International Sexual and Reproductive Rights Lawfare
Across the globe, we see an increasing polarization and judicialization of sexual and reproductive rights (SRR), with actors on different sides bringing their cases before domestic and international courts and treaty bodies as part of a strategy for advancing their political ends. Due to the morally charged and politically divisive nature of abortion, same sex marriage, and other SRR issues, and the ambiguous role of rights in these disputes, this lawfare poses particular challenges for the legitimacy of domestic courts and, now, international human rights bodies. These are issues where adjudication, regardless of the outcome, plays into heated social and political debates, where the meaning and content of rights (such as the right to life or marriage) is deeply contested and the liberal western human rights framework is explicitly challenged.
This book project sets out to better understand the causes, function, impact and legitimacy of international adjudication as an emerging site of struggle over sexual and reproductive rights.