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1

Atmadja, Sardjana. "“Halal” Abortion in Perspective Common Law system,Civil Law System and Ius Constituendum : Towards Legality and Safety." Avicenna Medical Journal 1, no. 2 (November 10, 2020): 17–24. http://dx.doi.org/10.15408/avicenna.v1i2.17657.

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Background: To safe services in hygienic conditions must be made widely available and affordable, so that the stigma associated with providing and obtaining abortions can lessen and safe services can become normal and accepted, abortion is broadly legal, widely available and safe in Indonesia.Objective: The purpose of this article to discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System.In Indonesia Ius Contituendum on abortion is not directed to legalization of abortion as carried out both in Netherland and USA but tends to be harmonized with therapeutic abortion concept both medical and psychiatric fields.Material and Method: Systematic review of studies evaluating the prevalence of unsafe abortion in Indonesia.Results: The public health tragedy caused by unsafe abortion is all the more so because it is largely preventable, by improving the quality and availability of post abortion care, by making abortion legal and increasing access to safe services, and—because almost every abortion is preceded by an unintended pregnancy—by expanding access to contraceptive information and services. Restrictive laws have much less impact on stopping women from ending an unwanted pregnancy than on forcing those who are determined to do so to seek out clandestine means. Ironically, the abortion laws governing of Indonesia is holdovers from the colonial era.Conclutions: “Halal” abortion is making a significant contribution toward reducing the need for abortion altogether and the likelihood of unsafe abortion by bringing down the rates of unintended pregnancy. This is also helping to reduce complications of unsafe abortion through its support for programs to increase access to and improve post abortion care. This includes not only treatment for septic or incomplete abortion, but also essential post abortion.Keywords: “Halal” abortion, the public health tragedy, unintended pregnancy Common law system,Civil law system and Ius Constituendum.
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2

López Gómez, Alejandra, and Elina Carril Berro. "Efectos del aborto clandestino en la subjetividad de las mujeres: resultados de una investigación cualitativa en Uruguay." Cuestiones de género: de la igualdad y la diferencia, no. 5 (December 15, 2010): 127. http://dx.doi.org/10.18002/cg.v0i5.3784.

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La dimensión subjetiva implicada en el proceso de aborto voluntario en contextos de ilegalidad y penalización ha sido escasamente explorada. Cuando un aborto se produce en la clandestinidad es, por definición, un aborto inseguro, independientemente de las condiciones sanitarias en el cual éste tenga lugar. El contexto de ilegalidad y penalización se transforma en un texto que determina la experiencia y sus resultados médicos, psicológicos, familiares, sociales y jurídicos. El estudio se realizó en base a un diseño cualitativo con entrevistas en profundidad a mujeres que abortaron clandestinamente en los últimos 15 años en Uruguay. Los hallazgos permitieron conocer los factores subjetivos asociados a las experiencias de aborto en un contexto, como el uruguayo, donde la práctica es tipificada como delito por la ley vigente en el país.<br /><br />The subjective dimension involved in the process of voluntary abortion in contexts of illegality and criminalization hasn't been studied in depth. A clandestine abortion is, by definition, an unsafe abortion, regardless of the sanitary conditions under which it takes place. The context of illegality and criminalization turns into a text that determines the experience and the medical, psychological, family, social and legal outcome. The study was carried out on the basis of a qualitative design with in-depth interviews to women who underwent clandestine abortions in the past 15 years in Uruguay. The findings allowed for the discovery of the subjective factors associated to abortion experiences in a context, such as the Uruguayan, where the practice is defined as a crime by the law in force.<br /><br />
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3

Anderson, Barbara. "Abortion law." New Scientist 216, no. 2894 (December 2012): 33. http://dx.doi.org/10.1016/s0262-4079(12)63134-0.

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4

Whelan, Roxana. "Abortion law." Journal of Family Planning and Reproductive Health Care 33, no. 1 (January 1, 2007): 65. http://dx.doi.org/10.1783/147118907779399710.

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5

Medoff, Marshall H. "Unintended Pregnancies, Restrictive Abortion Laws, and Abortion Demand." ISRN Economics 2012 (December 16, 2012): 1–8. http://dx.doi.org/10.5402/2012/612081.

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This study examines the effect restrictive state abortion laws have on the pregnancy resolution decisions of women with unintended pregnancies. The empirical results find that the abortion ratio and the abortion rate of unintended pregnancies are more sensitive to increases in the abortion price than previous estimates that analyzed total pregnancies (unintended and intended). A Medicaid funding restriction has very little effect on a state's abortion rate of unintended pregnancies, but causes a larger decrease in the number of abortions of unintended pregnancies than previous estimates. A parental involvement law is associated with a significant reduction in a state's abortion ratio and the abortion rate of unintended pregnancies, which suggests that the law may have a behavioral modification effect. Neither a mandatory counseling law nor a two-visit law has a significant effect on a state's abortion ratio and the abortion rate of unintended pregnancies.
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6

Sherwani, Azim A. Khan, and M. Minhajul Haq. "Illegal Abortions and Women's Reproductive Health." Medical Law International 3, no. 2-3 (March 1998): 223–33. http://dx.doi.org/10.1177/096853329800300309.

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Deliberate termination of pregnancy is called induced abortion. It may be legal or illegal (if it violates any provision of “termination law”). Illegal and unsafe abortion is a hazard for women's reproductive health. In India, a tenth of maternal deaths are due to septic abortions. We do have termination law, which only barks but does not bite. There is a need to support the campaign for legal and safe abortion to protect the hundreds of thousands of women who are silenced by their early deaths due to unsafe illegal abortions.
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7

Alexander, Lily T., Evelyn Fuentes-Rivera, Biani Saavedra-Avendaño, Raffaela Schiavon, Noe Maldonado Rueda, Bernardo Hernández, Alison L. Drake, and Blair G. Darney. "Utilisation of second-trimester spontaneous and induced abortion services in public hospitals in Mexico, 2007–2015." BMJ Sexual & Reproductive Health 45, no. 4 (August 14, 2019): 283–89. http://dx.doi.org/10.1136/bmjsrh-2018-200300.

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BackgroundData on utilisation of in-facility second-trimester abortion services are sparse. We describe temporal and geographical trends in utilisation of in-facility second-trimester abortion services across Mexico.MethodsWe used 2007–2015 data from Mexico’s Automated Hospital Discharge System (SAEH) to identify second-trimester abortive events (ICD O02-O08) in public hospitals across Mexico’s 32 states. We described utilisation, calculated rates using population data, and used logistic regression to identify woman- and state-level factors (municipality-level marginalisation, state-level abortion law) associated with utilisation of second-trimester versus first-trimester services.ResultsWe identified 145 956 second-trimester abortions, or 13.4% of total documented hospitalizations for abortion between 2007 to 2015. The annual utilisation rate of second-trimester abortion remained constant, between 0.5 to 0.6 per 1000 women aged 15–44 years. Women living in highly marginalised municipalities had 1.43 higher odds of utilising abortions services in their second versus their first trimester, when compared with women in municipalities with low marginalisation (95% CI 1.18 to 1.73). Living in a state with a health or fetal anomaly exception to abortion restrictions was not associated with higher utilisation of second-trimester abortion services.ConclusionsOur results suggest there is a need for all types of second-trimester abortion services in Mexico. To improve health outcomes for Mexican women, especially the most vulnerable, access to safe second-trimester abortion services must be ensured through the implementation of current legal exceptions and renewed attention to the training of healthcare providers.
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8

Huntington, Clare. "Abortion Talk." Michigan Law Review, no. 117.6 (2019): 1043. http://dx.doi.org/10.36644/mlr.117.6.abortion.

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9

Neal, Mary. "Devolving Abortion Law." Edinburgh Law Review 20, no. 3 (September 2016): 399–404. http://dx.doi.org/10.3366/elr.2016.0375.

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10

Field, Martha A. "Abortion law today." Journal of Legal Medicine 14, no. 1 (March 1993): 3–24. http://dx.doi.org/10.1080/01947649309510901.

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11

Fanggi, Rosalind Angel. "Kebijakan Kriminalisasi Pengguguran Kandungan dalam Kajian Perbandingan Hukum Berbagai Negara serta Dampaknya bagi Kesehatan Ibu dan Anak (KIA)." Timorese Journal of Public Health 2, no. 1 (September 21, 2020): 14–28. http://dx.doi.org/10.35508/tjph.v2i1.2190.

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Indonesia is a country where religion occupies a central position and the elements must exist in the national and character building. Although has been setting in Criminal Code, but still found many cases of abortions. This paper is about to dig up how the rule of law of abortions. That there is something more profound that abortion is not only about removal of the fetus but also moral and psychological impact for youth of Indonesia. This artice aims to answer the questions: how the criminalization policy of abortion in the positive law at the future? In preparing this thesis, using a normative juridical approach, the author examines library materials is a secondary data and using the comparative law method also of the several foreign countries. The conclusion of this study is the criminalization of abortion policy set out in the positive law is not enough to guarantee protection for public health. Criminalization policy of abortion in the positive law at the future can be done by considering the arrangement of the Criminal Code abortion in some foreign as an ingredient to make legal reforms and especially considering the meaning of the precepts contained in the second sila in Pancasila. Advice can be delivered are abortions is not the best choice, but in conditions harmful should settings that give protection and health coverage of pregnant women; should have arrangements to sell the drug/vehicle used to perform abortions; about the naming of the chapter should considered using the chapter on offenses against the moral; rules should be formulated to provide legal certainty for doctors and patients: the criminalization policy of abortion settings should be based on Pancasila and national development goals.
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12

Polis, Chelsea B., Philicia W. Castillo, Easmon Otupiri, Sarah C. Keogh, Rubina Hussain, Emmanuel K. Nakua, Roderick Larsen-Reindorf, and Suzanne O. Bell. "Estimating the incidence of abortion: using the Abortion Incidence Complications Methodology in Ghana, 2017." BMJ Global Health 5, no. 4 (April 2020): e002130. http://dx.doi.org/10.1136/bmjgh-2019-002130.

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IntroductionInduced abortion is legally permitted in Ghana under specific conditions, but access to services that meet guidelines approved by government is limited. As part of a larger project comparing five methodologies to estimate abortion incidence, we implemented an indirect estimation approach: the Abortion Incidence Complications Methodology (AICM), to understand the incidence of abortion in Ghana in 2017.MethodsWe drew a nationally representative, two-stage, stratified sample of health facilities. We used information from 539 responding facilities to estimate treated complications stemming from illegal induced abortions, and to estimate the number of legal abortions provided. We used information from 146 knowledgeable informants to generate zonal multipliers representing the inverse of the proportion of illegal induced abortions treated for complications in facilities in Ghana’s three ecological zones. We applied multipliers to estimates of treated complications from illegal abortions, and added legal abortions to obtain an annual estimate of all induced abortions.ResultsThe AICM approach suggests that approximately 200 000 abortions occurred in Ghana in 2017, corresponding to a national abortion rate of 26.8 (95% CI 21.7 to 31.9) per 1000 women 15–49. Abortion rates were lowest in the Northern zone (18.6) and highest in the Middle zone (30.4). Of all abortions, 71% were illegal.ConclusionDespite Ghana’s relatively liberal abortion law and efforts to expand access to safe abortion services, illegal induced abortion appears common. A concurrently published paper compares the AICM-derived estimates presented in this paper to those from other methodological approaches.
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Baig, Marina, Sadia Abbas Ali, Kiran Mubeen, and Arusa Lakhani. "Induced abortions in Pakistan: an afflicting challenge needing addressal." British Journal of Midwifery 29, no. 2 (February 2, 2021): 94–98. http://dx.doi.org/10.12968/bjom.2021.29.2.94.

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Unintended pregnancies due to low prevalence of contraceptive use in Pakistan leads to a huge burden of induced abortions. These abortions are a major cause of concern, as a majority of these abortions are performed in an unhygienic environment by untrained providers, leading to maternal morbidities and mortalities. Some of the contributing factors of unsafe abortions are lack of availability of quality services, financial barriers, stigma associated with abortion and lack of awareness about abortion law. Therefore, there is an urgent need to invest on family planning and post-abortion care services through health system strengthening approach. The proposed comprehensive strategy for actions at the individual, facility, community and policy levels can address the issue of unsafe abortion in the country.
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14

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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15

Alhassan, Alhassan Yakubu, Abdulai Abdul-Rahim, and Paul Boniface Akaabre. "Knowledge, Awareness And Perceptions Of Females On Clandestine Abortion In Kintampo North Municipality, Ghana." European Scientific Journal, ESJ 12, no. 12 (April 28, 2016): 95. http://dx.doi.org/10.19044/esj.2016.v12n12p95.

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Clandestine Abortion will continue to be an integral part of human society as long as people continue to accept and engage in sexual activities without being prepared to give birth. Despite the risks (death and other health complication) involved in clandestine abortion, people continue to engage in the act. The central inquiry is; why do people continue to do clandestine abortions despite its associated risk? Do people have knowledge on abortion concerning its legalities and associated risks? This paper thus seeks to clarify the above questions by examining the knowledge, awareness and perceptions of females on abortion, with focus on clandestine abortion in the Kintampo North Municipality of Ghana. The paper reveals that, though most females have little knowledge on the 1985 abortion law, they are aware of the risks associated with criminal abortion. Despite being aware of the risks, circumstances such as unwanted pregnancies, poverty, desire to pursue education and career goals, and job related issues compel most to abort pregnancies through dangerous means. The paper therefore calls for public education on abortion laws in Ghana to be intensified and possibly, consider shifting the existing paradigms of the abortion law in order to curb clandestine abortions and its associated fatalities.
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Flynn, Cameron O'Brien, and Robin Fretwell Wilson. "When States Regulate Emergency Contraceptives like Abortion, What Should Guide Disclosure?" Journal of Law, Medicine & Ethics 43, no. 1 (2015): 72–86. http://dx.doi.org/10.1111/jlme.12197.

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State law efforts to regulate abortions have accelerated. Between 2011 and 2013, state legislatures enacted 205 abortion laws — 16 more than in the entire decade before. Most laws take direct aim at surgical abortions, although some also target chemical abortions that use drugs like RU-486, a common chemical abortifacient sold under the trade name Mifeprex.A crop of new state laws focus on the subject of this Symposium, that is, what information abortion providers must give women about the procedures or drugs they seek. In the most controversial iteration of these “informed consent” statutes, abortion providers must “perform an ultrasound on each wom[a]n seeking an abortion and…show and describe the image” (the “speech and display provisions”). Some state laws regulating chemical abortions also force particular disclosures to women when receiving such drugs.
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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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18

Reiger, Sarah T., Phyllis Dako-Gyeke, Thoai D. Ngo, Gillian Eva, Leonard Gobah, Kelly Blanchard, and Kate Grindlay. "Abortion knowledge and experiences among young women and men in Accra, Ghana." Gates Open Research 3 (May 30, 2019): 1478. http://dx.doi.org/10.12688/gatesopenres.12961.1.

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Background: Despite the presence of legal abortion services in Ghana, unsafe abortion remains common, particularly among young women. Little is understood about what young people know about safe and legal abortion, and if and how they are utilizing it. Methods: To characterize abortion use and address gaps in safe access, from September-December 2013, we conducted a cross-sectional survey with 100 men and 250 women aged 18-24 in Accra, Ghana. Participants were asked about abortion experiences, including prior services, providers, methods, satisfaction, perceived support, and knowledge of laws. Descriptive statistics, Fisher’s exact tests, and chi-square tests were performed. Results: Among surveyed youth, most (87% of women, 64% of men) thought abortion was illegal or did not know the law. In total, 30% of women and 14% of men ever had an abortion and partner who had an abortion, respectively. Among women’s most recent abortions, medication abortion (61%), surgical methods (26%), and unsafe methods categorized “least safe” (14%) were the initial or only methods used. Most women who accessed medication abortion initially or as their only method saw a pharmacist (40%) or no one (33%). Nearly one-quarter of women (n=16, 24%) who initially took tablets used more than one method. Conclusions: Despite experiences with abortion, most young people in this study were unaware of its legality and unsafe abortions occurred. More needs to be done to ensure young people understand the law and have access to safe methods, and that pharmacists are trained to provide appropriate doses and formulations of medication abortion.
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Reiger, Sarah T., Phyllis Dako-Gyeke, Thoai D. Ngo, Gillian Eva, Leonard Gobah, Kelly Blanchard, Sruthi Chandrasekaran, and Kate Grindlay. "Abortion knowledge and experiences among young women and men in Accra, Ghana." Gates Open Research 3 (September 7, 2020): 1478. http://dx.doi.org/10.12688/gatesopenres.12961.2.

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Background: Despite the presence of legal abortion services in Ghana, unsafe abortion remains common, particularly among young women. Little is understood about what young people know about safe and legal abortion, and if and how they are utilizing it. Methods: To characterize abortion use and address gaps in safe access, from September-December 2013, we conducted a cross-sectional survey with 100 men and 250 women aged 18-24 in Accra, Ghana. Participants were asked about abortion experiences, including prior services, providers, methods, satisfaction, perceived support, and knowledge of laws. Descriptive statistics, Fisher’s exact tests, and chi-square tests were performed. Results: Among surveyed youth, most (87% of women, 64% of men) thought abortion was illegal or did not know the law. In total, 30% of women and 14% of men ever had an abortion and partner who had an abortion, respectively. Among women’s most recent abortions, medication abortion (61%), surgical methods (26%), and unsafe methods categorized “least safe” (14%) were the initial or only methods used. Most women who accessed medication abortion initially or as their only method saw a pharmacist (40%) or no one (33%). Nearly one-quarter of women (n=16, 24%) who initially took tablets used more than one method. Conclusions: Despite experiences with abortion, most young people in this study were unaware of its legality and unsafe abortions occurred. More needs to be done to ensure young people understand the law and have access to safe methods, and that pharmacists are trained to provide appropriate doses and formulations of medication abortion.
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Morris, Kelly. "Polish abortion law reversed." Lancet 351, no. 9095 (January 1998): 46. http://dx.doi.org/10.1016/s0140-6736(05)78067-3.

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21

Wisser, Josef. "Abortion law in Bavaria." Lancet 348, no. 9032 (October 1996): 962–63. http://dx.doi.org/10.1016/s0140-6736(05)65377-9.

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22

Cooper, R. J. "Abortion—The New Law." Journal of Criminal Law 56, no. 3 (August 1992): 297–301. http://dx.doi.org/10.1177/002201839205600309.

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23

Degnan, Michael, and Russ Pannier. "Logic, Law and Abortion." Linacre Quarterly 59, no. 1 (February 1992): 53–58. http://dx.doi.org/10.1080/00243639.1992.11878143.

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24

Ragué, P. Barri. "Abortion law in Spain." Human Reproduction 1, no. 3 (April 1986): 200. http://dx.doi.org/10.1093/oxfordjournals.humrep.a136380.

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Douglas, Heather, and Caroline De Costa. "Abortion Law Reform Needed." Alternative Law Journal 40, no. 4 (December 2015): 280–81. http://dx.doi.org/10.1177/1037969x1504000414.

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Aiken, Abigail R. A., Dana M. Johnson, Kathleen Broussard, and Elisa Padron. "Experiences of women in Ireland who accessed abortion by travelling abroad or by using abortion medication at home: a qualitative study." BMJ Sexual & Reproductive Health 44, no. 3 (May 15, 2018): 181–86. http://dx.doi.org/10.1136/bmjsrh-2018-200113.

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BackgroundThe Republic of Ireland has one of the world’s most restrictive abortion laws, allowing abortion only to preserve a pregnant woman’s life. We examined the impact of the law on women’s options for accessing abortion, their decision-making regarding whichpathway to follow, and their experiences with their chosen approach.MethodsWe conducted semi-structured in-depth interviews with 38 women who had either travelled abroad to access abortion in a clinic or had self-managed a medical abortion at home using online telemedicine, between 2010 and 2017. We coded interview transcripts according to an iteratively developed coding guide and performed a thematic analysis to identify key themes.ResultsWe identified four key themes: (1) self-managing a medical abortion at home using online telemedicine can be a preference over travelling abroad to access abortion services; (2) regardless of the pathway chosen, women experience a lack of pre- and post-abortion support in the Irish healthcare system; (3) feelings of desperation while searching for safe abortion care can lead to considering or attempting dangerous methods; and (4) Irish abortion law and attitudes have impacts beyond physical health considerations, engendering shame and stigma.ConclusionsDespite the country’s restrictive abortion law, women in Ireland do obtain abortions, using methods that are legal and safe elsewhere. However, the law negatively impacts women’s ability to discuss their options with their healthcare professionals and to seek follow-up care, and can have serious implications for their physical and emotional health. This study’s findings provide evidence to inform public and policy discourse on Ireland’s abortion laws.
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Anggara, Bayu, and Made Gde Subha Karma Resen. "Harmonization of Abortion Settings in Indonesia." Musamus Law Review 2, no. 1 (October 31, 2019): 26–35. http://dx.doi.org/10.35724/mularev.v2i1.2260.

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This study is entitled Harmonization of Abortion Law in Indonesia. Abortion today is not something that is taboo to discuss and talk about, because abortion has occurred everywhere. Abortion is a health issue that is gaining attention nowadays in Indonesia. The regulation of abortion in Indonesia is regulated by 2 (two) Laws namely the Criminal Code and the Health Law, which is where there is a conflict of norms that the Criminal Code prohibits loopholes for abortion by anyone and under any conditions. While the Health Act provides space for abortions for women with pregnancies that endanger their lives and women with pregnancies due to rape. The problem of this writing is related to the harmonization of abortion arrangements in Indonesia and abortion arrangements in the future. This research was conducted by normative legal methods. Harmonization of abortion arrangements in Indonesia is resolved with legal theory, namely the Lex Specialis Derogat Legi Generalis legal theory, meaning that if there is an abortion case in Indonesia then the source of reference or legal basis is the Health Act because it is more specific than the Criminal Code. Abortion arrangements in Indonesia in the future in the form of a Penal Code also touches on the aspect of abortion which is regulated in Article 589 to Article 592 and remains on the concept to prohibit abortion by anyone and under any conditions.
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SIREGAR, ROSPITA ADELINA. "UNSAFE ABORTION BUSINESS, UNTIL WHEN?" UNTAG Law Review 4, no. 1 (May 20, 2020): 90. http://dx.doi.org/10.36356/ulrev.v4i1.1529.

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<p>Pregnancy occurs and unwanted frequently bring a big issue for women, pregnancy backgrounds were varies, there is for having sex outside marriage, incest, or pregnancy due to the factor of sex crimes such as rape and others. For a pregnant woman in a<br />state of not having a partner is certainly not easy to survive, therefore often thought to abort appears and choose the easiest way, which is not to the doctor because it will find a variety of procedures. Then choose to go to a clinic that serves the practice of illegal abortions, such as a police case reports in February 2020 that uncovered the practice of illegal abortions in a clinic in the area of Central Jakarta. In terms of the application of positive law in Indonesia, the problem was raised again, namely how the supervision and application of criminal law against illegal abortion business? When people are free to choose, the consequences will increase the maternal mortality rate itself. Should the birth of regulations governing therapeutic abortion, safe abortion will be the answer to the fate of women in the future.</p>
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Barilan, Y. Michael. "Her Pain Prevails and her Judgment Respected—Abortion in Judaism." Journal of Law and Religion 25, no. 1 (2009): 97–186. http://dx.doi.org/10.1017/s0748081400001387.

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In 1977, the Israeli parliament (Knesset) changed the section on abortion in the colonial criminal code which Israel inherited from the British mandate in Palestine. Like most other Western countries who relaxed their laws on abortion in the 1960s-80s, Israel made abortion legal for almost all women who seek it. Nonetheless, the Israeli law on abortion differs substantially from other nations' laws. In no stage of pregnancy does the woman have an absolute right to abort—she always needs an approval from a special committee; yet, the woman's stage of pregnancy is nowhere a relevant legal criterion for permitting or forbidding abortion. The law does not explicitly grant the fetus any value either, as the law speaks only of “termination of pregnancy.” Indeed, Israel has one of the highest rates of late abortions among the developed countries and one of the most liberal laws on the regulation of infertility treatments and research on extra-corporeal embryos.Jewish religious law (Halakhah) ignores both questions central to the modern ethical, political and legal debate on abortion: the status of the fetus and the autonomy of women. Furthermore,Halakhahis not expressed in the language of rights, such as the rights to life and privacy, but rather in the language of obligations and limitations on action. A rich symbolic world of values and virtues complementshalakhicpositivist formalism by inspiring and demonstrating desirable ways of life and modes of valuing human action. Regarding abortion, the dialectics between Jewish law (the formal law, which delineates right from wrong) and morality (which inspires and portrays ideal modes of action as part of a largely oral tradition of private counseling and synagogue preaching) reach a powerful climax. The religious law prohibiting abortion is one of the most liberal among human legal systems, but the values of procreation and preservation of human life that inform the moral discussion are fundamental.
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Okonofua, F. E., U. Onwudiegwu, and O. A. Odunsi. "Illegal Induced Abortion: A Study of 74 Cases in Ile-Ife, Nigeria." Tropical Doctor 22, no. 2 (April 1992): 75–78. http://dx.doi.org/10.1177/004947559202200209.

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Seventy-four women with complications of induced abortion were studied prospectively at the Obafemi Awolowo University, Nigeria. Twenty of the women were interviewed privately to elicit confidential information and also to determine their attitudes to contraception and to the Nigerian national abortion law. The results showed that abortion is prevalent in all classes of women and in married as well as unmarried women. There were 13 maternal deaths, accounting for 35% of the maternal mortality in the hospital during the period. Sepsis was the most common cause of death, and most of the abortions complicated by sepsis had been performed by medical practitioners. Interviews with the women revealed that most of them had knowledge of contraception but were unwilling to use it because of wrong information. Most women did not know that abortion is illegal in Nigeria, but felt that it should be. Measures that could be of value in reducing abortion-associated maternal mortality in Nigeria include training and retraining of physicians in the management of abortion and of abortion complications, family planning education of all fertile women, provision of confidential family planning services and liberalization of the abortion law.
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31

Reagan, Leslie J. "Rashes, Rights, and Wrongs in the Hospital and in the Courtroom: German Measles, Abortion, and Malpractice beforeRoeandDoe." Law and History Review 27, no. 2 (2009): 241–80. http://dx.doi.org/10.1017/s0738248000002017.

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When women contracted German measles in early pregnancy, they were “entitled” to therapeutic abortion, according to one 1959 magazine.Williams Obstetrics, the standard medical textbook, advised doctors that therapeutic abortion was “justifiable” in such cases if the pregnant woman and her husband decided upon it. German measles (also known as rubella) was first recognized as a teratogen by an Australian ophthalmologist in 1941. Exposure to the disease in early pregnancy could damage the developing fetus, causing deafness, blindness, heart defects, and mental retardation in newborns as well as miscarriages, stillbirths, and infant deaths. Aware of the disease's effects, thousands of pregnant women who contracted German measles avidly sought abortions. Yet, as many learned in the 1950s and 1960s, the decision to carry a possibly affected pregnancy or have a therapeutic abortion was not clearly in their hands at all. Physicians refused to perform therapeutic abortions, their legality was uncertain, and hospital policies were designed to limit their numbers. An unknown number of women who knew they had contracted the disease and understood the implications were denied therapeutic abortions, and later gave birth to severely harmed children. Some of them sued their doctors for malpractice. Barbara Stewart and Sandra Gleitman, with their husbands, brought two early cases,Gleitman v. Cosgrove(1967) andStewart v. Long Island College Hospital(1970 and 1972).
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32

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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33

Simangunsong, Frans. "CRIME OF ABORTION STUDY IN INDONESIA." UNTAG Law Review 1, no. 2 (November 30, 2017): 10. http://dx.doi.org/10.36356/ulrev.v1i2.592.

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<p>Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves perpetrators and the community at large. In terms of positive law in Indonesia, there is still debate and opposition from the pros and cons about the perception or understanding of the laws that exist to this day. Neither of Health Law, the Law on medical practice, The Criminal Code (Penal Code), Law on the elimination of domestic violence (domestic violence), and the Law on Human Rights (HAM). Normative legal research(normative law research) using the product in the form of case studies of normative legal behavior. Factors that led to the crime of abortion is rampant in Indonesia, partly because the sex education curriculum(sex education)in schools has been less effective in tackling promiscuity among teenagers. Therefore, the role of parents is very important in instilling moral values, ethics, law and religion. Sexual promiscuity among teenagers Indonesia today is alarming. Efforts to tackle the crime of abortion in the study of law in Indonesia. As for things - things that must be done by governments, institutions, communities and families in tackling illegal abortions are: Government: Providing spectacle qualified educate and prohibit the spectacle that does not make sense and did not educate as patron wearing tight uniform, Soon follow-up of cases - cases of illegal abortion and impose penalties sufficient to deter; Society: Society as a social institution should be more sensitive control and participate on everything that exists within its territory, reinforcing the social control in society</p>
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34

Hajdu, Gábor, and Tamás Hajdu. "The long-term impact of restricted access to abortion on children’s socioeconomic outcomes." PLOS ONE 16, no. 3 (March 15, 2021): e0248638. http://dx.doi.org/10.1371/journal.pone.0248638.

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We examine the long-term consequences of restricted access to abortion following a change in the Hungarian abortion law in 1974. Due to a change that restricted access to legal abortions, the number of induced abortions decreased from 169,650 to 102,022 between 1973 and 1974, whereas the number of live births increased from 156,224 to 186,288. We analyze the effects on the adult outcomes of the affected cohort of newborns (educational attainment, labor market participation, teen fertility). We use matched large-scale, individual-level administrative datasets of the Hungarian Central Statistical Office (population census 2011; live birth register), and we estimate the effects by comparing children born within a short timespan around the time the law change came into effect. We apply a difference-in-differences approach, building on the special rules of the new law that, despite the severe restriction, still made abortion permissible for selected groups of women. We control for the compositional change in the population of parents, rule out the effect of (unobserved) time trends and other potential behavioral responses to the law change, and draw causal inferences. We find that restricted access to abortion had, on average, a negative impact on the socioeconomic outcomes of the affected cohort of children. Children born after the law change have had worse educational outcomes, a greater likelihood of being unemployed at age 37, and a higher probability of being a teen parent.
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Ramiyanto, Ramiyanto. "FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 20, no. 2 (December 31, 2020): 219–32. http://dx.doi.org/10.19109/nurani.v20i2.6484.

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Abstract: This paper aims to describe the rules regarding abortion of victims of rape in the positive law and law that may apply within the future. Based on the results of the discussion, it can be concluded that abortion of victims of rape in the positive law isn’t prohibited and the offenders are not sentenced as stated in Law no. 36 of 2009 and the Law of Child Protection. This also applies to a woman who has an abortion for her pregnancy as a result of rape. In the future law, abortion of victims of rape is also not prohibited, but can only be performed by a doctor. The Draft Criminal Code doesn’t stipulate that abortion can also be performed by rape victims themselves. Even so, the rules contained in the Draft Criminal Code still cannot be applied to rape victims who have had an abortion for their pregnancy because positive laws (especially Law No. 36 of 2009 and the Law of Child Protection) have not been revoked by the Draft Criminal Code. In this context, the principle of “lex specialist derogat lex generalist” applies, namely Law no. 36 of 2009 and the Law of Child Protection as laws that are specific override general laws. For the sake of legal certainty, the Draft Criminal Code should confirm prohibited and non-prohibited abortion. The future law needs to be synchronized or harmonized with the positive law. If it’s not prohibited, the granting of permission to abortion for victims of rape should be given strictly so, it’s not abused. Keywords: Formulation, Abortion, Victim of Rape, Positive Law, Future Law
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36

Ely, Gretchen E., and Nadine S. Murshid. "The Relationship Between Partner Violence and Number of Abortions in a National Sample of Abortion Patients." Violence and Victims 33, no. 4 (August 2018): 585–603. http://dx.doi.org/10.1891/0886-6708.vv-d-16-00215.

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The purpose of the study was to examine the association between women’s experience of two types (sexual and physical) of intimate partner violence (IPV) and number of previous abortions among a national sample of 4,586 abortion patients between the ages of 13 and above 38 years in the United States. Using data from the nationally representative Abortion Patients Survey 2008, χ2 tests were conducted to examine the bivariate associations between all independent and dependent variables. Prevalence ratios were calculated to determine the association between IPV, physical and sexual, and number of abortions, controlling for whether the coconceiving partner knew about the pregnancy and the abortion, and demographic factors including age, education, income, poverty rate, race, and type of union. Results indicate that approximately 51% of the sample of women seeking abortion services had never gotten an abortion before. Reports of IPV were low among this sample—5.6% reported physical violence and 2.4% reported sexual violence, while 82.3% of the coconceiving partners knew about the abortion, and 87.1% knew about the pregnancy. Prevalence ratios revealed that physical violence was positively associated with number of abortions (PR = 1.31, p < .001), but sexual violence was negatively associated with number of abortions (PR = 0.74, p < .05) when all control variables were accounted for. Findings suggesting that physical and sexual violence are differentially associated with a history of multiple abortions were unexpected and suggest the need for additional research in this area. Implications for practice, policy, and directions for future research are discussed.
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37

Olaide, Gbadamosi, Gbadamosi Olaide, and Titilayo O. Aderibigbe. "Justification of Women’s Right of Access to Safe and Legal Abortion in Nigeria." African Journal of Legal Studies 7, no. 2 (July 30, 2014): 177–202. http://dx.doi.org/10.1163/17087384-12342025.

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Abortion remains one of the most controversial, emotional and burning political issues of our time. Unsafe abortion is a serious public health problem and human rights issue. The pervasive criminalization of abortion in Nigeria is a serious obstacle to improving access to safe and legal abortion. Women’s lack of access to safe legal abortion is a major cause of high rates of maternal mortality. The Nigerian government’s failure to fulfill its human rights obligations under national, regional and international law is largely responsible for this situation. Overcoming these considerable barriers requires governments to sustain a firm commitment to women’s human rights and to ensure access to safe and legal abortion services. Women’s restrictive legal access to safe abortion services violates their human rights and is perhaps one of the pervasive manifestations of unjustified discrimination against women. This article attempts a justification of women’s right of access to safe and legal abortions within national, regional and international laws to which Nigeria is a signatory. Criminalization of abortion leads women to obtain unsafe abortions which threaten their lives and health. The denial of free access to abortion service is a denial of their fundamental human right. Using an analysis of legislations and case laws, we posit that advancing access to safe abortion by the Nigerian government is a necessary requirement to save women’s lives, protect their rights to health, equality and human dignity as specified under the Constitution.
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38

Winoto, Elfan. "Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt." Hang Tuah Law Journal 4, no. 1 (August 21, 2020): 63. http://dx.doi.org/10.30649/htlj.v4i1.140.

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<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>
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39

Stetson, Dorothy M. "Abortion Law Reform in France." Journal of Comparative Family Studies 17, no. 3 (October 1, 1986): 277–90. http://dx.doi.org/10.3138/jcfs.17.3.277.

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40

Dickens, Bernard. "Abortion, Amniocentesis and the Law." American Journal of Comparative Law 34, no. 2 (1986): 249. http://dx.doi.org/10.2307/840146.

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41

Knoppers, Bartha Maria, Isabel Brault, and Elizabeth Sloss. "Abortion Law in Francophone Countries." American Journal of Comparative Law 38, no. 4 (1990): 889. http://dx.doi.org/10.2307/840616.

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42

Birchard, Karen. "Northern Ireland's abortion law tackled." Lancet 350, no. 9088 (November 1997): 1377. http://dx.doi.org/10.1016/s0140-6736(05)65162-8.

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43

Diggory, Peter. "REFORM OF LAW ON ABORTION." Lancet 333, no. 8636 (March 1989): 499. http://dx.doi.org/10.1016/s0140-6736(89)91399-8.

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44

Karcher, H. L. "New German abortion law agreed." BMJ 311, no. 6998 (July 15, 1995): 149. http://dx.doi.org/10.1136/bmj.311.6998.149.

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45

Dorozynski, A. "Paris court attacks abortion law." BMJ 311, no. 6998 (July 15, 1995): 149–50. http://dx.doi.org/10.1136/bmj.311.6998.149a.

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46

Boland, Reed. "Recent Developments in Abortion Law." Law, Medicine and Health Care 19, no. 3-4 (September 1991): 267–77. http://dx.doi.org/10.1111/j.1748-720x.1991.tb01826.x.

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47

Lizzi, Luciano. "Abortion, medicine, and the law." Journal of Legal Medicine 8, no. 1 (March 1987): 177–83. http://dx.doi.org/10.1080/01947648709513495.

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48

Thomson, Michael. "Abortion Law and Professional Boundaries." Social & Legal Studies 22, no. 2 (February 25, 2013): 191–210. http://dx.doi.org/10.1177/0964663912474740.

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49

Weinberg, Joanna K., Robert D. Goldstein, and Marian Faux. "Abortion, Technology and the Law." Women's Review of Books 6, no. 3 (December 1988): 9. http://dx.doi.org/10.2307/4020327.

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50

Gostin, Lawrence O. "Abortion, Medicine, and the Law." JAMA: The Journal of the American Medical Association 270, no. 3 (July 21, 1993): 385. http://dx.doi.org/10.1001/jama.1993.03510030109050.

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