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Stark, Barbara. “The Women’s Convention, Reproductive Rights, and the Reproduction of Gender.” Duke Journal of Gender Law & Policy 18 (2011): 261–304.

Annotation

This article applies international human rights theory on sex equality to the Hyde Amendment’s ban on abortion funding. Specifically, the author suggests one international human rights instrument, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), obligates the government to provide abortion funding. Stark notes that CEDAW also prohibits discrimination based on gender roles, which allows for a broader understanding of what the right to health might look like. The article argues that the CEDAW is broader in scope than Equal Protection in the U.S. Constitution, it guarantees that government will not interfere with reproductive rights, it requires the government to provide abortion funding and to ensure reproductive rights for women and others who have the capacity to become pregnant.

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Related Topics

Gender equality   Abortion funding bans   Government regulation   Legal case   Human rights   Abortion   Health care   Health disparities