Women's Health and the Limits of Law: Domestic and International Perspectives, 1st Edition (Hardback) book cover

Women's Health and the Limits of Law

Domestic and International Perspectives, 1st Edition

Edited by Irehobhude O. Iyioha


344 pages

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Hardback: 9781138549647
pub: 2019-10-21
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Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates, and policy-makers working in women’s health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly


"The authors of this edited volume are to be congratulated for insightfully addressing the complex challenges of translating well-intended laws and policies on women’s health into effective outcomes."

Rebecca J. Cook, Professor of Law Emerita, University of Toronto, Canada

"Women's Health and the Limits of Law: Domestic and International Perspectives is an important book. Dr. Iyioha (ed.) and the book’s contributors provide a critical analysis of the promise of, and limits to, the role of law in furthering women’s health. This thoughtful and provocative book will be of interest to scholars, policy-makers, and advocates who are concerned with women’s health, human rights, feminist jurisprudence, intersectionality, and global perspectives on health."

Mary Anne Bobinski, Professor, Allard School of Law, University of British Columbia, Vancouver, Canada

Table of Contents

  1. Introduction
  2. Within and Beyond the Hedge: Form, Substance and the Limit of Laws on Women’s Health

    Irehobhude O. Iyioha

  3. Law, Normative Limits and Women’s Health: Towards a Jurisprudence of Substantive Effectiveness
  4. Irehobhude O. Iyioha

  5. On Feminism, Morality and Human Rights: Assessing the Effectiveness of United Kingdom’s FGMAct
  6. Jenaye M. Lewis, Irehobhude O. Iyioha and Dexter Dias

  7. Abortion Law in China: Disempowering Women under the Liberal Regulatory Model
  8. Wei Wei Cao

  9. Forced Sterilizations: Addressing the Limitations of International Rights Adjudication through an Intersectional Approach
  10. Charlotte Skeet

  11. Tilted Interpretations: Reproductive Health Law and Practice in the Philippines
  12. Amparita Sta Maria

  13. Economics and the Limits of Law: An International Analysis of Persistent Gaps in Women’s Reproductive Health
  14. Karen A. Grépin, Jeni Klugman and Matthew Moore

  15. Indigenous Feminist Legal Theory: A Multi-Juridical Analysis of the Limits of Law for Indigenous Women Living with HIV in Canada
  16. Emily Snyder

  17. Domestication and Reception of International Reproductive Health Law and the Limits of Law: Perspectives from Nigeria and South Africa
  18. Babafemi Odunsi and Oluwayemisi Adewole

  19. On the Margins of Law: Examining the Limits of Legislative Initiatives on Maternal Mortality in South Africa and Nigeria

Arooj Shah, Toyin Akintola, and Irehobhude O. Iyioha

About the Editor

Irehobhude O. Iyioha (LL.B., LL.M., BL., Ph.D.) is a lawyer and Associate Professor (adj) at the Dossetor Centre, Faculty of Medicine and Dentistry, University of Alberta. She has held professorial and teaching positions at the Faculties of Law at Western University, the University of British Columbia, and the University of Alberta, Canada, and has a decade of experience teaching and researching in her fields of interest.

About the Series

Routledge Research in Human Rights Law

This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / Administrative Law & Regulatory Practice
LAW / Civil Rights
LAW / Comparative
LAW / Constitutional
LAW / Gender & the Law
LAW / Health
LAW / International
LAW / Public
LAW / Medical Law & Legislation
LAW / Science & Technology
POLITICAL SCIENCE / Political Freedom & Security / Human Rights
SOCIAL SCIENCE / Women's Studies
SOCIAL SCIENCE / Gender Studies