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Article
Morning-After Decisions: Legal Mobilization against Emergency Contraception in Chile
Michigan Journal of Gender & Law
  • Fernando Muñoz, Universidad Austral de Chile
Keywords [Optional]
  • Morning-after Pill,
  • Natural Law Constitutionalism,
  • Legal Mobilization
Abstract

In Chile, the Criminal Code bans all forms of abortion. Furthermore the Constitution, drafted and enacted by a Military Junta, is inspired by a conservative version of Catholic natural law that is kept alive by important Chilean constitutional law scholars. This is the background for this article, that traces the emergence, development, and ultimately the defeat of a persistent legal mobilization waged by natural law-inspired litigants, politicians, and scholars against levonorgestrel-based emergency contraception, also known as the morning-after pill. In their efforts at legal mobilization, these natural law litigants used in the course of a decade every single possibility that the legal system offered to object to the legality and the constitutionality of the morning-after pill. This case of legal mobilization shows both the strengths and the weaknesses of conservative political and religious networks in Latin America, and serves to observe the potential and limitations of litigation-lead policymaking in civil law countries.

Citation Information
Fernando Muñoz. "Morning-After Decisions: Legal Mobilization against Emergency Contraception in Chile"
Available at: http://works.bepress.com/fernandomunoz/24/