Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning Case Look Like?
Citation:
O'Connell, C., Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning Case Look Like?, Health and Human Rights, 14, 2, 2014, 116 - 128Download Item:
O'Connell HHR.pdf (PDF) 1007.Kb
Abstract:
Remedies and reparation measures emerging from the Inter-American System of Human
Rights in reproductive health cases have consistently highlighted the need to develop, and
subsequently implement, non-repetition remedies that protect, promote, and fulfill women’s
reproductive health rights. Litigation outcomes that determine there have been violations
of reproductive rights are regarded as a “win” for health rights litigation, but when implementation
fails, is a “win” still a win? There has been considerable success in litigating
reproductive health rights cases, yet the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights are not adequately equipped to follow up on
cases after they have been won. Successful and sustainable implementation of reproductive
health rights law requires incorporation of non-repetition remedies in the form of legislation,
education, and training that seeks to remodel existing social and cultural practices that
hinder women’s enjoyment of their reproductive rights. In order for a reproductive health
rights case to ultimately be a “winner,” case recommendations and decisions emerging from
the Commission and Court must incorporate perspectives from members of civil society,
with the ultimate goal being to develop measurable remedies that address underlying obstacles
to domestic implementation.
Author's Homepage:
http://people.tcd.ie/coconne5Description:
PUBLISHED
Author: O'Connell, Ciara
Type of material:
Journal ArticleCollections:
Series/Report no:
Health and Human Rights;14;
2;
Availability:
Full text availableSubject (TCD):
Inclusive Society , Gender Equality , Global Health , Reproductive health , WOMEN'S HEALTHDOI:
https://doi.org/10.1002/ijgo.12693ISSN:
1079-0969Licences:
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