Amicus Brief: Decriminalization on Abortion in South Korea

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Amicus Brief: Decriminalization on Abortion in South Korea
May 22, 2018

I. Introduction

Human Rights Watch has the honor of submitting this amicus brief in connection with case 2017Hun-Ba127, which is before the Constitutional Court of Korea (Constitutional Court). This case involves a review of the constitutionality of the Republic of Korea (South Korea)’s criminal law on abortion.

Under articles 269 and 270 of the Criminal Act, abortion is a crime, and any woman who undergoes an abortion risks up to one year of imprisonment or fines up to 2 million won (US$1850). Healthcare workers who provide abortions can face up to two years in prison, or more under certain circumstances.[1]

Continued: https://www.hrw.org/news/2018/05/22/amicus-brief-decriminalization-abortion-south-korea

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Exporting Censorship: How U.S. Restrictions on Abortion Speech and Funding Violate International Law, Part 2

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Exporting Censorship: How U.S. Restrictions on Abortion Speech and Funding Violate International Law, Part 2
May 7, 2018
Akila Radhakrishnan & Kristin Smith

Part 2: The Global Gag Rule and Freedom of Association

This is the second of a two-part post illustrating how U.S. abortion restrictions violate the ICCPR’s requirements for lawful restrictions on the freedom of speech and association, which is examined in more detail in the Global Justice Center’s recent brief. Although the Helms and Siljander Amendments (discussed in Part 1) also violate the freedom of association in various ways, this post focuses on the Global Gag Rule and its unique effects on the freedom of association.

Continued: https://ilg2.org/2018/05/07/exporting-censorship-how-u-s-restrictions-on-abortion-speech-and-funding-violate-international-law-part-2/

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Exporting Censorship: How U.S. Restrictions on Abortion Speech and Funding Violate International Law, Part 1

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Exporting Censorship: How U.S. Restrictions on Abortion Speech and Funding Violate International Law, Part 1
May 7, 2018
Akila Radhakrishnan & Kristin Smith

Part 1: The Helms Amendment and Freedom of Speech

This is the first of a two-part post exploring how U.S. restrictions on abortion-related speech, activities, and funding violate U.S. human rights obligations under the ICCPR. Although much attention is rightfully paid to the devastating impact of the reimposed Global Gag Rule, the Helms and Siljander Amendments (which have been permanently in place since the 1970s) often command less consideration. These restrictions are discussed separately here in order to illustrate their unique effects on freedoms of speech and association. However, Helms, Siljander and the Global Gag Rule all fall short of the ICCPR’s requirements and therefore violate freedoms of speech and association in complex ways, as examined in more detail in the Global Justice Center’s recent brief. This post explores how the Helms and Siljander Amendments fail to meet the ICCPR’s standards for lawful restrictions on the freedom of speech. Part Two will focus on the Global Gag Rule and its violation of the freedom of association.

Continued: https://ilg2.org/2018/05/07/exporting-censorship-how-u-s-restrictions-on-abortion-speech-and-funding-violate-international-law-part-1/

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Irish health minister defends abortion ban referendum

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Irish health minister defends abortion ban referendum

The Associated Press
Gregory Katz
January 30, 2018

LONDON — Irish women are having abortions regardless of a near-total constitutional ban on terminating pregnancies, the country’s health minister said Tuesday in defence of a planned referendum that will ask voters whether the amendment should be repealed.

Health Minister Simon Harris said on Ireland’s RTE television that he is beginning work on a proposed abortion law that would be submitted to parliament if the May referendum removes the constitutional ban. The legislation would allow abortions during the first trimester, he said.

Continued: http://nationalpost.com/pmn/news-pmn/irish-health-minister-working-on-proposed-new-abortion-law

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Ireland: State risks further abortion compo after €30k payout

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State risks further abortion compo after €30k payout
Thursday, November 09, 2017

By Fiachra Ó Cionnaith
Irish Examiner Political Correspondent

Ireland is at risk of having to pay compensation to thousands of women forced to travel abroad to receive an abortion unless the law is immediately changed to make the procedure legal and easily accessible.

The US-based Centre for Reproductive Rights (CRR) made the claim after the State paid out €30,000 over an abortion case, for only the second time in its history, in response to a UN ruling on the matter.

Continued at source: http://www.irishexaminer.com/ireland/state-risks-further-abortion-compo-after-30k-payout-462516.html

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State pays €30k in compensation to woman denied abortion in Ireland

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State pays €30k in compensation to woman denied abortion in Ireland

Shane Phelan
November 7 2017

The State has paid €30,000 in compensation to a woman who had to travel to the UK for an abortion after a fatal foetal abnormality diagnosis.

The settlement with Siobhan Whelan was agreed in recent days, Independent.ie has learned.

It also involves a commitment to fund supports for the Co Wexford woman.

Continued at source: https://www.independent.ie/irish-news/courts/state-pays-30k-in-compensation-to-woman-denied-abortion-in-ireland-36298487.html

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UK: Woman paid €30,000 over having to travel for abortion

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Woman paid €30,000 over having to travel for abortion
UN Human Rights Committee case concerns abortion in UK for fatal foetal abnormality

Nov 7, 2017
Pat Leahy

The Government has paid €30,000 in compensation to a woman who travelled to the UK for an abortion after a diagnosis of fatal foetal abnormality.

Siobhan Whelan, who successfully took a case to the United Nations Human Rights Committee earlier this year, has also been offered access to counselling services.

Continued at source: https://www.irishtimes.com/news/politics/woman-paid-30-000-over-having-to-travel-for-abortion-1.3283416

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Poland against UN standards on abortion and capital punishment

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Poland against UN standards on abortion and capital punishment
Oct 30, 2017

The ongoing battle around fundamental reproductive rights in Poland becomes even more fierce. Government’s attempts to criminalize abortions and make one of the toughest anti-abortion laws even stricter are expressed in its statement delivered to the Human Rights Committee.

Polish non-governmental organizations are deeply concerned about the official remarks to the General Comment No 36 on article 6 of the International Covenant on Civil and Political Rights concerning the right to life. The General Comments refers to various aspects related to the right to life – from abortion and euthanasia to suicide to capital punishment and genocide. It clarifies how States that have ratified the Covenant are supposed to protect this right. Only two paragraphs – out of 22 pages – pertain to abortion by imposing the duty to provide access to abortion in case of rape, incest and fetal impairment. The document also underlines that “any legal restriction on the ability of women to seek abortion must not, inter alia, jeopardize their life or subject them to physical or mental pain or suffering which violates article 7”.

Continued at source: http://en.federa.org.pl/poland-against-un-standards-on-abortion-and-capital-punishment/

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Ireland: ‘Our reproductive health laws have come to the attention of the UN Torture Committee’

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'Our reproductive health laws have come to the attention of the UN Torture Committee'

Ireland’s abortion laws are cruel, inhuman, degrading and discriminatory, writes Niall Behan.

Aug 4, 2017
Niall Behan CEO, Irish Family Planning Association

WHEN THE INTERNATIONAL experts on the United Nations Convention Against Torture reviewed Ireland last week, one of their principal areas of concern was reproductive coercion.

Felice Gaer, the Committee’s Vice-Chair and its longest serving member, grilled the state delegation about Article 40.3.3 of the Constitution—the Eighth Amendment—and the ways in which a woman’s right to informed consent and bodily autonomy during pregnancy and childbirth are affected by this provision.

And she had many questions about what she termed “this serious, difficult subject in Ireland of abortion”.

Continued at link: The Journal: http://www.thejournal.ie/readme/our-reproductive-health-laws-have-come-to-the-attention-of-the-un-torture-committee-3526954-Aug2017/

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U.N. Committee: Criminalization of Abortion in Ireland Violates Woman’s Human Rights

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U.N. Committee: Criminalization of Abortion in Ireland Violates Woman's Human Rights
New Decision Marks Second Time the U.N. Human Rights Committee Calls for Abortion Law Reform in Ireland

06.13.17 - (PRESS RELEASE) The United Nations Human Rights Committee has just ruled for the second time that Ireland’s abortion laws subjected a woman to cruel, inhuman and degrading treatment. This new decision recognizes yet again that prohibiting abortion violates women’s human rights and calls on Ireland to reform its laws.

The U.N. Committee ruled in favor of Siobhán Whelan, who was denied access to abortion services in Ireland following a diagnosis of a fatal fetal impairment. The Committee held that Ireland must provide Ms. Whelan with reparations for the harm she suffered and reform its laws to ensure other women do not continue to face similar violations. The Committee instructed Ireland to legalize abortion and provide effective, timely and accessible abortion services in Ireland.

Continued at source: Center for Reproductive Rights: https://www.reproductiverights.org/press-room/un-committee-criminalization-of-abortion-in-ireland-violates-womans-human-rights-0

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