Event Title
The International Human Rights Definition of "Life" and State Legislation Limiting Abortion on the Basis of Genetic Selection or Fetal Impairment
Location
Cleveland-Marshall College of Law
Start Date
7-3-2014 2:10 PM
End Date
7-3-2014 2:50 PM
Description
The link to the above right is to the Mediasite video of this presentation. Professor Petersen's presentation runs from 1:00:42 to 1:51:42. (For best results, view using the Firefox browser)
This program addresses the applicability of international human rights law on the definition of "life" in the context of recent state legislation around the country which seeks to limit access to abortion services on the basis of fetal impairment or genetic selection.
Professor Petersen will examine a trend of state statutes addressing the issue of abortion and fetal impairment through the lens of a recent North Dakota statute that would prohibit abortion if the provider knows that the woman is seeking it for purposes of sex selection or because the fetus has been diagnosed with a genetic abnormality. Through her presentation, Professor Petersen will argue that we should look not only to the Constitution but also to international human rights norms in order to navigate the difficult issue of abortion and fetal impairment. The UN Convention on the Rights of Persons with Disabilities (which the United States has signed and came close to ratifying in 2012) gives special attention to the rights to life, marriage, and reproduction and there was substantial debate among the drafters as to whether the right to life should refer to unborn children. While Article 10 was ultimately drafted in very simple language, with no reference to the unborn, it appears that the UN Committee on the Rights of Persons with Disabilities is interpreting the duty of non-discrimination to request governments to amend abortion laws so as to remove any distinctions made on the basis of fetal impairment. This interpretation of the treaty has raised concerns among nongovernmental organizations that work on behalf of women’s right to choose. Prof. Petersen suggests public policy responses that would continue to respect reproductive freedom while fulfilling our obligation to redress the history of eugenics and discrimination against persons with disabilities.
The International Human Rights Definition of "Life" and State Legislation Limiting Abortion on the Basis of Genetic Selection or Fetal Impairment
Cleveland-Marshall College of Law
The link to the above right is to the Mediasite video of this presentation. Professor Petersen's presentation runs from 1:00:42 to 1:51:42. (For best results, view using the Firefox browser)
This program addresses the applicability of international human rights law on the definition of "life" in the context of recent state legislation around the country which seeks to limit access to abortion services on the basis of fetal impairment or genetic selection.
Professor Petersen will examine a trend of state statutes addressing the issue of abortion and fetal impairment through the lens of a recent North Dakota statute that would prohibit abortion if the provider knows that the woman is seeking it for purposes of sex selection or because the fetus has been diagnosed with a genetic abnormality. Through her presentation, Professor Petersen will argue that we should look not only to the Constitution but also to international human rights norms in order to navigate the difficult issue of abortion and fetal impairment. The UN Convention on the Rights of Persons with Disabilities (which the United States has signed and came close to ratifying in 2012) gives special attention to the rights to life, marriage, and reproduction and there was substantial debate among the drafters as to whether the right to life should refer to unborn children. While Article 10 was ultimately drafted in very simple language, with no reference to the unborn, it appears that the UN Committee on the Rights of Persons with Disabilities is interpreting the duty of non-discrimination to request governments to amend abortion laws so as to remove any distinctions made on the basis of fetal impairment. This interpretation of the treaty has raised concerns among nongovernmental organizations that work on behalf of women’s right to choose. Prof. Petersen suggests public policy responses that would continue to respect reproductive freedom while fulfilling our obligation to redress the history of eugenics and discrimination against persons with disabilities.
Speaker Information
Carole J. Petersenis a Professor of Law in the William S. Richardson School of Law and Director of the Matsunaga Institute for Peace at the University of Hawaii at Manoa. From 1991 to 2006, Petersen taught in the Faculty of Law at the University of Hong Kong. Professor Petersen teaches courses on gender, human rights, and international law. She has a special interest in the domestic impact of international human rights treaties.