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When States Fail to meet Their Legal Obligation

category international | gender and sexuality | opinion/analysis author Sunday April 15, 2007 18:46author by C Murray Report this post to the editors

Polish Abortion crisis

The LPR in Poland had attempted at the end of 2006 to force through
an amendment to the article 38 of the Polish Constitution which would
have transcended the already legislated for abortion rights of Polish
women. The amendment was to have read ' to protect human life from
the moment of Conception'. The campaigners launched a global
letter of protest which went through many women's groups and a
political campaign to raise awareness of the issues surrounding
women's reproductive rights.

The Vote happened and the LPR lost.
Marek Jurek has been forced to resign.
During the almost five month campaign which saw deep division in
the Polish Parliament, the Alicia Tysiac case was heard in Strasbourg, The ECHR
ruled that the Polish State had failed in their legal obligation to provide the
mother of three with a legal abortion on medical grounds, despite three
doctors advising that she would lose her sight if she was to proceed with
her pregnancy.
Marek Jurek
Marek Jurek

The original letter requesting the support of the women's activist
community is at link:-

The Tysiac case is at link:- http:/

The Polish and Nicaraguan abortion stories are at link;-

The Portugal vote is at link:-

The Monica Roa case which comprised a constitutional challenge to Columbian
abortion laws is at link:-

The Roa case is precedent setting because legal abortion in Columbia is
viewed as a human right and as I said earlier in comments , two very important
parts of the high impact litigation were the right to an abortion in the case
of enforced IVF and the right of a medical doctor to opt out on religious
or ethical grounds balanced against the right of the woman or child
to a free, safe and legal abortion in the state medical care system.

The importance of the precedent is obvious. the woman is respected
in her decision or need and the medical doctor has the opt out.

The Roa Case can be accessed through the link:-

The Roa judgement was in Spanish but most of it has now been translated
into English. There is a short film on the case available and I will add in the
link later.

The crisis in Poland was effected by the LPR and the Parliament is now
split. The abortion laws were already restrictive, wherein a woman or child
had to get a special permission or licence, in the case of Alicia Tysiac she
was refused that licence and forced to continue with her pregnancy despite
three expert opinions on her medical condition.

The political fall-out from the attempt to change the Polish Constitution
is in the original article, comments section.

There are now three case before the EHCR involving Irish Women's rights
to medical abortion. They are due to be heard within the next few months.
It is 10 years since Deirdre De Barra wrote her letter to the Irish Times
in which she argued for the right to a free, safe and legal abortion in this
country. It is 15 years since a judge ruled that we could legislate for
limited abortion in this state. Not one of the governments in this state has
extended that right to the women or girls who have had to travel to seek that right.

author by C Murraypublication date Sun Apr 15, 2007 19:09author address author phone Report this post to the editors

This page has the decree and regulations of the Roa case (May 10th 2006)
and also the Constitutional Court decision.

author by C Murraypublication date Tue Apr 17, 2007 10:34author address author phone Report this post to the editors

Felip Calderon ,who many may remember being infamously inaugurated
in a locked room in the Presence of George Bush (1) is opposed to moves
by women's rights groups for a liberalisation of restrictive abortion laws.

He is joined in his opposition to the moves by the offices of the RC
Church in Mexico.

Calderon has refused to set about an investigation into the murder
of Brad Will, members of the APPO and web-designers, editors
from Mexico- which resulted from the Popular uprising in Oaxaca.

The family members of Brad Will have attempted to get
the issue of his murder heard in the US Congress.( Governor
Ulises Ruis is implicated in the Murder)

Campaigners including Amnesty have consistently highlighted
the issues surrounding the murder of Will and called for impeachment
of Ruis.

The story is at :-

There are no updates on the Polish split parliament which resulted
from the LPR attempting to change article 38 of the Polish constitution
to 'Protect life from the moment of conception'.

Reproductive rights issues thus far have been seen within the
last twelve months in:


Mexican women protesting on abortion laws
Mexican women protesting on abortion laws

author by C Murraypublication date Thu Apr 19, 2007 11:53author address author phone Report this post to the editors

Ths abortion issue seems to pertain a lot to democracies that are incredibly
gender-imbalanced and have a narrow definition of spirtuality- this report is
hardly surprising.

Western theological systems that infantilise the female without discussing
issues of relevance to women and girls, seem also dedicated to war.

Thus the abortion issue is now politically relevant to:-
North America.
The UK.

Portugal and Columbia both faced the issue of medical abortion
and women's reproductive rights in recent times,in full consultation
with women campaigners and human rights activists. The
other countries have attempted to force the issue through subverting
international legislations and hard won rights.

author by Jackpublication date Thu Apr 19, 2007 12:41author address author phone Report this post to the editors

" The product of abortion is Nuclear War " .... Mother Teresa of Calcutta

author by anti-Shell pro-Fanonpublication date Thu Apr 19, 2007 14:46author address author phone Report this post to the editors

& the young will keep their grandparents & great grandparents happy & young - agile & alert with the child care. But that day will only come when we as a global class realise that all states by their very flawed nature did not with-hold their legal obligations. I think it is as simple as eating the Rich. Others more intelligent than I say it is as simple as patriotism. Whichever it is - we're all going the same place. The world we make will have enough parenting and food for all the children we need to evolve.

nail that to your local church door.

author by C Murraypublication date Thu Apr 19, 2007 19:05author address author phone Report this post to the editors

The Irish State has given millions yesterday to gender equality and anti-violence
issues and yet in the last ten years not one of them has confronted the issues
of abortion in this country.

The photo which accompanied the press release had three male TD's and Mary

The poorest in our society and on this planet have no voice with regard
to their medical care, indeed, immigrant women have no freedom of travel
to obtain an abortion.

Instead of confronting the issue squarely we hide behind a set of theological
precepts which are foisted on a section of society from a State that
is gender imbalanced and from a church which persists in refusing to recognise
the validity of women's unique existence.

For many years now women have asked to begin a dialogue on the issues
pertaining to Poverty/aids/abortion/contraception but have been ignored
or cauterised by a premise that their contribution as part of humanity is
of little or no worth.

Again, the Western Theological systems that inform our leaders seem more
interested in controls in the private moral sphere of women's sexuality than in
the condemnation of the obscenity of war.

The right to a free safe and legal abortion is something that should be confronted in our society
instead of the exportation of 10,000 women a year to the UK. How hypocritical
are we as a society to refuse to countenance the issue that there are medical
and social reasons for abortion that are beyond the expertise of a theologian
or someone versed in canonical law- unless they have a degree in gynaecology.

(thats a whole other story- though I believe the Vatican does have a wonderful
observatory in the US, thus they do train astronomers- ye never know...)


author by Linkerpublication date Fri Apr 20, 2007 19:47author address author phone Report this post to the editors

also spotted in (subscriber only. IT of 19/04/07)

The Polish/Portugese/and Spanish governments are protesting the new
EU Treaty which wd reduce their vote weight.

Interestingly the EU has pulled Polish Government up on the Issue of homosexual rights
in relation to the proposed Law at the top of this report.

The new party envisaged by Jurek is dedicated to upholding Catholic values and
is anti-abortion.

[The first link:- states-
"Poland's Parliamentary speaker Marek Jurek said April 19th he is forming a new
conservative party, Polish press reported April 20th. Jurek, who left the ruling Law and
Justice party the second week of April, plans to advance Catholic Values and
strive to end abortion In Poland through the new party. Jurek also says that he plans
to continue supporting the Government"


Will publish the name of the Party when it becomes available.

author by C Murraypublication date Wed Apr 25, 2007 12:28author address author phone Report this post to the editors

The Legalisation of Abortion looks set to be accomplished for the first
time in Mexico- The Democratic Revolutionary party control the Federal

Catholic Bishops have threatened legislators with excommunication if they vote
to alleiviate the problem of Abortion in Mexico where the largest number of illegal
abortions are carried out in the whole of Latin America.

The RC church has not commented on Oaxaca- again demonstrating an
overweening interest in the workings of Women's reproductive abilty.

The National Action party is resisting the moves to legalise abortion.
Felip Calderon, a Bush lackey and President has refused to impeach
Ulise Ruis for the murders and dissappearances of over 200 Mexican
nationals and Brad Will. He does not like to talk about the apartheid wall

Will update in the comments section. Most reports are from US news services
including The Washington Post- if anyone has independent links add them
in here.

author by C.publication date Fri Jun 29, 2007 20:02author address author phone Report this post to the editors

'Mozambique's legislators are currently reviewing the country's abortion ban and are now planning
to propose a law that would lift the ban when the parliament reconvenes in October 2007.
The step is being taken after the country's ministry of health revealed that the current legislation
endangers women's lives.'

11% of maternal deaths are caused by unsafe abortion.
40% of serious pregnancy complications are caused by unsafe abortion.
58% of abortion cases were performed at home by women , themselves.

details at link:-

info from online monthly Newsletter [WE!}

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