This paper aims to analyze the configuration of the right to childbirth care and the defense of maternal health as a women’s human right and its incorporation and realization in Brazilian law, from the dialogue with constitutional frameworks for the protection of women’s rights, reflecting on approaches for its effectiveness within the scope of the national supplementary health agency and the imposition, from the normative discretion of the Public Administration in the regulation of private health plans regarding the defense of the rights of women who have health plans, and drawing a comparison between the administrative norms issued by agencies and judicial decisions on obstetric violence and maternal health care in public and private systems, seeking projections of the right to childbirth care in Brazilian administrative and judicial practices
The paper aims to explore some of the issues that affect the procreative tourism originated by the heterogeneity of the regulations on ART. In fact, the prohibition of certain practices in some countries encourages couples to travel where they are allowed to realize their “dream of parenthood”. However, the problem concerns the possible recognition of parental relations between the child and the parents, which is not always considered possible. In particular, the existing prohibition of surrogacy prevents in some States (e.g., Italy) to recognize the parental relationship between the child and the “social parent” (who doesn’t have a genetic link with him/her). The critical issue concerns the circulation of the juridical status of the minor, who is subject to downgrading. The challenge is then to identify the best legal instruments that can solve this vulnerability of the minor’s protection, but at the same time can guarantee all the interests, first of all the dignity of the woman
The Hungarian ruling coalition values tradition, retrieving it in areas that affect the private and public spheres through political narratives implemented by law. Even though the “recovered” tradition shapes a collective imagination and a normative framework that are extremely conservative, it contributes to social change in an illiberal sense. Hungarian law and political narratives intercept widespread malaise and increase discrimination against minorities already at risk. Moving from a model of social regulation recognized by the Constitution, they establish a link between the family and the nation, and introduce bans on the registration of gender change and the promotion of LGBT contents. They also construct the target of migrants and use Christianity as an ethno-identity component. The ruling coalition openly rejects but also utilizes the liberal fundamental rights narrative. Hungarian narratives politically “exploit” the expectations it creates among citizens.
According to the standard view criminal law deals with public, rather than private wrongs. Yet certain areas of criminalization challenge this assumption, such as the field of sex offenses (which is commonly viewed as intended to protect the right to sexual autonomy). The purpose of this paper is to discuss a host of emerging offenses – which I refer to as offenses of abusive domination – that further complicate the relationship between individual rights and the criminal law. These include prohibitions against hierarchical sex and domestic emotional abuse. Existing accounts offer mainly two conceptualizations for abusive domination (AD) along the public interest/private right divide. This paper offers, instead, a third theory, drawing on neo-republican theory of domination. AD, I shall argue, concerns the offensive misuse of structural power, hence, it should be acknowledged as a hybrid of public and private wrong. This carries implications for the justification of criminalizing AD.