From Reproductive Choice to Reproductive Justice

International Journal of Gynecology and Obstetrics, Vol. 106, pp. 106-109, 2009

Univ. of Toronto Law School, Legal Studies Research Paper Series No. 1437637

4 Pages Posted: 6 Oct 2009

See all articles by Rebecca J. Cook

Rebecca J. Cook

University of Toronto - Faculty of Law

Bernard Dickens

University of Toronto - Faculty of Law

Date Written: 2009

Abstract

Since the 1994 Cairo Conference on Population and Development, the human rights movement has embraced the concept of reproductive rights. These are often pursued, however, by means to which objection is taken. Some conservative political and religious forces continue to resist implementation of several means of protecting and advancing reproductive rights. Individuals' rights to grant and to deny consent to medical procedures affecting their reproductive health and confidentiality have been progressively advanced. However, access to contraceptive services, while not necessarily opposed, is unjustifiably obstructed in some settings. Rights to lawful abortion have been considerably liberalized by legislative and judicial decisions, although resistance remains. Courts are increasingly requiring that lawful services be accommodated under transparent conditions of access and of legal protection. The conflict between rights of resort to lawful reproductive health services and to conscientious objection to participation is resolved by legal duties to refer patients to non-objecting providers.

Keywords: Abortion rights, conscientious objection, contraception, Developments legal, reproductive health

JEL Classification: K10, J13, I18, I10

Suggested Citation

Cook, Rebecca J. and Dickens, Bernard, From Reproductive Choice to Reproductive Justice (2009). International Journal of Gynecology and Obstetrics, Vol. 106, pp. 106-109, 2009. Available at SSRN: https://ssrn.com/abstract=1437637

Rebecca J. Cook

University of Toronto - Faculty of Law ( email )

78 Queen's Park Cr.
Toronto, Ontario M5S 2C5
Canada
416-978-4446 (Phone)
416-978-7899 (Fax)

Bernard Dickens (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-4849 (Phone)
416-978-7899 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
409
rank
66,583
Abstract Views
1,656
PlumX Metrics