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Canadian Abortion Law
The Catholic Lawyer Volume 30 Number 4 Volume 30, Number 4 Article 3 Canadian Abortion Law Raymond Michael Ferri Terese Ferri Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the International Law Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. CANADIAN ABORTION LAW RAYMOND MICHAEL FERRI* AND TERESE FERRI** INTRODUCTION Rarely has an issue sustained the level of public controversy that the abortion issue has. Even more rarely has a controversy been as protracted and seemingly irreconcilable as this. Moreover, the controversy appears to be heightening rather than diminishing in public stature. Abortion is surely an issue of the utmost importance in its own right. But its social impact has been intensified by the fact that it has become a focal point for many other serious social issues. Abortion has become, it seems, the point around which two fundamentally irreconcilable sets of values have begun to crystallize in modern society. Few subjects have pro- voked such fundamentally divergent responses. As the emerging rift deep- ens, the ability to remain neutral dissolves. The implications of abortion in the nature and control of incipient human life, the function of law, the purpose of medicine, the legal and ethical responsibilities of public institutions, touch all of us deeply and personally. These far-reaching implications require that the difficult reali- ties of abortion be honestly confronted and compassionately assessed with an acute awareness of the individual and social consequences. -
Feminist Mobilization and the Abortion Debate in Latin America: Lessons from Argentina
Feminist Mobilization and the Abortion Debate in Latin America: Lessons from Argentina Mariela Daby Reed College [email protected] Mason Moseley West Virginia University [email protected] When Argentine President Mauricio Macri announced in March 2018 that he supported a “responsible and mature” national debate regarding the decriminalization of abortion, it took many by surprise. In a Catholic country with a center-right government, in which public opinion regarding abortion had hardly moved in decades—why would the abortion debate surface in Argentina when it did? Our answer is grounded in the social movements literature, as we argue that the organizational framework necessary for growing the decriminalization movement was already built by an emergent feminist movement of unprecedented scope and influence: Ni Una Menos. Through expanding the movement’s social justice frame from gender violence to encompass abortion rights, feminist social movements were able to change public opinion and expand the scope of debate, making salient an issue that had long been politically untouchable. We marshal evidence from multiple surveys carried out before, during, and after the abortion debate and in-depth interviews to shed light on the sources of abortion rights movements in unlikely contexts. When Argentine President Mauricio Macri announced in March 2018 that he supported a “responsible and mature” national debate regarding the decriminalization of abortion, many were surprised. After all, in 2015 he was the first conservative president elected in Argentina in over a decade, and no debate had emerged under prior center-left governments. Moreover, Argentina is a Catholic country, which has if anything seen an uptick in religiosity over the past decade, and little recent movement in public support for abortion rights preceding Macri’s announcement. -
The Ethics, the Law and the Born Alive Rule in Canada
FOETAL TISSUE TRANSPLANTATION : THE ETHICS, THE LAW AND THE BORN ALIVE RULE IN CANADA BY INDRA 1. MAHARAJ A Thesis Submitted to the Faculty of Graduate Studies In Partial Fulfillment of the Requirements for the Degree of MASTER OF LAWS Department of Law University of Manitoba Winnipeg. Manitoba O August. 2000 National Library Bibliothèque nationale 1*I ofCanada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395, nie Wellington OttawaON K1AON4 Ottawa ON K1A ON4 Canada Canada The author has granted a non- L'auteur a accorde une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sel1 reproduire, prêter, distribuer ou copies of this thesis in rnicroform, vendre des copies de cette thése sous paper or electronic formats. la forme de rnicrofiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cene thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. THE UNIVERSITY OF MANITOBA FACULXY OF GRADUATE STUDIES ***** COPYRIGET PERMISSION PAGE Foetal Tissue Transplantation: The Ethics, The Law and the Born Alive Rule in Canada hdra L. Maharaj A Thesis/Practicum subrnitted to the Faculty of Graduate Studies of The University of Manitoba in partiai Nrmment of the reqoirements of the degree of Master of Laws Permission has been granted to the Library of The University of Manitoba to Iend or seil copies of this thesis/practicum, to the National Library of Canada to microfilm this thesidpracticum and to lend or seii copies of the film, and to Dissertations Abstracts International to publlsh an abstmct of this thesislpractictun. -
Life and Learning Xix
LIFE AND LEARNING XIX PROCEEDINGS OF THE NINETEENTH UNIVERSITY FACULTY FOR LIFE CONFERENCE at THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW MINNEAPOLIS, MINNESOTA 2009 edited by Joseph W. Koterski, S.J. KOTERSKI LIFE AND LEARNING XIX UFL University Faculty for Life University Faculty for Life was founded in 1989 to promote research, dialogue, and publication among faculty members who respect the value of human life from its inception to natural death, and to provide academic support for the pro-life position. Respect for life is especially endangered by the current cultural forces seeking to legitimize such practices as abortion, infanticide, euthanasia, and physician-assisted suicide. These topics are controversial, but we believe that they are too important to be resolved by the shouting, the news-bites, and the slogans that often dominate popular presentation of these issues. Because we believe that the evidence is on our side, we would like to assure a hearing for these views in the academic community. The issues of abortion, infanticide, and euthanasia have many dimensions–political, social, legal, medical, biological, psychological, ethical, and religious. Accordingly, we hope to promote an inter-disciplinary forum in which such issues can be discussed among scholars. We believe that by talking with one another we may better understand the values we share and become better informed in our expression and defense of them. We are distressed that the media often portray those favoring the value of human life as mindless zealots acting out of sectarian bias. We hope that our presence will change that image. We also believe that academicians united on these issues can encourage others to speak out for human life in their own schools and communities. -
Understanding Islamic Law (Sharī’A)
Understanding Islamic Law (Sharī’a) bhala understanding 2e.indb 1 7/6/16 8:09 AM bhala understanding 2e.indb 2 7/6/16 8:09 AM Understanding Islamic Law (Sharī’a) second edition Raj Bhala Associate Dean for International and Comparative Law and Rice Distinguished Professor, University of Kansas School of Law Carolina Academic Press Durham, North Carolina bhala understanding 2e.indb 3 7/6/16 8:09 AM Copyright © 2016 Carolina Academic Press LLC All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Bhala, Raj, author. Title: Understanding Islamic law / Raj Bhala. Description: Second Edition. | Durham, North Carolina : Carolina Academic Press, [2016] | Includes bibliographical references and index. Identifiers: LCCN 2016027161 | ISBN 9781632849502 (alk. paper) Subjects: LCSH: Islamic law. Classification: LCC KBP144 .B49 2016 | DDC 340.5/9--dc23 LC record available at https://lccn.loc.gov/2016027161 Carolna Academic Press LLC 700 Kent Street Durham, NC 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.caplaw.com Printed in the United States of America bhala understanding 2e.indb 4 7/6/16 8:09 AM Bismillah ir Raḥmān ir Raḥīm (In the Name of God, the Most Gracious, the Most Merciful) Christians and Muslims are brothers and sisters. We must therefore consider ourselves and conduct ourselves as such. Together, we must say no to hatred, to revenge and to violence, particularly that violence which is perpetrated in the name of a religion or of God himself. God is peace, salām. His Holiness, Pope Francis (1936–), Bishop of Rome Address and Meeting with the Muslim Community Central Mosque Bangui, Central African Republic 30 November 2015 May the pure, brilliant sun of bodhicitta [enlightened mind] Dawn in each and every heart and mind Dispelling the darkness of suffering and confusion Unstoppably — until all are illumined and awakened. -
Raj Bhala† Table of Contents I. the Schismatic Environment
DOHA ROUND SCHISMS: NUMEROUS, TECHNICAL, AND DEEP Raj Bhala† Table of Contents I. The Schismatic Environment ................................... 6 II. Fall 2007 Negotiations on Agriculture .......................... 8 A. The Familiar Agriculture – Industry Trade-Off and Sequencing Problem ....................................... 8 B. Special Treatment for Customs Unions? .................... 8 C. American Agreement to Deeper Farmer Subsidy Cuts ....... 10 D. Green Box and Export Competition ........................ 11 E. Special Products .......................................... 12 III. Fall 2007 Negotiations on NAMA and Services ................. 13 A. The Indian NAMA Discussion Paper ....................... 13 B. Developing Countries, RAMs, and NAMA ................. 15 C. Environmental Goods ..................................... 17 D. Services .................................................. 19 IV. The November 2007 Draft Text on Trade Remedy Rules ........ 23 A. Antidumping and Countervailing Duties .................... 23 B. Proposed AD Rule Changes ............................... 24 C. Proposed CVD Rule Changes .............................. 30 D. More Hard Bargaining..................................... 32 E. Fishing Subsidy Disciplines ................................ 37 V. The Winter Working Papers on Agriculture ..................... 39 † Rice Distinguished Professor, The University of Kansas, School of Law, Green Hall, 1535 West 15th Street, Lawrence, Kansas, U.S.A. 66045. Telephone: (785) 864-9224; Fax: (785) 864-5054. Email: -
The Fight Hidden in Plain Sight
THE FIGHT HIDDEN IN PLAIN SIGHT SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS IN CENTRAL AND EASTERN EUROPE AND CENTRAL ASIA Table of contents: Introduction 5 Albania 6 Armenia 14 Belarus 22 Bosnia and Herzegovina 32 Bulgaria 38 Croatia 44 Georgia 52 Kazakhstan 60 Attribution-NonCommercial-NoDerivatives 4.0 International Latvia 64 Introduction: Antonina Lewandowska North Macedonia 68 Proof reading: Joel Henderson Cover and layout design: Julia Karwan-Jastrzębska, Joanna Meuś Moldova 76 ISBN 978-83-88-568-67-1 Published by: ASTRA Network Secretariat Poland 82 Nowolipie 13/15, 00-150, Warsaw, Poland Warsaw, Poland, 2020 Romania 92 Publication of this report was possible due to financial support of International Women’s Health Coalition. Russia 100 Introduction The year 2019 marked ASTRA Network’s 20th international attention, just like Polish Black anniversary of existence. For two decades, we Protest or Slovak Nebudeme Ticho to name have been monitoring the situation of sexual the latest ones, have had the power to stop and reproductive health and rights in Central draconian laws and keep the legislature intact. and Eastern Europe and Central Asia. Our However, Poland and Slovakia are not the only work focuses on supporting grassroot organ- ones that can mobilize the people – similar isations in the region and providing them initiatives, often organized or coordinated with opportunities to forward their work by ASTRA Network member organisations, even further – including the international were attended by tens of thousands in differ- arena. Our members are amazing actors in ent countries of the region as well. Activists their home countries, who do game-chang- defending human rights are fighting relent- ing grassroot work on community organizing, lessly to not let the far-right and religious providing healthcare and education, mobiliz- fundamentalists alter the system. -
Abortion Law and Policy Around the World: in Search of Decriminalization Marge Berer
HHr Health and Human Rights Journal HHR_final_logo_alone.indd 1 10/19/15 10:53 AM Abortion Law and Policy Around the World: In Search of Decriminalization marge berer Abstract The aim of this paper is to provide a panoramic view of laws and policies on abortion around the world, giving a range of country-based examples. It shows that the plethora of convoluted laws and restrictions surrounding abortion do not make any legal or public health sense. What makes abortion safe is simple and irrefutable—when it is available on the woman’s request and is universally affordable and accessible. From this perspective, few existing laws are fit for purpose. However, the road to law reform is long and difficult. In order to achieve the right to safe abortion, advocates will need to study the political, health system, legal, juridical, and socio-cultural realities surrounding existing law and policy in their countries, and decide what kind of law they want (if any). The biggest challenge is to determine what is possible to achieve, build a critical mass of support, and work together with legal experts, parliamentarians, health professionals, and women themselves to change the law—so that everyone with an unwanted pregnancy who seeks an abortion can have it, as early as possible and as late as necessary. Marge Berer is international coordinator of the International Campaign for Women’s Right to Safe Abortion, London, UK, and was the editor of Reproductive Health Matters, which she founded, from 1993 to 2015. Please address correspondence to Marge Berer. Email: [email protected]. -
Abortion and Democracy for Women: a Critique of Tremblay V
Abortion and Democracy for Women: A Critique of Tremblay v. Daigle Donna Greschner Chantal Daigle's ordeal before the courts in La d6cision de la Cour supreme dans Tremblay the summer of 1989 culminated in the c. Daigle marqua la fin d'un 6t6 de peines et Supreme Court of Canada decision of d'angoisse pour Chantal Daigle. Cette d6cision Tremblay v. Daigle. This decision, along with se range aux c6t6s de Morgentaleret Borowski the Court's prior decisions in Morgentalerand et force nos reprsentants politiques Aadresser Borowski, has forced politicians to address the Ia question de l'avortement. abortion issue. L'auteur soutient que l'issue du d6bat sur The author argues that the exclusion of women l'avortement a 6t6 ddtermin~e d'avance car les in framing the terms and the vocabulary of the femmes n'ont pas choisi ses termes, nile Ian- abortion debate predetermines its outcome. gage dans lequel il se d~roulera. Les tribunaux She believes that courts must recognize the doivent, selon elle, reconnaitre les forces en power relations at play and address the lack of jeu et tenir compte du manque de d~mocratie democracy for women. Courts must not only pour et par les femmes. Ils doivent non seule- encourage women to speak, but must also ment encourager les femmes s'exprimer, encourage the speech of women. mais surtout encourager l'expression des The author urges the Court to state unequivo- femmes. cally that foetuses have no constitutional L'auteur affirme que la Cour doit prendre posi- rights. She argues that such a decision is nec- tion et d6clarer clairement qu'un foetus n'a pas essary to bring women into the public debate de droit constitutionnel. -
WTO CASE REVIEW 2003* Raj Bhala** & David A. Gantz*** Table
Arizona Journal of International & Comparative Law Vol 21, No. 2 2004 317 WTO CASE REVIEW 2003* Raj Bhala** & David A. Gantz*** Table of Contents Page PART ONE: INTRODUCTION I. Developments in the Appellate Body.………….......................................…….325 II. Compliance Problems…………………..…….......................…..........…….....326 III. Greater Controversy for the Appellate Body in 2004?………….………....330 * This WTO Case Review is the fourth in an annual series on the substantive international trade adjudications rendered by the World Trade Organization’s Appellate Body. Each Review explains and comments on the Appellate Body reports adopted by the Dispute Settlement Body during the preceding calendar year (Jan. 1 – Dec. 31), excluding decisions on compliance with recommendations contained in previously adopted reports. See Raj Bhala & David Gantz, WTO Case Review 2000, 18 ARIZ. J. INT’L & COMP. L. 1 (2001); Raj Bhala & David A. Gantz, WTO Case Review 2001, 19 ARIZ. J. INT’L & COMP. L. 466 (2002); Raj Bhala & David A. Gantz, WTO Case Review 2002, 20 ARIZ. J. INT’L & COMP. L. 143 (2003). We are very grateful to the Editors and Staff of the Arizona Journal of International and Comparative Law for their excellent editorial assistance and continuing support of our work. Specifically, we would like to thank Vanessa Deans, Scott Jones, Sara Wallace, and Melissa Lin for their long hours spent editing this article. The WTO reports we discuss are available on the web site of the WTO, www.wto.org. The texts of the WTO agreements we discuss are available on this web site, and published in a variety of sources, including RAJ BHALA, INTERNATIONAL TRADE LAW HANDBOOK (2nd ed. -
Abortion and the Law in New
NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE Abortion and the law in New South Wales by Talina Drabsch Briefing Paper No 9/05 ISSN 1325-4456 ISBN 0 7313 1784 X August 2005 © 2005 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this document may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent from the Librarian, New South Wales Parliamentary Library, other than by Members of the New South Wales Parliament in the course of their official duties. Abortion and the law in New South Wales by Talina Drabsch NSW PARLIAMENTARY LIBRARY RESEARCH SERVICE David Clune (MA, PhD, Dip Lib), Manager..............................................(02) 9230 2484 Gareth Griffith (BSc (Econ) (Hons), LLB (Hons), PhD), Senior Research Officer, Politics and Government / Law .........................(02) 9230 2356 Talina Drabsch (BA, LLB (Hons)), Research Officer, Law ......................(02) 9230 2768 Lenny Roth (BCom, LLB), Research Officer, Law ...................................(02) 9230 3085 Stewart Smith (BSc (Hons), MELGL), Research Officer, Environment ...(02) 9230 2798 John Wilkinson (MA, PhD), Research Officer, Economics.......................(02) 9230 2006 Should Members or their staff require further information about this publication please contact the author. Information about Research Publications can be found on the Internet at: www.parliament.nsw.gov.au/WEB_FEED/PHWebContent.nsf/PHPages/LibraryPublications Advice on -
Senate Section
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION Vol. 166 WASHINGTON, TUESDAY, FEBRUARY 25, 2020 No. 37 Senate The Senate met at 10 a.m. and was Beware the next time Big Pharma with respect to defending innocent called to order by the President pro claims what we are trying to do to human life. There are only seven na- tempore (Mr. GRASSLEY). lower drug prices, in their words, ‘‘un- tions left in the entire world where an f dermines the free market.’’ Just re- unborn child can be killed by elective member this. The pharmaceutical in- abortion after 20 weeks, and the United PRAYER dustry supported ObamaCare. States of America, unfortunately, is The Chaplain, Dr. Barry C. Black, of- Big Pharma doesn’t want a free mar- one of them. fered the following prayer: ket. Take note that this industry op- Set aside all of the far-left rhetoric Let us pray. poses every proposal that would cost it that will greet Senator GRAHAM’s O Lord our God, how excellent is money and supports every proposal straightforward legislation and con- Your Name in all the Earth. From that ensures another government rev- sider this simple fact: Do our Demo- dawn to sunset, Your mercies sustain enue stream. That is exactly what cratic colleagues really believe that us. ObamaCare did and that is what Medi- what our country needs is a radical Today, inspire our Senators to em- care and Medicaid do now.