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For page references to individual cases, legislation and treaties see the Tables of Cases and Legislation, Treaties, and Other Relevant Instruments, beginning on page 379 abortion access: and conscientious objection, 227–28; and discriminating stigmatization, 367–68; for the poor, 280–81, 282–85, 307– 8; relationship to laws, 4–5, 101–2, 105; threatened in procedural turn, 138 abortion counseling. See counseling regulations abortion funding: and abortion practice, 112; publicly funded health care, 47, 196, 254, 285; United States and Germany compared, 103. See also public health and public health care abortion methods: early medical abortion/ self-use (mifepristone/misoprostol), 110–11, 114, 192–99, 200–208; vacuum aspiration (mini-abortion), 59, 185, 219 abortion practice: background rules and, 112, 357; common reasons for abortion versus “innocent suffering,” 305; counseling regulations in practice, 102–3; delaying tactics, 180; discretion in, 121–22, 124, 132; illegal/ informal methods, 110–11 (see also maternal mortality and abortion); inspection of clinic (U.K.), 204; obstruction of lawful abortion, 126–27, 164, 173–77, 362–64; of poor and rich in Brazil, 261; and public health law research, 113–16; risks of childbirth versus abortion, 235–36; self-referral from public to private clinics, 215; as shaping formal rules, 110; and stigma, 359–60; study in Ghana, 184; underground by gynecologists, 138. See also maternal mortality and abortion; procedural turn in abortion rights; public health and public health care abortion rates, 84–85, 352 administrative procedures/law: accessibility of, 176–82, 184–86, 228; fight for, 151–56; as guidelines for practice, 107, 109, 168; lack of, 171, 174, 176, 309; refusal to follow, 234– 35; and stigma, 358. See also procedural turn in abortion rights adolescent girls and abortion: and abortion rights narratives, 8, 174–75, 304–5, 308–17, 320–22; agency and autonomy of, 31, 222– 23, 318–22; autonomy (parental consent), 104, 222–23, 318–19; with mental disabilities , 149, 156, 175–76, 311–12, 367–68; and prejudice and stigma, 354, 367–68; and regulating informal obstructive practices, 126–27, 154, 160–61 Africa: abortion rates in, 84; colonial penal codes (list of countries with), 170; historical development of abortion laws, 170–73, 186; maternal mortality rates, 169; procedural abortion rights, 5; reforming abortion laws and practice, 166–86; transparency requirements in abortion laws, 181–85. See also South Africa African Commission on Human and Peoples’ Rights, 173, 182 African Court on Human and Peoples’ Rights, 173, 182 African Union, 168, 171 Aktion 218 (Germany), 17 Alaíde Foppa (Mexico), 309 Alexy, Robert, 79, 89 I n d e x 460 Index Alfonsín, President Raúl, 143, 147 American paradigm. See under United States anencephalic pregnancy: birth rates, 262; and Brazilian abortion debate, 7, 258–78; Catholic arguments against abortion, 147, 247; and criminal ban on abortion, 83; definition, 7, 262; and denial of legal abortion, 174; diagnosis of, 264–65; and narrative of innocent suffering, 310–11; and therapeutic premature delivery, 265, 268–71. See also fetal malformation ; indications model of regulations Aquinas, Thomas, 254 arbitrary interference, protection against. See under procedural turn in abortion rights Argentina: and anencephalic pregnancy, 270– 71, 276; criminal code indications for abortion , 143; decriminalization of abortion, 148; delaying abortion tactics, 180; and emergency contraception, 219, 247; implementation of abortion laws, 173, 175–76, 308, 317; implementation of abortion laws, provincial court battles, 148–50; informal rules on abortion, 143–65; procedural abortion rights, 5, 160–64; question of prenatal life, 332; regulation of legal abortions, 151– 60; reproductive health legislation, 147–48 Aurélio, Justice Marco (Supreme Court, Brazil ), 263, 266–67, 269–70 Austria, 20, 39 Azuela, Justice (Supreme Court, Mexico), 338 background rules/law, 111–12, 356–60. See also functionalist approach to comparative abortion law balancing as a methodology. See competing/ balancing values under proportionality as a methodology ballot initiatives, 330, 344 Barroso, Luís Roberto, 258–78; overview of article, 6–7 Benedict XVI, 240 Bento, Father Luiz Antonio, 247 Bergallo, Paola, 143–65; overview of article, 5 Bernstein, Robin, 316 birth rates and abortion, 58–59. See also abortion rates Bonello, Judge (European Court of Human Rights), 136 Borrego Borrego, Judge (European Court of Human Rights), 129–30 Bratza, Judge Nicolas (European Court of Human Rights), 362 Brazil: anencephalic pregnancy and abortion debate, 7, 258–78; Catholic condemnation of legal abortion, 223, 247, 313–14; national protocol for abortions, 152; subsidies for women in place of rape exceptions, 242 Britain. See United Kingdom British Pregnancy...

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