The gender injustice of abortion laws
1MacBain Chair in Health Law and Policy, Associate Professor, Schulich School of Law , Dalhousie University , Halifax , Canada.
Abstract:
This commentary is a response to Katarzyna Sękowska-Kozłowska's article on the treatment of criminal abortion laws as a form of sex discrimination under international human rights law through a study of the communications, Mellet v. Ireland and Whelan v. Ireland. The commentary offers a reading of these communications, and specifically the sex discrimination analysis premised on inequalities of treatment among women, as an engagement with the structural discrimination that characterises abortion laws, and as a radical vision for gender justice under international human rights law.
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