Author: Sara De Vido

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Laura Cahillane

and 128 in the Constitution of Czechoslovakia, Article 109 in the Constitution of the German Reich, Article 7 in the Constitution of the Republic of Austria. 61 Article 4. 62 See Thomas Mohr, ‘The Rights of Women under the Constitution of the Irish Free State’ (2006) 41 Irish Jurist 20, 24. 63 Ibid., 35. 60 92 Themes and influences above, it is surprising and disappointing that the general equality guarantee failed to survive the final document. Religion and the Church One notable absence from the list of influences is the Roman Catholic Church. This is

in Drafting the Irish Free State Constitution
Margaret Brazier and Emma Cave

degree of suffering or disability justifies a premature release effected by us. Yet even so there remain grey areas in the application of belief that life is sacred. Abortion is banned because the only intent of that operation is to kill the child. The Roman Catholic Church forbids abortion even when pregnancy threatens the woman’s life. However, a pregnant woman with cancer of the womb may be allowed a hysterectomy, albeit that the child will then die. This is called the doctrine of double effect. The operation for cancer incidentally destroys the child but

in Medicine, patients and the law (sixth edition)
Abstract only
Laura Cahillane

demonstrate his idea in relation to functional representation.131 Although the scheme may have had various different sources of inspiration, the strength of the idea can be seen in each of the three Drafts and it was evidently felt that this device would satisfy a number of different interests including the Southern Unionists (because it would help to limit the powers of central government and encourage the involvement of the councils in governance), those with socialist ideals, the Trade Unions and the Catholic Church. Select Constitutions of the World, 238–9. See

in Drafting the Irish Free State Constitution
Margaret Brazier and Emma Cave

, accessible at www.hfea.gov.uk/fertility-clinics-success-rates.html 34 See M Brazier, ‘Regulating the Reproduction Business?’ (1999) 7 Medical Law Review 166. 35 See (2003) Guardian 16 January. And see Attorney General’s Reference (No 2 of 2003) [2004] EWCA Crim 785. 36 [2003] 1 FLR 1091. 37 www.dailymail.co.uk/health/article-144788/IVF-embryo-mix-up.html 38 Re E and F [2013] EWHC 1418. 39 IVF is still opposed by the Roman Catholic Church on the grounds that it separates the conjugal act and the creation of a child: see E. Jackson, Medical Law: Text

in Medicine, patients and the law (sixth edition)
Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

Catholic Church,273 and traditions. According to a study published in 2013 by the UN Department of Economic and Social Affairs, 97 per cent of governments permit abortion to save a woman’s life; two-thirds of countries permit abortion when the physical or mental health of the mother is endangered, but only half of the countries surveyed do so when the pregnancy results from rape or incest or in cases of foetal impairment.274 Only about one-third of countries permit abortion for economic or social reasons or on request. On one hand, we can find countries such as Sweden

in Violence against women’s health in international law