Reproductive Rights and the Law

Author: Kerry O’Halloran
Publisher: Edward Elgar Publishing
ISBN: 9781035353163
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book examines reproductive rights and their complex interaction with the law and with society, exploring differing perspectives and placing these in their respective cultural, social and religious contexts.

Kerry O’Halloran explores the socially divisive question of abortion and, using examples from both developing and developed countries, considers how context determines the legal position. He also addresses a plethora of issues surrounding related reproductive rights including maternity care, IVF, adoption and surrogacy, genetic engineering, and establishing the reproductive rights of trans persons. In navigating all of these, O’Halloran reflects on fundamental questions such as where the public and private divide lies in exercising one’s right to autonomy, and how reproductive rights have contributed to the progression of gender parity. The book carefully identifies internationally established legal benchmarks with references to key principles, policies and case law, and explores future developments in reproductive health, such as the rights of men giving birth and pioneering ways of determining foetal sentience.

Reproductive Rights and the Law is an essential guide for scholars and students in health law, family law and legal theory. Its practical insights will also greatly benefit policymakers and practising lawyers, as well as healthcare professionals, social workers and NGOs.

PART I ORIGINS

Definitions, concepts, social constructs and legal framework

Feminism and female emancipation: an historical overview

PART II REPRODUCTIVE RIGHTS

Family planning: cultural context, poverty and State support

Maternity care and sterilisation

Artificial reproductive technology, IVF, and so on

Abortion

Surrogacy and adoption

PART III RELIGION, PROCREATION AND SEX/GENDER MATTERS

Re-working the gender construct

The culture wars, reproductive rights and religion