3 resultados citaram: Constitutionalizing abortion in Brazil

Abstract The case of El Salvador provides unique evidence of how solidarity is possible among different social movements in struggles over abortion law reform and its impact, even in contexts of extreme criminalization. The paper depicts a concrete example of how networks centered on abortion struggles can go beyond feminist movements and national borders, and shows the domestic impact of broadening the scope of the audience, the actors involved, and the spheres where abortion law discussions take place. The article focuses on the evolution of socio-legal mobilization regarding abortion in El Salvador over the last two decades. This evolution is presented through three moments: the first centers on the legal actions that feminist movements orchestrated in the mid-2000's around the Beatriz case. The second moment focuses on the most outstanding features of the “Las 17” campaign – a collaborative and international experience that entailed the submission of seventeen pardon petitions on behalf of women who had been convicted of homicide after having miscarriages. Finally, a third moment entails the socio-legal strategies embraced by feminist movements since 2018 within the framework of the campaign named “Las 17+”.

Abstract This paper explores the significance of recognizing abortion as a fundamental right under constitutional law in Mexico, highlighting its role in advancing reproductive freedom, gender equality, and health as fundamental rights in a democratic society. Through an in-depth analysis of the relational constitutional reasoning employed by the Supreme Court of Justice of Mexico in its 2021 rulings, the paper argues that reproductive freedom-understood as a “multi-layered” right-emerges from the application of a gender perspective in constitutional adjudication, particularly in complex cases. By considering feminist social mobilization since the 1970s and the strategic litigation of abortion cases at both national and international levels since 2000, the paper demonstrates how Mexico’s constitutional jurisprudence has incorporated the historical claims and discourses of the feminist movement, framing abortion as a human rights issue. It further examines how recognizing abortion as a fundamental right in a constitutional democracy requires the State to uphold secularism, employ criminal law only as a last resort (ultima ratio) in regulating human reproduction, and actively promote gender equality. Finally, the paper examines the legal and political challenges to advancing reproductive freedom within the context of federalism and recent judicial reforms in Mexico.