An  approach from the women's fundamental rights perspective to the statutory defence for abortion based on health risks in Mexico
Subtitle: a legal strategy to overcome the unfairness in its interpretation, operation and application
By: by María Guadalupe Adriana Ortega Ortiz.
Published: 2005
Language: eng
Number of pages: 92
Subjects: University of Toronto. -- Faculty of Law. -- Dissertations.; Abortion -- Law and legislation -- Mexico -- Criminal provisions.; Women's rights -- Mexico.; Women -- Health and hygiene -- Mexico.
Description: In this thesis, I analyse the statutory defence regime for abortion in Mexico in general and the statutory defence of health risks in particular. Relying on the constitutional and human rights frameworks, I argue that the legislative incorporation of every statutory defence is a consequence of the Mexican State's obligation to protect and respect women's fundamental rights. I analyse the statutory defence of health risks in a way that offers guidance to physicians performing risk assessments in a manner that respects and gives effect to the rights of women that are involved in this defence, particularly the constitutional right to health protection and the human right to health. I understand this approach as a strategy to overcome the unfairness resulting from the varying interpretation and operation of the exceptions to the criminal prohibition of abortion.
Notes: Thesis (LL.M.)-University of Toronto, 2005.

Includes bibliographical references.

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