{"title":"从人权角度看获得堕胎服务的法律障碍:乌拉圭的经验。","authors":"Lucía Berro Pizzarossa","doi":"10.1080/09688080.2017.1422664","DOIUrl":null,"url":null,"abstract":"<p><p>Sexual and reproductive health (SRH) has increasingly gained importance in the field of international human rights law. The work of the United Nations (UN) bodies, in particular the recently adopted General Comment 22 (GC 22), has been instrumental in signalling the importance of the SRH legal framework and in setting clear guidelines to steer countries into enacting/modifying/repealing national laws in order to comply with their international obligations vis-à-vis SRH. Although within the region Uruguay is regarded as a pioneer in terms of women's status and rights, including sexual and reproductive health and rights, evidence points to a number of challenges. This article explores the extent to which the Uruguayan abortion law complies with the country's international human rights obligations as conceptualised by GC 22. It uses the Uruguayan abortion law, its regulatory decree, and the highest administrative court's decision in Alonso et al v. Poder Ejecutivo as the main pivots for the discussion. The results reveal that - in spite of the praise it receives at the international level and the adoption of a less restrictive abortion law - Uruguay has fallen short in adopting a legal framework that complies with the international standards and guarantees effective access to abortion services.</p>","PeriodicalId":32527,"journal":{"name":"Reproductive Health Matters","volume":"26 52","pages":"1422664"},"PeriodicalIF":0.0000,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/09688080.2017.1422664","citationCount":"5","resultStr":"{\"title\":\"Legal barriers to access abortion services through a human rights lens: the Uruguayan experience.\",\"authors\":\"Lucía Berro Pizzarossa\",\"doi\":\"10.1080/09688080.2017.1422664\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Sexual and reproductive health (SRH) has increasingly gained importance in the field of international human rights law. The work of the United Nations (UN) bodies, in particular the recently adopted General Comment 22 (GC 22), has been instrumental in signalling the importance of the SRH legal framework and in setting clear guidelines to steer countries into enacting/modifying/repealing national laws in order to comply with their international obligations vis-à-vis SRH. Although within the region Uruguay is regarded as a pioneer in terms of women's status and rights, including sexual and reproductive health and rights, evidence points to a number of challenges. This article explores the extent to which the Uruguayan abortion law complies with the country's international human rights obligations as conceptualised by GC 22. It uses the Uruguayan abortion law, its regulatory decree, and the highest administrative court's decision in Alonso et al v. Poder Ejecutivo as the main pivots for the discussion. The results reveal that - in spite of the praise it receives at the international level and the adoption of a less restrictive abortion law - Uruguay has fallen short in adopting a legal framework that complies with the international standards and guarantees effective access to abortion services.</p>\",\"PeriodicalId\":32527,\"journal\":{\"name\":\"Reproductive Health Matters\",\"volume\":\"26 52\",\"pages\":\"1422664\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/09688080.2017.1422664\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Reproductive Health Matters\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/09688080.2017.1422664\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Reproductive Health Matters","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/09688080.2017.1422664","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 5
摘要
性健康和生殖健康在国际人权法领域日益重要。联合国各机构的工作,特别是最近通过的第22号一般性意见(GC 22),在表明性健康和生殖健康法律框架的重要性和制定明确的指导方针方面发挥了重要作用,指导各国颁布/修改/废除国家法律,以履行其对-à-vis性健康和生殖健康的国际义务。虽然乌拉圭在该区域内被视为妇女地位和权利,包括性健康和生殖健康及权利方面的先驱,但有证据表明存在一些挑战。本文探讨了乌拉圭堕胎法在多大程度上符合gc22规定的该国国际人权义务。本文以乌拉圭堕堕法及其监管法令,以及最高行政法院在Alonso et al . v. Poder Ejecutivo一案中的判决作为讨论的主要支点。结果显示,尽管乌拉圭在国际一级受到赞扬,并且通过了限制较少的堕胎法,但它在采用符合国际标准和保证有效获得堕胎服务的法律框架方面做得不够。
Legal barriers to access abortion services through a human rights lens: the Uruguayan experience.
Sexual and reproductive health (SRH) has increasingly gained importance in the field of international human rights law. The work of the United Nations (UN) bodies, in particular the recently adopted General Comment 22 (GC 22), has been instrumental in signalling the importance of the SRH legal framework and in setting clear guidelines to steer countries into enacting/modifying/repealing national laws in order to comply with their international obligations vis-à-vis SRH. Although within the region Uruguay is regarded as a pioneer in terms of women's status and rights, including sexual and reproductive health and rights, evidence points to a number of challenges. This article explores the extent to which the Uruguayan abortion law complies with the country's international human rights obligations as conceptualised by GC 22. It uses the Uruguayan abortion law, its regulatory decree, and the highest administrative court's decision in Alonso et al v. Poder Ejecutivo as the main pivots for the discussion. The results reveal that - in spite of the praise it receives at the international level and the adoption of a less restrictive abortion law - Uruguay has fallen short in adopting a legal framework that complies with the international standards and guarantees effective access to abortion services.
期刊介绍:
Sexual and Reproductive Health Matters ( SRHM) promotes sexual and reproductive health and rights (SRHR) globally through its journal and ''more than a journal'' activities. The Sexual and Reproductive Health Matters (SRHM) journal, formerly Reproductive Health Matters (RHM), is a peer-reviewed, international journal that explores emerging, neglected and marginalised topics and themes across the field of sexual and reproductive health and rights. It aims to publish original, relevant, and contemporary research, particularly from a feminist perspective, that can help inform the development of policies, laws and services to fulfil the rights and meet the sexual and reproductive health needs of people of all ages, gender identities and sexual orientations. SRHM publishes work that engages with fundamental dilemmas and debates in SRHR, highlighting multiple perspectives, acknowledging differences, and searching for new forms of consensus. SRHM strongly encourages research that explores experiences, values, information and issues from the point of view of those whose lives are affected. Key topics addressed in SRHM include (but are not limited to) abortion, family planning, contraception, female genital mutilation, HIV and other STIs, human papillomavirus (HPV), maternal health, SRHR in humanitarian settings, gender-based violence, young people, gender, sexuality and sexual rights.