Struggle and Resistance: Using International Bodies to Advance Sexual and Reproductive Rights in Peru

33 Pages Posted: 29 Mar 2021

See all articles by Camila Gianella

Camila Gianella

University of Bergen - Department of Comparative Politics

Alicia Ely Yamin

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics; Harvard University - Harvard Law School; Partners in Health; Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation

Date Written: 2018

Abstract

Peru is often highlighted as an example of the internationalization of sexual and reproductive health and rights (SRHR) norms, through supra-national litigation. Yet, the impact to petitioners and other similarly situated women in Peruvian society has fallen far short of expectations. This Article argues that the reasons underlying the need to use international SRHR litigation in the first place are indeed the same as those that give rise to poor implementation. Through an analysis of four cases—two that relate to indigenous women’s rights to be protected from abuses of SRHR and two that relate to women’s rights to access abortion under circumstances when it is legal—this Article traces the drivers, origins, and effects of these cases, on both litigants and broader population groups and institutions. In particular, we analyze the impact and limitations of these cases on SRHR norms in Peru.

Suggested Citation

Gianella, Camila and Yamin, Alicia Ely, Struggle and Resistance: Using International Bodies to Advance Sexual and Reproductive Rights in Peru (2018). Berkeley Journal of Gender, Law & Justice, Vol. 33, 2018, Available at SSRN: https://ssrn.com/abstract=3795523

Camila Gianella

University of Bergen - Department of Comparative Politics ( email )

Christiesgate 15
Bergen, N-5007
Norway

Alicia Ely Yamin (Contact Author)

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics ( email )

23 Everett Street
Cambridge, MA 02155
United States

Harvard University - Harvard Law School ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
United States

Partners in Health ( email )

641 Huntington Ave, 1st Floor
Boston, MA 02115
United States

Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation ( email )

PO Box 6033 Postterminalen
Bergen, NO-5892
Norway

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