This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G
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This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Contesting Citizenship An intersectional feminist approach to abortion in international human rights law, with a focus on El Salvador and Ireland Rebecca Smyth The University of Edinburgh PhD in Law 2021 Declaration I declare that this thesis was composed by myself, that the work contained herein is my own except where explicitly stated otherwise in the text, and that this work has not been submitted for any other degree or professional qualification. Rebecca Smyth, 6 February 2021 i Acknowledgements Writing this thesis took a physical, mental, and emotional toll that I could not have predicted. While a solitary endeavour, writing a PhD thesis is not an individual one. I am eternally grateful to the following people. To my supervisors, Dr Kasey McCall-Smith and Dr Elisenda Casanas Adam. Not only did you provide me with the best possible academic and emotional support possible, you represent the type of person and academic I aspire to be. You are intelligent, insightful, warm, humble, and funny. Academia and the world need more people like you, and I am so fortunate and grateful that you chose to be my supervisors. Thank you. To my parents Ber and Brendan, my brother Tim, and all my extended family (especially my honorary big sister Órla and her family) – thank you for the love and support that you show me in so many ways, big and small. Particular thanks to Mam and Dad for providing a safe haven back home while I recouped and reoriented in the middle of the PhD wilderness of May 2019 to August 2020. To Dottsie – I really, really could not have done this without you. I can’t believe my luck that we’ve found each other. May this PhD and your own current academic travails bring us both the professional fulfilment we deserve as we build our life together. To the many other teachers – in the broadest sense of the word – who have nurtured my curiosity and ability, and have also minded and mentored me, since I was but a wee one in junior infants. Special thanks to Philip Edmondson, Kathleen Kelleher, and Tuulia Nicholls; Múinteoir Gobnait, who is sadly no longer with us; the teachers at Bennettsbridge National School; my teachers in Presentation Secondary School, especially Ms Colbert, Ms Donohue, Ms Dowling, an tUasal Ó Caoimh, Ms Ryan, and Ms Sparling; the tutors, lecturers and course secretaries I met while doing European Studies at Trinity, especially Dr Edward Arnold, Dr David Ditchburn, and Dr Ciara O’Hagan for encouraging me to pursue doctoral studies; Dr Catherine Lawless and her Centre for Gender and Women’s Studies colleagues for contributing to my growth as a feminist and academic; and a multitude of staff and students who I met while at the University of Edinburgh. Staff includes but is not limited to ii Dr Laura Autton-Wise, Dr Andy Aydın-Aitchison, Professor Christine Bell, Dr Andrea Birdsall, Ms Karin Bolton, Professor Liz Campbell, Dr Alan Convery, Professor Sharon Cowan, Dr Claire Duncanson, Mr Alex Dysart, Dr Tanya Ekanayaka, Dr Akwugo Emejulu, Dr Agomoni Ganguli Mitra, Dr Radhika Govinda, Ms Isobel Hart, Dr Dimitrios Kagiaros, Dr Chisomo Kalinga, Dr Meryl Kenny, Dr Chloë Kennedy, Dr Cora Lacatus, Dr Éadaoín Lynch, Professor Nicola McEwen, Dr Kathryn Nash, Ms Kasia Pietrzak, Dr Elena Pollot, Dr Lea Raible, Dr Patrick Theiner, Dr Lena Wånggren and the members of her feminist anti-work club, and Dr Asanga Welikala. Students include my tutorial groups on the 2017/8 and 2018/9 courses Human Rights in International Relations, Understanding Gender in the Contemporary World, British Politics, Comparative Politics, and International Law, as well as students on the Centre for Open Learning evening course in International Human Rights Law. Of these many wonderful, brilliant, and lovely students who make me so excited for the future of academia and the world, special thanks are due to Helena Brecht, Martina Trusnaugh, and Ella Wilson. To my friends. This is definitely where I’m going to end up leaving people out, but know that even if the name isn’t on this page the person is very much in my heart. My friends from/who I met in Ireland: Yvonne Brennan, Leo Chapman, Niall Crampton, Susie Cronin, Cara Cullivan, Orlaith Delargy, Liam Doyle, Rebecca Doyle Dorado, Amie and Hazel and Millie Egan, Aisling Egan, Fionnuala Frain, Louisa Heneghan, Terri Levine, Elaine Marum, Emily McCormack, Dervla Murphy, Alice Norwood, Michelle O’Connor, Conor O’Donovan, Hannah O’Reilly, Stephen O’Reilly, critically-acclaimed playwright Margaret Perry who will always be Map to me, Caitríona Phelan, Anna-Grace Scullion, double-doctor Heather Voss-Hoynes, Mairéad Walsh, my TCD undergrad and postgrad classmates… Friends I have met and made around the world: the EWL Agora 2016 family (especially Becca Bunce, Annika Spahn, and Nadine Aisha Jassat), Nadine Aslam, Julie D’Aleandro Meyers, Nelly Deflisque, Alba Godall Mateo, Jany Monroy Trujillo, Lene Odgaard, Eli Querol, Eleanor Rodgers, Monica Streifer, Jenny Wiberg, Siena Yates… Friends I met and made while in Edinburgh: Charmene Chaudry, Rahnuma Feist-Hassan and the crafternoon crew, Eve Gilchrist, Caitlin Rajala, Zara Todd (extra big thanks for housing iii me for a brief period in August 2019); my LLM 2015/6 classmates, especially Agni Aav, Siobhán Cuming, Lene Kirstine Korseberg, Rozemarijn Roland Host, Vilde Sofie Rodin, and Ailsa Wright as well as the Digital Composition and Performance 2015/6 crew; CES staff, especially Marta Crickmar, Edwin Cruden, John Currie, Euan Macinnes (another thank you for housing me, this time for a brief period in January 2017), Cara Manning, Marta McCullough, Morag Reid, Valerie Reynolds, Ioana Serbanescu, and Ailie Grey. To the friends I made through the PhD programme – Megan Bastick (extra big thanks for dinners and a much-needed weekend stay at her lovely home), Vivek Bhatt, Chiara Cooper, and Lizzi Przychodzki. PGRNS Committee members past, present and future, especially Dr Ashley Dee, Leah McCabe, Anna Vittinghoff, and Beth Wallace. Fellow conference attendees of the past few years, especially those at ATGENDER 2018 and Talking Bodies 2019. To the yoga instructors, dance teachers, and health professionals that helped me get to the end of this arduous road with my physical and mental health more intact than they otherwise would have been. Special thanks to Dr Ronan Fawsitt, Dr Teresa Kenny and all the staff at Castle Gardens surgery; Nicole Gallagher-Van der Smam, Gemma Grant, Jenny Huston, Evelyn O’Brien, Dr Tom Murray, Maria Peer, Nicola Woodworth, and all the staff at Dance Base Edinburgh. One final extra big thank you to my friends who agreed to be proof readers for this thesis: Megan Bastick, Becca Bunce, Monica Streifer, and Lena Wånggren. All errors, clunky phrases, and other features that will make me cringe when I look back on them a later date are entirely my own. Finally and most importantly, to all the women, girls, and gender-diverse people in Ireland, El Salvador and worldwide who have suffered so unnecessarily because of restrictions on and regressive attitudes to sexual and reproductive health and rights. In memory of Savita Halappanavar, Manuela, and Beatriz. You should still be here. iv Abstract In October 2012, the death of Savita Halappanavar reignited the abortion debate in the Republic of Ireland. In March 2013, ‘el caso Beatriz’ drew international attention to the complete criminalisation of abortion in El Salvador. Making sense of the parallels between these two tragedies was the starting point for this thesis: how did the social, political, and legal context resulting in these harms come to be, and how could it be transformed? To explore these questions, this thesis undertakes an intersectional feminist analysis of citizenship and international human rights law (IHRL) in relation to sexual and reproductive health and rights (SRHRs), specifically abortion. Focusing on El Salvador and Ireland, and undertaking a critical reading of abortion jurisprudence by the UN, European, and inter- American human rights systems, this thesis argues that feminist campaigns for the decriminalisation of abortion at the national level and the advancement of SRHRs within IHRL at the regional and international levels are best understood as interconnected, and as part of a broader, longstanding, and ongoing struggle for feminists to realise women’s full citizenship and human rights. This struggle takes place through feminist engagement with the language and mechanisms of IHRL at the interconnected national, regional, international, and transnational levels of the human rights system, and as such it represents a multilevel feminist citizenship project: the contestation of women’s exclusion from and oppression by traditional understandings of citizenship that deny them the right to have rights and determine the scope of those rights. Key words: abortion, SRHRs, citizenship, El Salvador, Ireland, feminist approaches to international human rights law Word count: 92,700 words v Lay summary In October 2012, the death of Savita Halappanavar reignited the abortion debate in the Republic of Ireland.