Secretary Giorgia Meloni talks during a Fratelli D'italia party electoral meeting tour towards the 25 September vote.

Abortion Rights Under Siege in Italy Post-Dobbs

By Sarah Gabriele

The U.S. Supreme Court’s decision to overturn the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization has had an impact and influence far beyond U.S. borders, with right-wing politicians in Italy campaigning on stricter abortion laws in the recent election of September 25, 2022. And now that the far right has reached the majority in both the Italian Parliament and Senate, access to abortion in Italy could soon face additional restrictions.

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Bill of Health - Globe and vaccine, covid vaccine

Reclaiming Global Public Health

By Zain Rizvi

By December 2020, the world had astonishingly powerful tools against COVID-19. New mRNA vaccines, underpinned by decades of public investment, had been authorized by global regulators. Yet the promise of the vaccines was unevenly realized: deep fault lines emerged between those who were able to secure vaccines and those left behind, or what South Africa’s president Cyril Ramaphosa called “vaccine apartheid.”

Dose shortages elevated the role of pharmaceutical executives. Fielding calls from heads of state, they decided what vaccine deliveries to prioritize, shaping which countries could protect lives and livelihoods. The answer to one of the most important public health questions of our time — who gets access to vaccines? — was mostly determined neither by political representatives nor scientists, but by corporate executives.

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microscope for in vitro fertilization process close up. . Equipment on laboratory of Fertilization, IVF.

Building a Progressive Assisted Reproductive Technology Law in South Africa

By Donrich Thaldar

In July 2022, a legal earthquake hit the South African fertility healthcare sector: The Pretoria High Court struck out the statutory ban on non-medical preimplantation sex selection.

Preimplantation sex selection for non-medical reasons is controversial around the globe, and explicitly banned in several prominent countries, such as Canada and the United Kingdom. However, in most countries, such as the United States, it is not regulated through statute. How did South African law arrive at this dramatic juncture?

In South Africa, over the course of the past decade, a steady stream of judicial decisions on assisted reproductive technology (ART) built a progressive body of case law (notwithstanding one noteworthy exception).

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Doctors and patients sit and talk. At the table near the window in the hospital.

Does the Right to Health Enhance Patient Rights?

By Luciano Bottini Filho

Despite the value of a constitutionally enshrined right to health, such a guarantee, on its own, does not ensure patient rights or a nuanced understanding of patient-centered care.

This article will consider the case study of Brazil as an example. Despite Brazil’s recognition of the right to health, this constitutional protection does not set sufficient standards to guide judicial decision-making around patient care.

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Washington, DC, USA, May 5, 2022: people protest the leaked draft Supreme Court opinion overturning Roe v. Wade and the right to abortion

Reproductive Governance in a Post-Roe US: The Weaponization of Health Systems

By Alicia Ely Yamin

I was living and working in Peru in 2001, when Karen Noelia Llantoy discovered she was pregnant with an anencephalic fetus. Llantoy, a minor at the time, became profoundly depressed. Her own physician, a social worker, and a psychiatrist all concurred that she should have a termination, as anencephaly is a fatal brain defect that also poses an unnecessary risk to the mother’s physical health, and the pregnancy was having a severe impact on Llantoy’s mental health.

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doctor holding clipboard.

Change for the Medical Malpractice Compensation System in England?

By John Tingle

It is fair to say that the British public are generally speaking very proud of our National Health Service  in England, and treasure it greatly. The NHS Constitution sets out the seven key principles which guide the NHS in all its activities, and these include:

  1. The NHS provides a comprehensive service, available to all.
  2. Access to NHS services is based on clinical need, not an individual’s ability to pay. NHS services are free of charge, except in limited circumstances sanctioned by Parliament.

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Buenos Aires, Argentina – August 31, 2017: Horizontal view of some waste collector machines over Matanza River (also known as Riachuelo at its mouth in River Plate), La Boca neighborhood.

Searching for Environmental Justice in Argentina: Revisiting the Reality of the Matanza-Riachuelo River Basin Case after Fifteen Years

By Alicia Ely Yamin and María Natalia Echegoyemberry

The first thing that strikes you when you arrive in Argentina’s Villa Inflamable (literally “Inflammable Slum”) is the noxious sulfur smell of the air that mixes with other acrid chemicals, which makes it difficult to breathe deeply. When a breeze picks up, the sands that have been used to extract contaminated water from the nearby Riachuelo, one of the ten most highly contaminated rivers in the world, rain down on everyone, filling eyes and lungs with toxic particulate matter.

As petrochemical tanker trucks parade through nearby paved streets, the unpaved lanes of Villa Inflamable alternate between toxic dust blowing through the air on dry days to flooding raw sewage on rainy ones. Everyone knows someone who died of cancer, or had pregnancy complications and children with birth defects. More than 600 children have been born and are growing up exposed to highly carcinogenic chemicals, such as benzene and toluene.

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A male pharmacist is examining a drug from a pharmacy inventory.

Monthly Round-Up of What to Read on Pharma Law and Policy

By Ameet Sarpatwari, Alexander Egilman, Aviva Wang, andAaron S. Kesselheim

Each month, members of the Program On Regulation, Therapeutics, And Law (PORTAL) review the peer-reviewed medical literature to identify interesting empirical studies, policy analyses, and editorials on health law and policy issues.

Below are the citations for papers identified from the month of April. The selections feature topics ranging from a discussion of manufacturer’s restricted delivery of 340B drugs to contract pharmacies and ensuing litigation, to an analysis mapping the European patent landscape for medical uses of known products, to an evaluation of the clinical benefit of novel drugs approved in the U.S. from 2018-2019. A full posting of abstracts/summaries of these articles may be found on our website.

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Hand holding glass ball with inverted image of surroundings reflected in ball.

Flipping the Script: Adoption and Reproductive Justice

By Kimberly McKee

Adoption is a reproductive justice issue. Pretending otherwise ignores how adoption is used as a red herring in anti-abortion arguments. A recent invocation of this faulty logic occurred in Justice Amy Coney Barrett’s questions during the November 2021 oral arguments in Dobbs v. Jackson Women’s Health Organization. Coney Barrett’s statements implied that the option to relinquish infants vis-à-vis adoption rendered abortion availability unnecessary. This line of thinking is one with which I am familiar, as both a Korean international, transracial adoptee, and a critical adoption studies scholar. 

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gavel.

Adoptee Rights and Adoption Annulment

By Gregory Luce

Annulling or legally ending an adoption is not a new concept, but it has rarely applied to the benefit of adopted people. Instead, informal practices, as well as specific legal frameworks dating back more than 100 years, have long-supported a “right of return” policy for adoptive parents who no longer feel an adoption is beneficial or even desired.

Activists within today’s adoptee rights movement, however, are working to establish a right to end a person’s own adoption by building on what has long existed in the law for adoptive parents, but refocusing it on the specific demands for autonomy of adopted people, particularly those who do not view adoption to be in their best interests.

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