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Women's Health and the Limits of Law: Domestic and International Perspectives

Edited by: Irehobhude O. Iyioha

ISBN13: 9781138549647
Published: December 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?'

 

The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, Czech Republic, Peru and Bolivia.

The book will be a valuable resource for educators, students, lawyers, rights advocates, and policy-makers working in women’s health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.

Subjects:
Medical Law and Bioethics
Contents:
Introduction
Within and Beyond the Hedge: Form, Substance and the Limit of Laws on Women’s Health
Irehobhude O. Iyioha
Law, Normative Limits and Women’s Health: Towards a Jurisprudence of Substantive Effectiveness
Irehobhude O. Iyioha
On Feminism, Morality and Human Rights: Assessing the Effectiveness of United Kingdom’s FGMAct
Jenaye M. Lewis, Irehobhude O. Iyioha and Dexter Dias
Abortion Law in China: Disempowering Women under the Liberal Regulatory Model
Wei Wei Cao
Forced Sterilizations: Addressing the Limitations of International Rights Adjudication through an Intersectional Approach
Charlotte Skeet
Tilted Interpretations: Reproductive Health Law and Practice in the Philippines
Amparita Sta Maria
Economics and the Limits of Law: An International Analysis of Persistent Gaps in Women’s Reproductive Health
Karen A. Grépin, Jeni Klugman and Matthew Moore
Indigenous Feminist Legal Theory: A Multi-Juridical Analysis of the Limits of Law for Indigenous Women Living with HIV in Canada
Emily Snyder
Domestication and Reception of International Reproductive Health Law and the Limits of Law: Perspectives from Nigeria and South Africa
Babafemi Odunsi and Oluwayemisi Adewole
On the Margins of Law: Examining the Limits of Legislative Initiatives on Maternal Mortality in South Africa and Nigeria
Arooj Shah, Toyin Akintola, and Irehobhude O. Iyioha