Human Rights and the Unborn Child

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BRILL, 2009 - Political Science - 347 pages
This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the General Comments and Concluding Observations and Recommendations of the various treaty monitoring bodies relating to the topic of the unborn child. Contemporary reinterpretations of these documents are held up to the searchlight of historical context, including a reminder of the original purpose and meaning and the philosophical foundation of modern international human rights law.
 

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A well-researched analysis and excellent survey of international declarations (both political and medical) as related to human rights, and by extention, the rights of the unborn. Anyone who reviews this book as simply being "anti-woman" hasn't read the book. Joseph gives her reasonings for writing the book in the introduction, namely, she was challenged that no such opinion on the protection of the unborn existing in the international legal sphere. She is simply responding to this misnomer in her book. Her concluding section says it all, ideologies need to conform to human rights, not human rights to ideology. People who dismiss this book via it's cover need to take their head out of the sand... 

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Pure anti-choice propaganda. The author seems to view pregnancy as a woman's unavoidable duty and fate. She also seems to view a woman's fertility as more important than the woman. Her lack of empathy for women is as appalling as her effort to argue that non-binding resolutions carry the same weight as international law.
This work is the interpretation of law by someone with no background or expertise in law. She does not appear to know the difference between a treaty and a simple declaration. Her beliefs are clear, and so is her anti-choice agenda. It's her logic that fails. This may go over well in the world of anti-choice zealotry, but will not stand up to genuine scrutiny.
 

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Contents

Analysis of the texts
1
the Historical Context
7
Chapter 3 Fundamentals of the Universal declarations Human Rights Protection
31
Chapter 4 The inaugural Human Rightto be born Free and equal 47 Rights of the child exist before birth
47
Chapter 5 What is Appropriate legal Protection before As Well As After birth?
63
Chapter 6 The Right to life and to the necessities of life
81
Chapter 7 DecriminalizationA treaty interpretation Manifestly Unreasonable
103
Chapter 8 CRC legislative History and the Child before birth
121
Chapter 10 European Convention 1950 and the Unborn Child
179
in general from the moment of conception
213
Chapter 12 Reclaiming Rights of the African Child at Risk of Abortion
245
An Act of Violence and discrimination on Grounds of sex
265
Chapter 14 Childrens Rights without any exceptions whatsoever
283
Conclusion Ideologies Must Conform to Human Rightsnot Human Rights to ideologies
301
bibliography
331
index
339

Chapter 9 Selective Abortion on Grounds of disability
141

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About the author (2009)

Rita Joseph is an Australian writer, lecturer and human rights advocate, specialising in philosophy of the language of human rights. As an adviser to various delegations, she has extensive experience in negotiating the texts of numerous United Nations rights documents.

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