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"Gloppen, Siri"
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Conceptualizing Abortion Lawfare
Abstract Women's sexual and reproductive rights are politicized worldwide, with the most contentious right being the right to safe, legal abortion. In Latin America, where one stands on the issue of abortion has become a central identity marker; a salient issue in electoral mobilization, and a matter of coalition building and high politics. As a consequence, legalized contestation over abortion is raging across Latin America, and indeed much of the world. This article conceptualizes this as “abortion lawfare” and develops a framework for analyzing the complex dynamics and long-term, multi-sited strategies at play in the wars over abortion. The concept of lawfare – despite and, to some extent, because of its ideological uses and connotations – serves as a useful heuristic tool for grasping these dynamics, and the lawfare typology brings out the different facets of the phenomenon in terms of actors, strategies, and arenas and provides the basis for analyzing how, in any given context, actors face multiple and shifting opportunity structures. This, in turn, influences the strategies they pursue and what is achieved. Resumo Os direitos reprodutivos e sexuais das mulheres são politizados ao redor do mundo, e o direito ao aborto legal e seguro é o mais controverso. Na América Latina, o lugar que certa pessoa ocupa no debate sobre aborto se tornou um marcador central de identidade, uma questão importante na mobilização eleitoral e um elemento de construção de coalizões e de política. Como consequência, a contestação jurídica sobre aborto está ocorrendo em toda a América Latina e, na verdade, em grande parte do mundo. Este artigo conceitua isso como “abortion lawfare” e desenvolve uma abordagem para analisar a dinâmica complexa e as estratégias multilocalizadas de longo prazo em jogo nas guerras pelo aborto. O conceito de lawfare – apesar de e, em certa medida, por causa de seus usos e conotações ideológicas – serve como ferramenta heurística útil para compreender essas dinâmicas, e a tipologia de lawfare traz à tona as diferentes facetas do fenômeno em termos de atores, estratégias e arenas, além de fornecer a base para analisar como, em qualquer contexto, os atores enfrentam estruturas de oportunidades múltiplas e dinâmicas. Isso, por sua vez, influencia as estratégias que eles perseguem e os resultados que alcançam.
Journal Article
Difficult trade-offs in response to COVID-19: the case for open and inclusive decision making
We argue that deliberative decision making that is inclusive, transparent and accountable can contribute to more trustworthy and legitimate decisions on difficult ethical questions and political trade-offs during the pandemic and beyond.
Journal Article
Constitutionalising the Right to Water in Kenya and Slovenia: Domestic Drivers, Opportunity Structures, and Transnational Norm Entrepreneurs
The international norm development that in 2010 culminated with the UN Resolution on the Human Right to Water and Sanitation changed international law. To what extent did this influence the parallel legal developments evident in many national constitutions across the globe? This article analyses the mobilisation for a constitutional right to water and sanitation in Kenya and Slovenia, identifying the main national and transnational actors involved and assessing their significance for the processes of constitutionalising the right. By analysing two very different cases, tracing their constitutionalisation processes through analysis of archival material, the article provides multifaceted insights into processes of norm diffusion from international norm entrepreneurs to the national level and the agency of domestic actors and their opportunity structures. We find that although the outcomes of the processes in Kenya and Slovenia are similar in that both constitutions contain articles securing the right to water, the framing of the right differs. Furthermore, we conclude that while there is involvement of international actors in both cases, domestic pro-water activists and their normative and political opportunity structures are more important for understanding the successful constitutionalisation of the right to water and differences in the framing of the right.
Journal Article
Public participation in decisions about measures to manage the COVID-19 pandemic: a systematic review
BackgroundDuring the COVID-19 pandemic, governments and health authorities faced tough decisions about infection prevention and control measures such as social distancing, face masks and travel. Judgements underlying those decisions require democratic input, as well as expert input. The aim of this review is to inform decisions about how best to achieve public participation in decisions about public health and social interventions in the context of a pandemic or other public health emergencies.ObjectivesTo systematically review examples of public participation in decisions by governments and health authorities about how to control the COVID-19 pandemic.DesignWe searched Participedia and relevant databases in August 2022. Two authors reviewed titles and abstracts and one author screened publications promoted to full text. One author extracted data from included reports using a standard data-extraction form. A second author checked 10% of the extraction forms. We conducted a structured synthesis using framework analysis.ResultsWe included 24 reports (18 from Participedia). Most took place in high-income countries (n=23), involved ‘consulting’ the public (n=17) and involved public meetings (usually online). Two initiatives reported explicit support for critical thinking. 11 initiatives were formally evaluated (only three reported impacts). Many initiatives did not contribute to a decision, and 17 initiatives did not include any explicit decision-making criteria.ConclusionsDecisions about how to manage the COVID-19 pandemic affected nearly everyone. While public participation in those decisions had the potential to improve the quality of the judgements and decisions that were made, build trust, improve adherence and help ensure transparency and accountability, few examples of such initiatives have been reported and most of those have not been formally evaluated. Identified initiatives did point out potential good practices related to online engagement, crowdsourcing and addressing potential power imbalance. Future research should address improved reporting of initiatives, explicit decision-making criteria, support for critical thinking, engagement of marginalised groups and decision-makers and communication with the public.PROSPERO registration number358991.
Journal Article
Litigation as a Strategy to Hold Governments Accountable for Implementing the Right to Health
This article offers a framework for exploring litigation as a strategy to advance the right to health by holding governments accountable to human rights norms. Since the 1990s, cases in which people go to court to claim their right to health have increased dramatically in resource-poor countries. With issues ranging from access to health services and medication, to discriminatory labor practices, to public health, to the basic determinants of health (such as food, water, shelter, and a healthy environment), these cases potentially have huge financial and social implications. Little is known, however, about the success of such attempts to hold governments accountable for their obligations with respect to the right to health -- or about who benefits. Is litigation primarily used by marginalized persons to gain fair access to medical services, or is it more often a means by which those patients with more financial resources or creativity in seeking assistance pursue access to treatment that is not otherwise provided due to expense? To what extent does litigation affect health policy and service delivery? What little is known about these cases is fragmented and anecdotal. The theoretical framework outlined here facilitates the systematic comparative and interdisciplinary studies needed to advance knowledge in this field, taking account of the entire litigation and implementation process.
Journal Article
Human Rights-Based Approaches to Development: Concepts, Evidence, and Policy
This article aims to organize thinking around human rights-based approaches to development (HRBAs) and to review available empirical evidence regarding their benefits, risks, and limitations. We propose a typology distinguishing four types of rights-based approaches: global compliance based on international and regional treaties; human rights-based programming on the part of donors and governments; rights talk; and legal mobilization. The article briefly reviews the politics of the first three modalities before examining legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights-based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusions to each section lay out the key research questions regarding HRBAs.
Journal Article
Repensando desigualdades a partir de vozes do Sul
Você já aprendeu sobre desigualdade com intelectuais do Sul Global? Provavelmente não. Para preencher uma lacuna na literatura, apresentamos o dossiê especial \"Repensando desigualdades a partir de vozes do Sul\", resultado de uma forma colaborativa de fazer pesquisa. A partir de estudos de caso sobre Brasil, Colômbia, Equador, Índia, Quênia, México e Zimbábue, trazemos novas perspectivas para abordar diferentes tipos de desigualdade, a saber, social, de gênero, sexual, econômica e estrutural. A Rede Sul-Sul é um coletivo de acadêmicas e acadêmicos do Sul Global que objetiva construir estratégias para desafiar o ambiente desigual que faz parte da academia, e esse projeto é uma forma de fazer isso.
Journal Article
Rethinking Inequalities through Voices from the South
Have you ever learned about inequality from Global South intellectuals? Probably not. To fill a gap in the literature, the special issue \"Rethinking Inequalities through Voices from the South\" is a result of a collaborative way of doing research. From case studies about Brazil, Colombia, Ecuador, India, Kenya, Mexico, and Zimbabwe, we present new perspectives to address different types of inequality, i.e., social, gender, sexual, economic and structural. The South-South Network is a Global South scholars collective that aims to build strategies to challenge the unequal environment that is part of academia, and this project is one way of doing that.
Journal Article