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Emergency Contraception, Abortion and Evidence-Based Law
Articles, Book Chapters, & Popular Press
  • Rebecca J Cook, University of Toronto, Faculty of Law
  • Bernard M Dickens, University of Toronto, Faculty of Law
  • Joanna Erdman, Dalhousie University Schulich School of Law
Document Type
Article
Publication Date
1-1-2006
Keywords
  • Reproductive Choice,
  • Evidence-Based Law,
  • Emergency Contraception,
  • Abortion,
  • Expert Witnesses,
  • Levonorgestrel,
  • Miscarriage,
  • Legal Interpretation
Abstract

Courts and legal tribunals increasingly decline to serve as religious or moral guardians, and require social evidence to support litigants' claims. Recent cases on emergency contraception and abortion are examined to show how judicial interpretations can take account of evidence of the impact that different understandings of the law will have for how ordinary people can plan their lives and reproductive choices. In an emergency contraception case, an interpretation was rejected that would have criminalized choices that millions of decent, law-abiding physicians, pharmacists and women routinely make. In an abortion case, three judges unanimously rejected a government ministry's defence of compliance with the law because the ministry had failed to investigate the needs within its jurisdiction for legal clarity, lawful services, and its responsibility to women returning from having lawful procedures elsewhere. In both cases, litigants prevailed who showed factual evidence that their claims better promoted reproductive health and choice.

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https://doi.org/10.1016/j.ijgo.2006.01.011

© 2006 International Federation of Gynecology and Obstetrics

Citation Information
Rebecca Cook, Bernard Dickens, & Joanna Erdman, "Emergency Contraception, Abortion and Evidence-Based Law" (2006) 93:2 Intl J Gynecology & Obstetrics 191.