries. As with Malta and Ireland, the regulations in Poland do not allow for the termination of a pregnancy on the grounds of the difficult social or economic situation of a woman. Post-1989 developments with regard to abortion law in Poland show the influence of the Catholic Church as a very powerful societal actor on the drafting and implementation of one of the most important policies affecting women’s rights and gender relations. Catholic ‘pro-life’ circles exercised pressure in the process of drafting and adopting the new law, as well as at the stage of the law’s implementation. The symbolic victory of the Church over abortion law is evident in the shift in general discourse and in the official language of legal acts, where, for example, ‘foetus’ has been replaced by ‘conceived child’ (in the law) or by ‘unborn child’ (in discourse). As a consequence, for public opinion abortion is seen as tantamount to ‘the act of killing the unborn child’.
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Frimpong, Kwame. "A Review of Rent Control Legislation in Botswana." Journal of African Law 33, no. 1 (1989): 45–54. http://dx.doi.org/10.1017/s002185530000797x.
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The subject “Rent Control” is very wide as it covers many areas. It may deal with the control of rents in respect of agricultural land, industrial property or it may be limited either to dwelling houses or commercial buildings. For the purposes of this paper, “rent control” focuses on the dwelling or residential houses and commercial buildings in the country. The obvious reason is that the current rent control legislation is limited to those properties because of the apparent high level of the rents they attract.The use of legislation to control rents of premises is a product of the twentieth century. In England, for instance, the first attempt to control rents was in 1915, during the First World War. It is interesting to note that the first legislation on rent control in England coincided with the outbreak of the First World War. Rent controls in Nigeria and Ghana were also influenced by the First and Second World Wars respectively. The reason for the introduction of rent control legislation to coincide with world wars is not hard to find. Wars generally create shortages of a number of essential goods because many resources are diverted to the production of armaments and the labour force is channelled to the battle front. Housing is one of the needs of mankind which usually becomes scarce as a result of the outbreak of a major war like the last two World Wars.
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Daukšaitė, Inga. "Teisėto aborto sąvoka pagal Lietuvos teisės aktus." Teisė 81 (January 1, 2011): 60–72. http://dx.doi.org/10.15388/teise.2011.0.133.
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Straipsnyje, analizuojant galiojančius Lietuvos teisės aktus ir teismų praktikos pavyzdžius, siekiama atskleisti Lietuvoje pripažįstamą teisėto aborto sąvoką. Nagrinėjami tiek iš Lietuvos Respublikos baudžiamojo kodekso išplaukiantys, tiek šiuos požymius detalizuojantys bei kai kurie papildomi teisėto aborto požymiai, įtvirtinti kituose teisės aktuose. Straipsnyje taip pat vertinamas kai kurių teisėto aborto požymių aiškinimas Lietuvos teismų praktikoje.The article aims to reveal the concept of legal abortion that is being recognized in Lithuania according to its legislation in force and case-law. The article deals with requirements for legal abortion that follow from the Criminal code of Lithuania, as well as that are provided for in other laws. The way the concept of legal abortion is interpreted in the Lithuanian case-law is also estimated in this article.
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Cranmer, Frank. "General Synod of the Church of England." Ecclesiastical Law Journal 22, no. 1 (December 31, 2019): 76–79. http://dx.doi.org/10.1017/s0956618x19001819.
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This report covers the groups of sessions held in February 2019 and July 2019. After the spate of legislation in 2018, when nine Measures were enacted – the highest number in a single year since the Church was empowered by the Church of England Assembly (Powers) Act 1919 to make Measures having the force and effect of statute – 2019 saw the enactment of just a single Measure.
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McCulloch, Alison, and Ann Weatherall. "The fragility of de facto abortion on demand in New Zealand Aotearoa." Feminism & Psychology 27, no. 1 (February 2017): 92–100. http://dx.doi.org/10.1177/0959353516679432.
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On the whole, women in New Zealand have good access to safe and affordable means to terminate unwanted pregnancies. Although seemingly ideal, the current situation is a fragile one. Under current legislation, abortion is criminalised and legal access to it relies on gaining the approval of two certifying consultant physicians. In this report, we provide an historical overview of the social and political influences shaping New Zealand’s current approach to abortion, considering the consequences of having abortion governed by criminal law. The situation in New Zealand is used to support a proposal that a pragmatic liberal feminist approach to abortion is best for women where it is a medical matter rather than a legal or moral one.
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Petch, Simon. "Law, Equity, and Conscience in Victorian England." Victorian Literature and Culture 25, no. 1 (1997): 123–39. http://dx.doi.org/10.1017/s1060150300004666.
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This paper is concerned with the Judicature Acts of 1873 and 18751 and the controversy surrounding them. The administrative reform of the Judicature was less obviously controversial than some other Victorian reformist legislation, such as the Factory Act, or the Married Women's Property Act, but legal debate about the Judicature Acts brings the law into dialogue with moral debates in the broader arena of Victorian culture. As a response to a crisis of authority in the country's legal institutions, this debate was one significant manifestation of the general conflict between authority and individualism that pervades Victorian discourse. The key terms of the legal debate were law, conscience, and equity, underwritten by the vague but powerful concepts of justice and natural law, and throughout the debate the relationships between legal usage and other forms of language were persistently questioned. The terms were also tested, and the questions asked, in such central literary texts asDaniel Deronda, Idylls of the King, andThe Ring and the Book, and in the writings of such culturally central figures as Charles Darwin and Frederick Denison Maurice.
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LaRose, Cassandra, and Michael S. Sinha. "EACH Person’s Right: The Importance of Federal Abortion Care Funding to Health Care Reform." American Journal of Law & Medicine 48, no. 2-3 (July 2022): 266–74. http://dx.doi.org/10.1017/amj.2022.25.
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AbstractThe United States has a long and controversial history with abortion that did not end with Roe v. Wade. Almost immediately thereafter, anti-choice politicians commenced a decades-long effort to restrict access to abortion, recently culminating in the Dobbs decision that overturned Roe. One successful attempt to restrict access immediately following Roe was the Hyde Amendment. With more Americans covered by federally funded health insurance than ever, the Hyde Amendment creates an insurmountable barrier to abortion care for those who lack other sources of financing.Despite the impacts of the Hyde Amendment, support for discontinuing the amendment has been weak. For the first time in over forty years, the United States is in a position to change its abortion funding policy. Beyond ending Hyde, the EACH Act has been introduced in Congress to ensure permanent funding for abortion through all federally funded insurance programs. To secure funding for abortion and reduce barriers to access, advocates must press the federal government to pass legislation such as the EACH Act.
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Mujovic-Zornic, Hajrija. "Reproductive rights: Current issues of late abortion." Stanovnistvo 47, no. 1 (2009): 49–67. http://dx.doi.org/10.2298/stnv0901049m.
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This article considers the legal issues surrounding induced late abortion in cases when severe medical, therapeutic or ethical reasons have not been in dispute. Generally discussing the essential question about abortion today, it means not anymore legality of abortion but, in the first place, safety of abortion. From the aspect of woman health the most important aim is to detect and avoid possible risks of medical intervention, such as late abortion present. This is the matter of medical law context and also the matter of the woman's reproductive rights, here observed through legislation and court practice. The gynecologist has an obligation to obtain the informed consent of each patient. Information's should be presented in reasonably understandable terms and include alternative modes of treatment, objectives, risks, benefits, possible complications, and anticipated results of such treatment. Pregnant woman should receive supportive counseling before and particularly after the procedure. The method chosen for all terminations should ensure that the fetus is born dead. This should be undertaken by an appropriately trained practitioner. Reform in abortion law, making it legally accessible to woman, is not necessarily the product of a belief in woman's rights, but can be a means of bringing the practice of abortion back under better control. Counseling and good medical practice in performing late abortion are the instruments to drive this point even further home. It does not undermine the woman who wants to make a positive decision about her life and its purpose is not to produce feelings of insecurity and guilt. It concludes that existing law should not be changed but that clear rules should be devised and board created to review late term abortion. In Serbia, this leads to creation and set up guidelines for reconciling medical justification for late abortion with existing law, especially with solutions which brings comparative law. .
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Grout, Christopher. "The Seal of the Confessional and the Criminal Law of England and Wales." Ecclesiastical Law Journal 22, no. 2 (May 2020): 138–55. http://dx.doi.org/10.1017/s0956618x20000034.
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The seal of the confessional is often described as ‘inviolable’. The idea that what is said or done in furtherance of private confession may be subjected to scrutiny as part of litigation is often considered to be absurd. But what is the legal basis for such forthright rejection? The revised Canons of the Church of England do not address the issue at all; instead the matter falls to be covered by the unrepealed proviso to Canon 113 of the Code of 1603. In England and Wales there is no primary legislation which clearly and coherently deals with the question of the admissibility of matters said in private confession before courts and tribunals. Contrast that with the United States of America, where every single state has enacted statutory provisions which provide safeguards to admissibility, albeit to differing degrees. Recent developments in Australia have, conversely, involved the enactment of legislation making it a crime for a priest to withhold, in certain circumstances, matters said to him or her in the course of private confession. In 1990, Judge Bursell QC reviewed the existing case law on the subject (sparse though it is) and found it to be contradictory, with judgments appearing to be based upon personal opinions as opposed to legal analysis. There have been some interesting ‘post-Bursell’ developments, in terms of both legislation and case law, which are discussed in this article. In Ecclesiastical Law, Mark Hill QC suggests that ‘it is likely that a trial judge would exclude evidence of a confession made to a priest’. This article is essentially an analysis of that conclusion with a view to determining whether it is right to assume that, even if not adequately protected by legislation, things said or done in furtherance of private confession are likely to be excluded from secular criminal proceedings.
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Jabbari, D. "Abortion, Doctors and the Law: Some Aspects of the Legal Regulation of Abortion in England from 1803 to 1982." Journal of Medical Ethics 16, no. 3 (September 1, 1990): 164–65. http://dx.doi.org/10.1136/jme.16.3.164-a.
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Pradana, Firdaus Pria, Rahtami Susanti, and Bayu Setiawan. "LEGAL PROTECTION OF ABORTION ABUSERS IN THE PREGNANCY OF RAPE IN INDONESIA." UMPurwokerto Law Review 1, no. 1 (August 5, 2020): 9. http://dx.doi.org/10.30595/umplr.v1i1.8053.
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Abortion is prohibited except on the basis of indications of medical emergencies and pregnancy due to rape as regulated in Article 75 paragraph (2) of Law Number 36 the Year 2009 Concerning Health. Nevertheless, there are some cases where rape victims who abort their womb are found guilty of violating Article 346 of the Criminal Code. This study discusses the legal protection of abortionists in pregnancy due to rape. The purpose of this study was to analyze the legal protection of victims of rape who had an abortion (abortion provokes). The research method used is a normative juridical approach that is through literature studies that examine secondary data in the form of legislation and other legal documents, research results, results of studies, and other references. The results of this study are that rape victim who did an abortion were not convicted in accordance with Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health and the existence of pre and post-abortion counseling in accordance with Article 37 of Government Regulation Number 61 of 2014 concerning Reproductive Health.Keywords: Legal protection, Abortion, the rape victim
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Slack, Stephen. "General Synod of the Church of England." Ecclesiastical Law Journal 11, no. 1 (December 10, 2008): 88–91. http://dx.doi.org/10.1017/s0956618x09001690.
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In February, the Synod revised the draft legislation on clergy terms of service. Attention was chiefly focused on the parts of the draft Ecclesiastical Offices (Terms of Service) Measure dealing with the vesting of parsonage houses; in the event, the Synod voted to reject those provisions under which ownership of parsonage houses would have been transferred from the incumbent to the diocesan parsonages board. In contrast, the draft of the Regulations to be made under the Measure, which will specify the detailed terms of service, was accepted without amendment.
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Hudaybergenov, Behzod. "THE DEVELOPMENT OF INSOLVENCY (BANKRUPTCY) LAW AND FORMATION OF BASIC PRINCIPLES IN THE WEST." Jurisprudence 1, no. 4 (December 14, 2021): 50–65. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./badw6498.
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This article analyzes the emergence and development of norms aimed at the legal regulation of insolvency in Ancient Rome, Italy, France, Germany and England in the Middle Ages. Roman law also explains the procedure for fulfilling the claims of the debtor’s creditors, the retention of which is focused on the debtor’s personality and property, the privileges granted to the debtor, and in which cases the debtor is released from liability. In addition, in the Middle Ages, the impossibility of paying for trade in Italy, France, Germany and England was studied – the formation of a bankrupt, the creation of a regulatory framework, features that differ from each other in the legislation of states and their similar aspects. An attempt was made to reveal the content of various tools used in the process in these states, it was analyzed which rules are still widely used today, and how these norms have entered into the legislation of Uzbekistan, and how they are now called and applied. It is on the basis of the legislation adopted in these states that various directions and trends in the law of insolvency are established. It also covered the issues of restoring the existing in history and lost its force, but socially useful, by changing the rules and norms in the current legislation.
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SHAVE, SAMANTHA A. "THE IMPACT OF STURGES BOURNE'S POOR LAW REFORMS IN RURAL ENGLAND." Historical Journal 56, no. 2 (May 3, 2013): 399–429. http://dx.doi.org/10.1017/s0018246x13000034.
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ABSTRACTEngland was blighted by frequent agricultural depressions in the late eighteenth and early nineteenth centuries. Recurrent crises brought poor law reform to the parliamentary agenda and led to the passage of two non-compulsory pieces of legislation, Sturges Bourne's Acts of 1818 and 1819. These permissory acts allowed parishes to ‘tighten up’ the distribution of poor relief through two vital tools: the formation of select vestries, and the appointment of waged assistant overseers. Whilst previous studies have tended to represent the legislation as a failing reform in the dying days of the old poor law, we know remarkably little about the relief practices deployed by parishes operating under the auspices of Sturges Bourne's Acts. This article starts by detailing the genesis of the reforms before considering the provisions of the acts and their rates of adoption in rural England. Focusing upon administrative records from Wessex and West Sussex, the article proceeds to examine the inspection of relief claimants, and judgments made as to their ‘character and conduct’; the general measures taken to reduce outdoor relief; and their alternative strategies for allocating relief. It is argued that the reforms re-drew the distinction between ‘deserving’ and ‘undeserving’ poor, ultimately changing individuals' and families' entitlement to relief under the old poor laws.
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Jurasinski, Stefan. "Reddatur Parentibus: The Vengeance of the Family in Cnut's Homicide Legislation." Law and History Review 20, no. 1 (2002): 157–80. http://dx.doi.org/10.2307/744159.
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TheAnglo-Saxon Chroniclestates that during his 1018 meeting in Oxford with the leading English ecclesiastical and lay authorities, roughly one year after his accession to the throne in England, Cnut agreed to uphold “the laws of Edgar” during his reign. The ultimate outcome of this and subsequent meetings is the code issued at Winchester in 1020, referred to by editorial convention as I and II Cnut. This code contains, respectively, the religious and secular laws of England promulgated under Cnut. The code is contained in four manuscripts in Old English. The earliest are British Library, Cotton Nero A.i and Cambridge, Corpus Christi College (CCCC) 201, both dated to the mid-eleventh century; the latest, Cambridge, Corpus Christi College (CCCC) 383 and British Library, Harley 55, belong to the early twelfth century. Cnut's code reappears in three twelfth-century Norman Latin tracts intended to acquaint French authorities with English law, theInstituta Cnuti, Consiliatio Cnuti, andQuadripartitus. TheLeges Henrici Primi, prepared by the same author as theQuadripartitus, also draws heavily on Cnut's legislation.
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Pellico-López, Amada, María Paz-Zulueta, Jimena B. Manjón-Rodríguez, Mar Sánchez Movellán, Purificación Ajo Bolado, José García-Vázquez, Joaquín Cayón-De las Cuevas, and Laura Ruiz-Azcona. "Evolution of Legislation and the Incidence of Elective Abortion in Spain: A Retrospective Observational Study (2011–2020)." International Journal of Environmental Research and Public Health 19, no. 15 (August 5, 2022): 9674. http://dx.doi.org/10.3390/ijerph19159674.
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Background: According to the WHO, “unsafe abortion occurs when a pregnancy is terminated either by people lacking the necessary skills or in an environment that does not conform to minimal medical standards, or both”. Aim: To review the legislation that ensures access to elective abortion and the main indicators of elective abortion in Spain. Methods: A retrospective observational study was conducted across all regions of Spain from 2011 to 2020. The regulations of each region on the creation of the clinical committee and the creation of the registry of conscientious objector professionals were identified. Data were collected on rates of elective abortions per 1000 women, type of health center where the intervention was performed, interval of weeks of gestation, and cause. Results: After Law 2/2010 entered into force, the Spanish regions created a clinical committee; however, very few regions have a registry of conscientious objectors. During the study period, the average annual rate in Spain was 11.10 elective abortions per 1000 women between 15 and 44 years of age, showing a decreasing trend (annual percentage change of −1.92%). Only 10.67% of abortions were performed at public centers. In 90.18% of the cases, abortions were performed at the woman’s request. Conclusion: Spain legislated late compared to most European Union countries. The current law is similar to that of other member states, allowing abortion at the woman’s request in the first fourteen weeks and thereafter for medical reasons. Most abortions are performed at private centers, although many territorial inequalities are observed.
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Jacoby, Robin. "Old age psychiatry and the law." British Journal of Psychiatry 180, no. 2 (February 2002): 116–19. http://dx.doi.org/10.1192/bjp.180.2.116.
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BackgroundOld age psychiatry is no less subject to increasing legal and quasi-legal restraint than other branches of the profession, but the emphases are different. Two themes predominate: first, that of capacity or competence; and second, to what extent formal legal measures should be implemented in cases where incapacitated patients do not dissent from, as opposed to giving active consent to, admission to hospital or receiving treatment.AimsTo discuss the issues of capacity or competence, especially in relation to recent legislation and judgements and to proposed legislation in England and Wales.MethodSelective review and discussion of recent case law and current and proposed statute law.Results and conclusionsThe Bournewood case threatened but ultimately failed to upset the status quo. However, the European Convention on Human Rights and the British Human Rights Act 1998 may yet do so.
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Tongue, Zoe L. "Crowter v Secretary of State for Health and Social Care [2021] EWHC 2536: Discrimination, Disability, and Access to Abortion." Medical Law Review 30, no. 1 (November 25, 2021): 177–87. http://dx.doi.org/10.1093/medlaw/fwab045.
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Abstract In a recent case before the High Court of England and Wales, Crowter v Secretary of State for Health and Social Care, three claimants challenged the disability ground for abortion contained in section 1(1)(d) of the Abortion Act 1967. It was argued on behalf of the claimants that this provision was incompatible with a number of rights protected by the European Convention on Human Rights. Among the arguments made was a claim that this provision perpetuates discriminatory attitudes and negative stereotypes towards disabled people. While the case was rightly unsuccessful, as restricting or removing section 1(1)(d) would only force pregnant people to continue pregnancies in difficult circumstances, the claim around discrimination carries some weight. The High Court rejected this line of argument, missing an opportunity to consider the ways in which the Abortion Act is both inadequate in relation to access to abortion and perpetuates stigma towards disabled people. However, the reform required to address this must take place in Parliament and cannot be done by the courts.
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Donoghue, Stephen, and Claire-Michelle Smyth. "Abortion for Foetal Abnormalities in Ireland; The Limited Scope of the Irish Government’s Response to the A, B and C Judgment." European Journal of Health Law 20, no. 2 (2013): 117–43. http://dx.doi.org/10.1163/15718093-12341260.
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Abstract Abortion has been a controversial topic in Irish law and one which the Government has been forced to address following the decision of the European Court of Human Rights in A, B and C v. Ireland. The Working Group established to make recommendations have specifically been instructed to deal only with the issues raised in the A, B and C judgment and legislate on the basic of the ‘X case’. This restricted approach calls for legalisation of abortion only where the life of the mother is at risk, a position unique only to Ireland and Andorra within Europe. The vast majority of member states to the European Convention on Human Rights allow for legal abortion on the basis of foetal abnormality and with this emerging consensus the margin of appreciation hitherto afforded by the European Court to member states is diminishing. The advancement and availability of non-invasive genetic tests that can determine foetal abnormalities together with the ruling in R. R. v. Poland leaves Ireland in a precarious position for omitting any reference to foetal abnormalities in any proposed legislation.
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Dawson, John, and George Szmukler. "Fusion of mental health and incapacity legislation." British Journal of Psychiatry 188, no. 6 (June 2006): 504–9. http://dx.doi.org/10.1192/bjp.188.6.504.
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SummaryThe enactment of a single legislative scheme governing nonconsensual treatment of both ‘physical’ and ‘mental’ illnesses, based on incapacity principles, has been mooted in recent law reform debates in the UK. We propose a framework for such legislation and consider in more detail the provisions it should contain. The design of legislation that combines the strengths of both incapacity and civil commitment schemes can be readily imagined, based on the criteria for intervention in England and Wales found in the Mental Capacity Act 2005. Such legislation would reduce unjustified legal discrimination against mentally disordered persons and apply consistent ethical principles across medical law.
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Ivone, Vitulia. "National institute of family and life advocates (NIFLA) : V. Becerra, or the right to be informed about your own reproductive rights." Soft Power 6, no. 2 (July 1, 2019): 322–46. http://dx.doi.org/10.14718/softpower.2019.6.2.18.
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The Supreme Court has issued its decision in NIFLA v. Becerra, a 5–4 vote holding that the state of California cannot compel pregnancy-resource centers to advertise for the state’s abortion services. This decision represents a considerable victory for both the right to free speech and the conscience rights of pro-life Americans. The case concerned California’s Reproductive FACT Act, which mandated that both licensed and unlicensed women’s-health clinics (crisis-pregnancy or pregnancy-resource centers) not performing abortions had to provide a pre-written notice to clients. Though the law related specifically to abortion, free speech was the fundamental issue at stake. This paper analyzes the history of abortion in US legislation and the perspective of one of its fundamental civil rights.
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Penteado, Taís. "The abortion jurisprudence in Brazil: An analysis of ADPF 54 from feminist equality-based perspectives." International Journal of Constitutional Law 19, no. 5 (November 20, 2021): 1664–82. http://dx.doi.org/10.1093/icon/moab122.
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Abstract Building on the feminist legal theory-driven analysis of equality-based approaches to voluntary abortion, this article offers a critical reading of the Brazilian Supreme Court decision on ADPF 54, the constitutional lawsuit that challenged the constitutionality of the application of the legislation that prohibits abortion in cases of fetal anencephaly. The article first presents the arguments and then offers feminist equality-based counterpoints that bring some vulnerabilities of the decision to the forefront. The article argues that, from the perspectives adopted, the arguments presented by the justices in ADPF 54 do not disrupt the logic that underlies the abortion prohibition norm and end up legitimizing it. Second, the principles used can be viewed skeptically. By missing inequality issues that permeate reproduction, the principles obscure power relations and as such, become potential tools for furthering inequalities. We conclude the article by delineating how, despite being cited only timidly as a precedent, ADPF 54 still resonates in other minor cases put before the Brazilian Supreme Court, imbuing them with the same set of problems. Having in mind the vulnerabilities of the arguments, the article makes a tentative normative assessment on how the use of a substantive equality principle as an analytical tool and guide for interpretation could mitigate the problems and offer responses with emancipatory potential.
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Silalahi, Rumelda, and Rasmita Luciana. "PANDANGAN HUKUM KESEHATAN TERHADAP ABORTUS PROVOCATUS BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009." Jurnal Darma Agung 27, no. 3 (December 11, 2019): 1082. http://dx.doi.org/10.46930/ojsuda.v27i3.367.
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Nowadays Abortion is a problem that often arises and has increased from year to year. Abortion is considered by most people as an act of murder, because the fetus or baby in the womb of a mother has the right to a reasonable life, and in any religion it is not permissible for a pregnant woman to stop her pregnancy for any reason. The main reasons for abortion are non-medical reasons including not wanting to have children for fear of interfering with career, school or other responsibilities, not having enough money to care for children, and not wanting to bear children without fathers. Another reason often cited is still too young (especially those who are pregnant out of wedlock), and can be a disgrace to the family. Reasons like this are also given by women in Indonesia who try to convince themselves that killing the fetus in the womb is permissible and justified. These reasons are definitely show the picture of irresponsibility woman in saving her life by sacrifice the life of her own baby. This study uses a normative method, which is to conduct an analysis of the problem and research through an approach in legislation and also sourced from books, papers, laws and other references. As for the problems in this study are first, the view of the health law against Provocatus Abortion based on Law Number 36 Year 2009, secondly the factors causing the occurrence of the Provocatus Abortion crime in society and the third is the criminal liability against the Provocatus Abortion Crime. The provisions of Law No. 23 of 1992 concerning Health, emphasizing the permissibility to carry out acts of abortion in an effort to save the life of the mother and / or fetus, this type of abortion is legally justified and protected by law and with medical considerations.
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Galappathie, Nuwan, and Angela Shaw. "Reforming fitness to plead and stand trial legislation in England and Wales." BJPsych Advances 26, no. 1 (September 11, 2019): 8–15. http://dx.doi.org/10.1192/bja.2019.50.
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SUMMARYThe legal decision on whether a defendant can fairly take part in a criminal trial in England and Wales is currently based on the leading case of R v Pritchard (1836), which despite subsequent case law updates does not embrace the concept of mental capacity or effectively identify defendants who are unable to meaningfully participate. Further to an extensive consultation process, the Law Commission published recommendations for reform in 2016, with a proposed new test of capacity to participate effectively in a trial and detailed suggestions for statutory reform of court procedures for managing defendants found unable to participate. Here we review the proposals and consider practical implications and suggestions regarding their implementation.LEARNING OBJECTIVESAfter reading this article you will be able to: •appreciate the current problems with the law on fitness to plead in England and Wales•understand the proposed test of capacity to participate effectively in a trial•understand the proposed changes to the procedures available when a defendant is found unable to participate.
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Reagan, Leslie J. "Abortion in England, 1900-1967. Barbara BrookesAbortion, Doctors, and the Law: Some Aspects of the Legal Regulation of Abortion in England from 1803 to 1982. John Keown." Isis 82, no. 1 (March 1991): 167–68. http://dx.doi.org/10.1086/355711.
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Pujiyono, Pujiyono, and Rani Tiyas Budiyanti. "Selective Abortion After Preimplantation Sex Selection: An Ethical and Legal Issue in Indonesia." GHMJ (Global Health Management Journal) 2, no. 2 (June 30, 2018): 37. http://dx.doi.org/10.35898/ghmj-22196.
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Background: The emerging of sex selection technology in Indonesia is sperm sorting, meanwhile sex selection with Preimplantation Genetic Diagnosis (PGD) methods is not widely used. The use of sperm sorting has bigger chance to fail than PGD, thus potentially cause ethical and legal problems that is selective abortion during pregnancy. The potency for selective abortion is enlarged by Indonesian law that permitting sex selection without distinction of medical and non-medical reasons. There is no special policy to regulate the selective abortion because of sex selection failure. Aims: This study aims to find out the legal concept of selective abortion after preimplantation sex selection that appropriate to be applied in Indonesia.Methods: This research is normative research that use analytics method with legal approach and conceptual approach. The research material consists of primary legal material (legislation about sex selection and abortion in Indonesia), secondary legal materials (legal journals, law books, and legal proceedings), and also non-legal materials (journals, books, and health proceedings about sex selection and abortion).Results: In Indonesia meanwhile in general, abortion is permitted for pregnancy with medical indication and rape victim. Through a statue approach in Indonesia, selective abortion after preimplantation sex selection can be implemented for strong medical reasons. While the failure for non-medical reasons can’t be aborted. This regulation contrary with ethics, morals and religion. Selective abortion should not be done because of preimplantation sex selection failure either medical or non-medical reasons. Conclusion: Selective abortion after preimplantation sex selection both medical and non medical reason contrary with moral, ethical, and religion. Indonesia needs to regulate further policy about selective abortion if there is a failure of preimplantation sex selection.
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Cochrane, Leanne. "DEVOLUTION AND DISCRIMINATION BETWEEN CITIZENS UNDER ARTICLE 14 ECHR: PRESERVING LOCAL PROVISION." Cambridge Law Journal 76, no. 3 (November 2017): 472–75. http://dx.doi.org/10.1017/s0008197317000708.
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Many women from Northern Ireland (NI) travel to England each year to pay for abortion services because of the limited availability of the service in NI. In R (on the application of A and B) (Appellants) v Secretary of State for Health (Respondent) [2017] UKSC 41; [2017] 1 W.L.R. 2492, the Supreme Court was asked whether it was unlawful for the Secretary of State for Health to have failed to make provision for abortion services free of charge under the National Health Service in England to women who are UK citizens usually resident in NI. The majority answered “no” and, on delivering the judgment, Lord Wilson (for the majority) described the Court as “sharply divided” on both the public law and human rights arguments that had been before it.