Thesis Abstracts

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2025.

Adolescent pregnancy remains a pressing public health and human rights issue in Latin America, which reports one of the highest adolescent fertility rates globally. While abortion access is a key tool to address unintended pregnancies—and the WHO emphasizes placing reproductive autonomy at the center of adolescent health policies—many countries in the region impose mandatory parental consent requirements that undermine adolescents’ autonomy and delay access to care. Unlike criminal bans, these procedural barriers have received limited scholarly attention. This thesis examines how law constructs adolescent autonomy in abortion access, using the Argentine model as a case study. Through a feminist legal methodology grounded in the “adolescent girl question,” it argues that Argentine law reflects a dual conception of autonomy—progressive and relational—that affirms adolescents as evolving, situated rights-holders. It concludes that Argentina’s model offers a replicable, rights-based framework aligned with the Convention on the Rights of the Child.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2015

Obstetric Violence is a pervasive phenomenon that affects women’s maternal health worldwide. It has been recognized by the WHO that abusive and disrespectful treatment in facility-based childbirth is a contributing factor in maternal and infant mortality, and the global community has adopted steps in attempting to identify and eliminate all forms of obstetric violence. Within Latin America, Argentina has taken proactive measures legislating the proscription of obstetric violence. This thesis seeks to examine the development of the concept of Obstetric Violence in Argentina, its organic evolution from internal medical regulations and guidelines to national legislation. The thesis will also track evidence about the degrees of success that Obstetric Violence definition, assessment and regulation have had in preventing violations of women’s rights—both on a practical level and in the legal redress of these rights through tort claims.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2015

This thesis offers a gender variant perspective on Anti-Discrimination legislation and litigation. Using queer theory, feminist legal theory and critical race theory, this thesis analyzes current debates within the trans movement regarding the use of rights based litigation and the fight for inclusion. I argue that gender variant people’s exclusion from resources and opportunities is inextricably linked, legally and affectively, to gender performance. I will show how performative aspects of the law can be brought forward by applying an “intrasectional” analysis of the protected classes relating to gender variant people within anti-discrimination law and litigation (ADL), and set the stage for the claim that ADL more broadly is intertwined with performativity. Reading the notion of performativity into legal analysis, this thesis suggests the possibility of strategic use of the existing legal rights as an instrument for change.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2015

This dissertation explores the issue of sexuality education through the lens of international human right obligations and policy commitments, with a focus on the Paraguayan context. It identifies relevant international human rights instruments and international policy commitments related to sexuality education, and explores their legal and political value. Making use of human rights analytical frameworks, it elaborates on Paraguay’s concrete obligations with regards to sexuality education. It argues that standards reveal a clear link between sexuality education and adolescents’ enjoyment of the enjoyment of their fundamental rights. Taking a substantive equality framework, it argues that the lack of sexuality education policies have a disproportionate effect on certain groups. And concludes by offering concrete standards for the implementation of sexuality education policies.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2011

Maternal mortality in Kyrgyzstan is a discrimination of women not only based on sex, but also on rural/urban setting. Rural women are most likely to die of haemorrhage than urban women in Kyrgyzstan. Postpartum haemorrhage constitutes 45 per cent of all maternal deaths in Kyrgyzstan. This work concentrates on the obligations of Kyrgyzstan under articles 12 and 14.b of the Convention on Elimination of all Forms of Discrimination against Women (CEDAW). The work analyses the nature and scope of state obligations under respective articles. Kyrgyzstan has obligations to respect, protect and fulfill rural women’s human rights to address discriminations against rural women, provide appropriate health services and ensure availability and accessibility of misoprostol to rural women. Misoprostol is more suitable to the conditions of rural area than traditionally used oxytocin. Therefore, the availability and accessibility of rural women to misoprostol will prevent avoidable maternal deaths in haemorrhage.  

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2010

A large body of jurisprudence has developed in Canada criminalizing the conduct of HIV positive persons who transmit or expose others to the HIV infection in an equivocal attempt to be seen to be doing something about individuals who are perceived to be driving the HIV epidemic. Convictions have been obtained for charges ranging from aggravated assault to, most recently, murder. The Cuerrier judgement, a landmark decision of the Supreme Court of Canada, left a number of issues unresolved. Given the ambiguities in the decision, this Thesis will address the unfortunate consequences resulting from the Cuerrier’s decision. In particular, I will argue that while criminalization of non-disclosure may seem logical to many, at the same time it carries a significant public health consequences. The conclusion I will attempt to reach is that criminalization is an inadequate strategy to prevent further HIV infection, its increased use in practice is misguided, and counterproductive to public health goals, thus alternatives to the routine criminalization of HIV transmission that may enhance the goals of public health should be considered.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2009

This thesis seeks to adapt Scott Burris, Ichiro Kawachi and Austin Sarat’s theory of law as a social determinant of ill-health to the context of unsafe abortion in Argentina. Using Burris et al.’s model of law as a pathway along which social determinants contribute to ill-health, and as a shaper of those determinants as well, this thesis postulates that the law and its application contribute to abortion-related morbidity and mortality among those women who qualify for a legal and safe abortion according to the justifications stipulated in the Criminal Code. This thesis proposes a circular model in order to show how the application of the law, through courts’ rulings, contributes to unsafe abortion. On the one hand, Argentine law acts as a pathway along which inequity in socioeconomic status exposes certain women to pathogenic practices, such as self-induced abortions. On the other hand, the law acts as a shaper of socioeconomic status as it perpetuates gender stereotypes, constructing a normative world where sex-role stereotypes are naturalized, and having an impact in women’s lack of access to legal and safe abortions.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2009

This thesis examines Doe v. Canada, a case brought before the Ontario Court of Appeals with the purpose to declare that the definition of “assisted conception” set forth by the respective regulations discriminated against lesbian women. The regulatory framework of assisted conception is embedded with heteronormativity, heterosexism and an over-medicalization of reproduction. The traditional liberal conception of rights, embedded in the Court’s decision, did not allowed lesbian women to have access to assisted conception free from barriers that other women, seeking insemination with semen donated by their spouse or sexual partner, do not have to endure. However, If we shift our perspective of rights from a liberal view to a relational approach, we will be able consider such decisions from a perspective that takes into account not only the physical health implications of the use of this technology, but also all other social, psychological and contextual relevant factors.
 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2009

Within the Surinamese jurisdiction the Constitution grants women the right to health and imposes a legal duty on the state to facilitate the realization of this right. Also treaty law, in particular, the ICESCR article 12 and the CEDAW article 12 grant women the right to the highest attainable standard of health and the right to non-discriminatory access to healthcare. But due to the criminal law applicable to abortion women lack non-discriminatory access to reproductive healthcare and therefore do not enjoy the highest attainable standard of pregnancy related health. Despite its decision not to enforce the abortion prohibiting criminal laws, Suriname remains in a state of failure to comply with its legal duties as imposed by the Constitution and treaty law. This, due to the state’s reluctance to repeal the criminal laws on abortion and its failure to enact effective health regulations to facilitate women in need of an abortion.Back to Top 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2008

This thesis introduces and develops the idea of "secular spaces."  It proposes a role for the courts in protecting such spaces, and supporting core values behind secularism, rather than engaging in mechanical line-drawing exercises between state and church, the secular and the religious. This idea of secular space is not premised on a complete disentanglement of secular and religious realms but rather builds on the idea of a social space benefiting from state protection as well as from non-intervention. It is a contested and an overlapping space but one which can allow the courts a more meaningful vantage point from which to exercise their role in promoting the values behind secularism and secular state practices. Because the issue of abortion in the Philippines spans both spheres, public/private and secular/religious, the courts need to consider a broader approach in their judgments, one that remains attentive to the Constitutional framework of both religious freedom and women's human rights. The challenge here is to view the issue of abortion and the resulting rights contest not solely or primarily as a competition for legitimacy in which all debates, even the ethical, can and ought to be settled with finality before the courts of law.Back to Top 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2008

The determinants of citizenship seemingly have little or no relevance to the sexuality of the citizen. However when it comes to the matter of exercising citizenship rights, sexuality acquires great significance ­ where the normative subject of citizenship is the heterosexual citizen. Ideas of citizenship are predicated on hegemonic heterosexuality. Based on this understanding this paper attempts to map how the lives of the sexually marginalized in India, who I refer to as the sexual ‘anti-citizen’, are regulated and disciplined through the dual operation of criminal law and heteronormativity. Drawing from the influential works of French philosopher Michel Foucault and American anthropologist Gayle Rubin the paper argues how the anti-sodomy law in India ­ Sec. 377 of the Indian Penal Code that criminalizes ‘unnatural offences’ ­  operates through a ‘panoptic’ model that results in creating ‘sexual hierarchies’, acutely disenfranchising sexual ‘anti-citizens’ from guarantees to basic rights and freedoms. The paper looks at how the Foucaultian idea of ‘panopticism’ operates to locate the anti-citizen in certain kinds of deviant spaces, and how law works to make criminal these spaces, as well as the bodies that inhabit them. With this I connect how this differential treatment by the law towards ‘citizens-of-a-different-kind’ receives sanction through the ways in which the Constitutional principles of equality and non-discrimination are interpreted by courts. The process is effected through the means of ‘making same’ ­ a criteria on the basis of which constitutional equality is guaranteed. The paper looks at the creation of ‘sexual hierarchies’ (developed by Rubin) through the operation of ‘panopticism’, which make offenders out of certain citizens, not just because of what they can do, but also merely because of what they are ­ and then map how the law criminalizes such ‘status offenders’ and understand the legal strategies employed by the anti-citizen to counter the violence of the law.Back to Top 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2007

This thesis sets forth the interests and conflicts involved in the current Chilean law on statutory rape. Through a thorough investigation of the conceptualization, implementation, and current life of this legislation, the possible effects of the Chilean case on adolescents' rights is investigated and evaluated.
Examining the development of this law and its related policy, and if their consequences conflict with the Chilean Constitution or international and regional human rights conventions allows us to evaluate the merits, utility, and potential problems of such legislation.  A detailed investigation of the social, legal, and health data available, as well as the concrete liability implications reveals that the policy which implements the Chilean statutory rape provision is in violation with domestic and international human rights law. In conclusion, recommendations are presented to deal with the effects of the implementation, as well as to modify the legislation to uphold adolescents' human rights.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2007

This paper focuses on the impact of the judicial interpretation of the Repugnancy Doctrine on the human rights of Nigerian women. It examines the origin of the Doctrine and how it has been used by courts to determine when a customary law is enforceable. The paper argues that incorrect interpretations of the Doctrine have caused the courts to uphold customary
laws that require the exclusion of women from property inheritance rights. The social, economic and health harms of these exclusions are identified and the argument is made that these harms result in the violation of the human rights of Nigerian women and other vulnerable groups such as children.  The paper recognizes the importance of culture in the lives of Nigerians. Accordingly, the argument is made that the Doctrine must be re-conceived in a manner that allows the courts to engage with customary laws respectfully while upholding human rights norms.Back to

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2007

This thesis analyzes the interpretation of Brazil's criminal law provision regarding "risk to life" as it is applied in cases of anencephaly. Relying on the constitutional and international women's rights framework, I argue that the criminal law provision regarding risk to life should be interpreted in accordance with the fundamental rights set forth in the Brazilian Constitution. The constitutional interpretation of the criminal provision on risk to life allows physicians to perform abortion in case of anencephaly without judicial authorization.  Particularly, this understanding extends the meaning of risk to life in a integrative approach that gives effect to women's fundamental rights and international human's rights law. I believe that this perspective is strategic to overcome the unfair situation resulting from the understanding that women need to seek judicial authorization to have abortion in cases of anencephaly.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2006

In India, the use of reproductive technologies for the purpose of male preference sex selection is a manifestation of strong patriarchal norms that perpetuate son preference. Under the confluence of ‘son preference’ and ‘population control policies’, sex selection has come to be viewed as the most appropriate method of family balancing. In the context of widespread social acceptance for sex selection, this paper argues that the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 criminalizing sex selection, does not provide an effective remedy to root out sex selection.  Criminal prohibition just amounts to suppressing the symptom without addressing the underlying problem. So long as the underlying problem remains, the symptom will persist. The paper explores the ineffectiveness of the criminal law based legislative approach to curb sex selection on the basis of social anthropological and criminal law theory that explains patterns of non-compliance with laws that are considered antagonistic to prevailing social norms.Back to Top 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2006

In 2002, abortion has been legalized under certain circumstances in Nepal. However, Nepalese women are still deprived of the legal and safe abortion services. By developing a framework on reasonable access to abortion services, this study basically explores on what is expected out of any state machineries to guarantee women’s right to abortion.  It will further examine the Nepalese government’s obligation under national laws and international human rights instruments to ensure reasonable access to abortion services, and argues that by being unable to do so Nepal violates women’s human rights. Finally, the study put forward recommendations to the Nepalese government for ensuring reasonable access to abortion services to Nepalese women.Back to Top

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2006

This thesis explores the issue of conscientious objection invoked by pharmacists and its impact on women’s access to reproductive and sexual health care services. The right to conscientious objection has been recognized by several international and European experts as being derived from a right to freedom of religion, thought and belief. It is not, however, an absolute right. When its exercise is in conflict with other human rights and fundamental freedoms, a fair balance must be struck between a right to conscientious objection and other affected human rights and fundamental freedoms.  Particularly in the reproductive health care context, states that allow for conscientious refusals must accommodate conscientious objection in such a way that its exercise does not compromise women’s access to these procedures. This analysis of Pichon and Sajous v. France suggests a balanced approach that could be applied in conscientious objection cases involving reproductive health care. Back to Top 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2005

Overseas employment predisposes migrant workers to discrimination and exploitation. The women are especially vulnerable to abuses, especially the entertainers and domestic workers. Currently, there is a slow but steady increase of HIV/AIDS infection among migrant workers. In its country report to the Committee on the Elimination of Discrimination Against Women, the Philippines has stated that HIV/AIDS prevalence in women was highest with the 19-29 age groups; and that most of them are in prostitution, although there are also cases found in overseas domestic workers.
This thesis examines the HIV/AIDS education implemented by the government as its solution to protecting departing migrant workers from vulnerability to the disease. Analyzing the legal and policy frameworks and its implementing program, the thesis concludes with recommendations on how best to ensure that the information acquired by the women migrant workers translates into behavior that would effectively reduce the risk of their vulnerability to HIV/AIDS.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2005

In this thesis, I analyse the statutory defence regime for abortion in Mexico in general and the statutory defence of health risks in particular.  Relying on the constitutional and human rights frameworks, I argue that the legislative incorporation of every statutory defence is a consequence of the Mexican State’s obligation to protect and respect women’s fundamental rights. I analyze the statutory defence of health risks in a way that offers guidance to physicians performing risk assessments in a manner that respects and gives effect to the rights of women that are involved in this defence, particularly the constitutional right to health protection and the human right to health. I understand this approach as a strategy to overcome the unfairness resulting from the varying interpretation and operation of the exceptions to the criminal prohibition of abortion.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2005

The ability to decide whether, when and how many children to have is central to women's lives. This investigation explores conscientious objection in reproductive health care in Latin America and how this issue could become an obstacle to women's right to health -and even jeopardize their safety and lives.Back to Top 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2005

In this thesis, the author analyses legal challenges brought before courts in Chile and Argentina in which the challengers allege that emergency contraception is abortifacient and therefore a violation of the constitutional right to life of the unborn.   Demonstrating that these courts have focused on a determination of when life begins, as opposed to when life should be legally protected, the author argues that they have based their rulings on Catholic doctrine rather than on scientific evidence.  She contrasts these approaches with those taken in similar cases by courts in the United Kingdom, Spain and in international human rights decisions. The author argues that by enforcing religious norms, these courts are jeopardizing the principle of secularity that is fundamental to democracy. Most importantly, the author demonstrates that these courts have violated women’s constitutional rights by ignoring women’s rights, concerns and needs, thereby frustrating women’s attempts to achieve equality. The author concludes with guidance for judges regarding appropriate reasoning in these cases.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2005

This thesis presents an analysis on the role of the courts and how the courts in Nigeria can improve adolescent girls’ access to reproductive and sexual health services.  It argues that the present poor state of adolescent girl’s reproductive and sexual health stems from discrimination in access to reproductive and sexual health services.  It further argues that courts in Nigeria through national and international legal instruments on adolescent rights can give domestic effect to those laws and international legal norms, guaranteeing adolescent girls' access to reproductive and sexual health services.  Finally, it examines how courts in other jurisdictions have achieved this through case law decisions and interpretation and argues that courts in Nigeria can also explore those avenues to improve adolescent girls' reproductive and sexual health in Nigeria.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2005

This thesis presents a view on how the military forces should control HIV/AIDS infection.  While the focus is Nigeria, the views canvassed apply to the military globally because of similarity in the nature of military forces and HIV/AIDS being a universal phenomenon. 
With unsafe heterosexual behaviors being the major cause of HIV/AIDS in the military, change in the behaviors of soldiers is an effective means of control.  Because the military as a body largely relies on coercion and sanctions to control its personnel, "tough military measures" may seem the natural means to attain the proper behavior. 
I argue, however, that safeguarding the human rights of soldiers is a better way of achieving that goal.  I further contend that any military policy on HIV/AIDS that fails to protect the human rights of military personnel will not be effective in controlling HIV/AIDS.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2002

This thesis aims to assess the situation of maternal mortality in Brazil using a human rights approach.  The Brazilian Constitution establishes motherhood as a social right.  In addition, the Brazilian state is part of human rights treaties that can be applied to address maternal mortality.  However, maternal mortality rates have remained practically stable in Brazil for the last fifteen years.  This is a result of the state’s systematic omission to prevent and remedy avoidable maternal mortality in the 98% of the cases that are preventable.  Moreover, the paper argues that the state should take appropriate measures to ensure women’s equal access to health care and protect the human right of women to be free from avoidable maternal death.  It recommends that the state should enforce relevant legislation and policies, enact new legislation to foster accountability to prevent and remedy avoidable cases of maternal death, and promote visibility and social awareness of the problem.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2002

The thesis argues that enforcement of patients’ rights provisions is a more effective mechanism to protect human rights concerning maternal health than direct application of international human rights law in Hungary. The patients’ rights law can be used to clarify the obligations of the state to protect and respect maternity rights of women.  The study includes analyses of the international human rights documents specific to women’s health, the Constitution of Hungary, and the Hungarian Health Care Act with special attention to its Patients’ Rights Chapter. 

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2002

The thesis endeavours to place safe motherhood in a human rights framework and to consider the questions that such a framework raises about governmental accountability and action for the reproductive health of minority women, with special attention to the position of Roma women in Bulgaria. It specifically argues that the right to equality is the basis of ensuring safe motherhood for Roma women and that the government must act to eliminate the intersection of race and gender discrimination in the reproductive health sector. The current Bulgarian approach to equality is a formal one which fails to protect the most vulnerable groups in the society, including Roma women, who do not fit the dominant model. In this respect, the thesis proposes introduction of a comprehensive reproductive health policy in Bulgaria, which has to be built upon the substantive equality concept that takes into account the “right” to safe motherhood of Roma women.

Doctoral Thesis
Graduate Department of the Faculty of Law,
University of Toronto, 2002

The thesis explores socio-legal and human rights dimensions of the age-old problem of child marriage in India. Using social science data, the thesis documents the problem’s extent in India and critically analyses how the patriarchal social structure supports the practice of marrying off young girls in the name of culture and tradition by suppressing women’s life experiences.  Child marriage adversely affects health, particularly the reproductive health of young girls; it denies them the right to education and development, keeping them in a state of servility for life.  The law enacted in 1929 to regulate the age of marriage remains largely unimplemented, partly because of its many substantive and procedural lacunae, as well as contradictions between it and religion-based marriage laws, guardianship laws, and the rape law.  Moreover, the judiciary has not interpreted these laws dynamically, with the result that millions of girls are married off when they are young. 
The thesis argues that the young girls are discriminated against by the law, culture and society versus their counterparts on the basis of sex, gender and age when they are married off before they attain the legal age.  The thesis argues that child marriage is a form of slavery.  It analyzes how the practice of child marriage violates human rights that the Indian State is obligated to remedy.  It suggests several strategies at national and international levels that would help prevent child marriages in future and in turn would provide opportunities for those girls to live in dignity.  The human rights approach adopted in this thesis attempts to offer a pragmatic and holistic solution to the severe social problems associated with child marriage in India.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2002

Although highly restricted under Nigerian laws, abortions take place in Nigeria in large numbers, mainly under unsafe conditions.  The thesis first outlines the abortion laws in the Nigerian criminal jurisprudence, gives the social science data of maternal mortality and morbidity, and defines some basic concepts that form a recurrent theme in the thesis. It then discusses the relationship of law, morality, religion, liberty and freedom vis-à-vis abortion.  Next, it construes abortion as a human rights issue, arguing that the denial of access to abortion services to women, especially rape victims, is discriminatory and as such contrary to international human rights conventions ratified by Nigeria.  Also included is a comparative analysis of the statutory and case laws of other jurisdictions, and closing recommendations geared toward liberalization of the abortion laws in Nigeria.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2001

Determining the right balance between public health interests and personal liberties is an extremely complicated call for any government in the world. Despite the twenty years recognition of HIV/AIDS, this balance is not yet found. The issue strongly emerges, especially with regard to women, for two main but conflicting reasons: states’ interest in public health and human life, and rights of women. The conflict becomes more distinct with the availability of new treatment that is said to normalize HIV and turn it into “just another disease.” This thesis re-affirms the necessity of unique treatment of the disease, and takes on an approach known as “HIV/AIDS exceptionalism”. It looks into arguments for and against coercive testing of pregnant women for HIV, weighing each of them against possible public health outcomes and burdens on women’s rights. The thesis concludes that the policies of mandatory testing of women are undesirable as they would further discriminate against women and deter them from seeking treatment.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2001

With an estimated 4.7 million—or approximately one-in-nine—people living with HIV/AIDS, South Africa is in crisis. Understanding that the country’s ability to turn the tide against the epidemic in large part hinges on whether the majority of people with HIV/AIDS will have access to treatment, this thesis explores the extent of regulatory flexibility permissible under the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It argues that despite the international harmonization of intellectual property law, countries like South Africa are permitted by TRIPS to take certain regulatory steps to ensure the accessibility of essential treatments. When properly interpreted in accordance with recognized principles of international law and in the light of the Constitution of the Republic of South Africa, 1996, TRIPS does not prevent—but rather contemplates and permits—the taking of certain legal steps to ensure meaningful reductions in drug prices.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2001

Trafficking of girls into prostitution is a global problem, and has been destroying the lives of thousands of innocent victims, resulting in physical and mental violence and various kinds of diseases. Trafficking violates the human rights of the victims, many of which rights are non-derogable under any circumstances. Nepalese girls trafficked into prostitution are a group of victims who have been sent into brothels in India, in large number every year, because of the grim socio-legal discrimination that prevails at home. The apathy, neglect and discrimination concerning this problem practiced by the states (Nepal and India), including among the judiciary, have further increased suffering of the victims. This thesis argues that, as parties to the various international human rights conventions, it is the responsibility of Nepal and India to fulfill their commitments by making their national laws effective to prevent trafficking and protect the human rights of victims without any discrimination.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2001

Women have been taking resort to abortion throughout the ages. However, even today, stringent abortion laws and/or hurdles in access to safe and affordable abortion services that violate their reproductive and sexual rights have led many women to employ unsafe abortion practices, resulting in high maternal mortality rates and life-long complications. This thesis looks into the problem of unsafe abortion in Nepal that has resulted from Nepal’s stringent anti-abortion law, which has affected the health and lives of women and violated their rights. The thesis argues that the government of Nepal is under an obligation to end the continuing violation of women’s reproductive and sexual rights, change its present stringent law relating to abortion to accord with its obligations under national and international law, and provide access to safe and affordable abortion services to all women without discrimination.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2001

The high rate of maternal mortality due to unsafe abortion in developing countries calls for great concern in national and international arenas. This thesis discusses how the right of privacy and the right to life are interpreted under international law. Taking Eritrea as a case study, the thesis analyses the philosophical and practical interpretation of these rights in relation to some social aspects of Eritrean life. Given the communal life of Eritrean society and the practice of international human rights bodies, the right to life is more pertinent than the right of privacy in tackling the tragedies of unsafe abortion. Despite its historical background of narrow analysis, the right to life has recently become broadly interpreted to protect women who are vulnerable to fatal unsafe abortion practices. States have a duty under international law to reduce economic, social, legal, and other factors that force women to resort to unsafe abortion. Accordingly, the central objective of the thesis is to show the indispensability of utilizing the right to life to avoid the consequences of unsafe abortion in developing countries.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2000

Sterilisation is one of the safest, most effective and most widely used methods of family planning in the world. However, it is illegal and inaccessible in Poland. This thesis argues that there are certain harms imposed by the anti-sterilisation policy in Poland, and that they amount to a violation of human rights. It argues that limiting access to a comprehensive range of contraceptive options is harmful for reproductive and sexual well-being. Certain concerns associated with contraceptive sterilisation (e.g. fear of abuse or post-sterilisation regret) would be addressed more appropriately by less restrictive measures that respect rights of individuals and better respond to their needs. I argue that an array of contraceptive options that is as comprehensive as medical technology and modern health policy will allow is a necessary component of equality for women. As such, sterilisation policy should be part of a comprehensive reproductive health policy, which should be built upon principles of equality and public health rather than on moralities, myths and popular misconceptions about people’s capacity to control fertility.

Thesis submitted for the degree of Master of Laws,
Graduate Department of the Faculty of Law,
University of Toronto, 2000

This thesis analyses the importance of human rights in the context of the AIDS pandemic, specifically addressing medical treatment for HIV/AIDS as fundamental to the exercise of the right to health and the right to life. The two are so interconnected that a meaningful analysis of one must include the other. The thesis analyses the Venezuelan Supreme Court decision in the 1999 Bermudez, et al. v. Ministry of Health. The thesis argued that, in that case, since the State did not provide treatment for those with HIV/AIDS, it was violating individuals’ right to health and their right to life. Although the right to health is enshrined in the Venezuelan Constitution and in international treaties, the enabling social, economic and legal conditions necessary for the exercise of this right are often missing. In conclusion, even though international human rights law has become an effective set of rules on which to base national and international public health strategies towards AIDS, the right to health remains unprotected, especially in the developing world.