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在国际人权层面上挑战美国最高法院对罗诉韦德案的多数裁决
1Newsletter editor, International Campaign for Women's Right to Safe Abortion.
Health and human rights
|July 3, 2023
概括
美国人权专家应该对罗伊诉韦德案的驳回提出质疑. 这一裁决违反了人权,倡导者可以通过国际人权机构采取法律行动.
科学领域:
- 人权法 人权法 人权法
- 公共卫生政策 公共卫生政策
- 宪法 宪法 宪法 宪法 宪法
背景情况:
- 美国最高法院在2022年6月推翻了罗伊诉韦德案,结束了对堕胎的宪法权利.
- 这一决定因大量侵犯人权而受到批评.
- 国际人权机构有着裁决堕胎相关人权案件的历史.
研究的目的:
- 分析罗伊诉韦德案撤销后的侵犯人权的情况.
- 为美国人权和堕胎权利倡导者提出法律战略.
- 利用国际人权法对最高法院的裁决提出质疑.
主要方法:
- 审查了最高法院对罗伊诉韦德的裁决中的不同意见.
- 分析过去20年中关于堕胎的国际人权案件.
- 提议将案件提交美洲人权委员会.
主要成果:
- 不同意的法官在回应多数裁决时详细说明了多起侵犯人权的行为.
- 国际判例法显示,人权机构处理与堕胎有关的侵犯行为有先例.
- 在国家和国际人权专家和倡导者之间存在既定的工作关系.
结论:
- 美国人权和堕胎权利倡导者应该向美洲人权委员会提起诉讼.
- 该案应辩称,罗伊诉韦德案的撤销违反了基本人权.
- 应该敦促委员会指示美国政府取消该裁决,如果有必要,可能会升级到美洲人权法院.
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