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reproductive rights

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950

A. and B. v. Eastern Health Board

C. was a 13 year-old girl who became pregnant as a result of rape allegedly by a family friend and was now in State care.  The health board sought a court order to allow her to travel outside the State to obtain an abortion because abortion was illegal in Ireland except where the pregnancy formed a real and substantial risk to the woman's life. The Court granted the health board's order permitting C. to travel outside the State to obtain an abortion.

Achyut Prasad Kharel v. Office of Prime Minister and Council of Ministers and Others

A petition to require consent from the woman’s husband in a law in the Constitution of the Kingdom of Nepal allowing women to have an abortion on fetuses of less than 12 weeks cited CEDAW conventions mandating equality between men and women on matters relating to family planning. The Court dismissed the petition emphasizing that CEDAW is intended to promote and protect women’s rights and to consider the wording of equality in such absolute terms would, in fact, be contrary to this original intent.

Human Rights and Gender Equality in Health Sector Strategies: How to Assess Policy Coherence

Report providing a tool to consider practical options and posing critical questions for policy-makers to identify gaps and opportunities in the review or reform of health sector strategies as well as other sectoral initiatives. Developed by the World Health Organization, the Office of the High Commissioner for Human Rights (OHCHR) and the Swedish International Development Cooperation Agency (2011).

Infant Life (Preservation) Act, Saint Kitts and Nevis

The Infant Life (Preservation) Act, (the “Act”) criminalizes child destruction, defined as any act causing the death of a child “before it has an existence independent of its mother.” The punishment for such an offence is life imprisonment, with or without hard labor. For the purposes of the Act, the child must be capable of being born alive. A pregnancy lasting for a period of 28 weeks or more is prima facie evidence of this.

K.L. v. Peru

A 17 year old was diagnosed with an anencephalic fetus. Her hospital physician recommended a lawful therapeutic abortion, but the hospital director refused, forcing her to carry to term. The newborn died four days after birth, and the 17 year old suffered severe physical and psychological harm. Peru offered no effective administrative or judicial remedy and did not cooperate before the Committee.

Laki raskauden keskeyttämisestä (239/1970, muutoksineen)

Abortion Act (239/1970, as amended)

Amendments to the Abortion Act of Finland, which widened the previously strict laws on abortion, entered into force on September 1, 2023. The amendments allow a pregnancy to be terminated solely at the pregnant woman’s request until the end of the twelfth (12th) week of pregnancy, i.e., without requiring justification. The previous conditions for terminating a pregnancy dated back to 1970 and provided that opinions by two doctors and the presentation of grounds were needed.

Prakash Mani Sharma and Others v GON, Office of Prime Minister and Council of Ministers and Others

Citing the prevalence of uterus prolapse in pregnant women in Nepal, the petitioner filed that the government should be responsible for providing infrastructures to support women’s reproductive health under Article 20 of the Interim Constitution of Nepal which guarantees the right to reproductive health for all women.

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