论故意伤害胎儿行为的刑法性质

对于故意伤害胎儿导致胎儿出生后死亡或者出生后患有严重精神疾病以及器官功能障碍病症的行为。学界历来存在“有罪谈”和“无罪说”的对立；不应该将《刑法》第234条规定的“他人”解释为包括胎儿在内；故意伤害胎儿的行为也不能认定为是对出生后的婴儿的伤害；故意伤害胎儿行为的本质是对母体的伤害，故意伤害胎儿造成妇女流产、导致胎儿出生后死亡或者出生后患有严重精神疾病以及器官功能障碍病症的行为构成对母亲的故意伤害罪。     

The Power of Mass Mobilisation: Argentina's Struggle for the Legalisation of Abortion

The mass pro-abortion mobilisation which took place in 2018 has been arguably the most successful attempt in Argentina's history at altering the existing legal framework regulating access to voluntary termination of pregnancy. Never before has any legislative project legalising abortion reached the upper chamber of the Congress. Could this result be attributed to the support it received from a mass social movement? What are the limitations of mass mobilisations when a structural change to a long-lasting narrative is required? In order to address these questions, the issue of abortion will be examined through the perspective of power-making and counterpower-making strategies.     

Dancing on the head of a pin? Foetal life and the european convention

The case of Vo v. France represents the latest phase of the European Court of Human Rights’ thinking on the scope of Article 2 of the European Convention on Human Rights (the right to life) in relation to foetal life where a foetus had been lost owing to a medical accident. The Court by a majority decided that, “even assuming” Article 2 applied to the instant case (albeit to the life of the pregnant woman rather than that of the foetus), it had not been violated. While the facts in Vo were extreme and exceptional, the Court will shortly hear the case of D v. Ireland concerning access to abortion for foetal anomaly, an application made under Articles 3, 8, 10 and 14 of the European Convention. If the case of D were declared admissible, the Court would then have to consider whether a denial of access to abortion for foetal anomaly constitutes inhuman and degrading treatment contrary to Article 3, or an interference with a pregnant woman’s right to respect for private life under Article 8 (and if so, how the doctrine of the margin of appreciation applies). The Grand Chamber precedent of Vo displays ambivalence about whether Article 2 should apply to foetal life, and its resort to the “even assuming” formula spared Member States the difficulty of having to justify their various abortion regimes, by reference to this Article. It remains to be seen whether in a case like D that is directly concerned with abortion, the Court will take a more definite stance on the correct balance to be struck between the State’s interest in protecting foetal life and the Convention rights of pregnant women. Vo v. France [G.C.], judgment of 8th -July 2004, no. 53924/00; D v. Ireland [4th section], no. 26499/02, oral hearing on admissibility and merits, 6 September 2005     

Abortion Needs or Abortion Rights? Claiming State Accountability for Women’s Reproductive Welfare

The Family Planning Association Northern Ireland (F.P.A.N.I.) has recently been successful in holding the state accountable for its duty to safeguard women’s reproductive health and welfare, and clarify the circumstances in which abortion is lawful. By demanding that the Minister for Health investigate abortion provision and produce abortion guidance, F.P.A.N.I. hope to improve the quality of abortion services and alleviate the situation of those women who are legally entitled to abortion in Northern Ireland but cannot access it there. This action has challenged a public failure which impacts most negatively on those women who cannot easily escape its effects. Although the case succeeded in shaming the state for such a failure, the judicial review strategy could not challenge the legal ethos which denies women a say over their reproductive lives. This case commentary argues that pro-choice strategic litigation needs to positively and generally assert women’s reproductive rights at the same time as it seeks to accommodate the needs of the most vulnerable.     

Abortion and gender relationships in Ukraine, 1955–1970

This article examines the sociocultural conditions underpinning the so-called ‘abortion culture’ in Soviet Ukraine. Unlike previous studies on abortion in the Soviet Union which have primarily used country-level data, this study employs original sources – in-depth biographical interviews and archival materials – to investigate local conditions and the manner in which decisions regarding abortion were made. The author studied couples whose reproductive years comprise the period from 1955 to 1970, when modern contraceptives were not readily available but abortion was legal. Two localities in Ukraine – the cities of Lviv and Kharkiv – are included in the investigation. The findings suggest that local patriarchal gender regimes and their associated spousal dynamics defined when and how women exercised their agency in birth control and abortion decisions. In couples where spouses communicated about birth control and abortion decisions, the women sought less abortions. These women did not feel a need to exercise their agency, as the husband took over both responsibilities. When abortion was practised as a routine family-size-limitation method, spouses did not communicate about birth control and abortion, and the two were practised solely as a husband's and wife's responsibility, respectively. These women sought abortions to fulfil their own goals and, at the same time, to maintain the dominant patriarchal order in marital relationships as they understood it. Additionally, peer networks seemed to be the crucial element reinforcing women's agency in these processes.     

补肾安胎冲剂联合免疫疗法治疗反复自然流产40例

目的 观察补肾安胎冲剂联合免疫疗法治疗反复自然流产(recurrent spontaneous abortion,RSA)的临床疗效.方法 收集封闭抗体低下型RSA患者80例,随机分成综合治疗组、单纯淋巴细胞治疗对照组各40例,对照组采用丈夫淋巴细胞皮下注射主动免疫疗法;综合治疗组在对照组基础上加服补肾安胎冲剂,比较治...