|
Utah governor signs bill criminalizing attempted illegal abortions
Utah Governor Gary Herbert (R) signed a bill into law on Monday that would allow a woman to be charged with criminal homicide if she arranges for an illegal abortion. Bill HB 462 defines abortion and states that "he killing or attempted killing of a live unborn child in a manner that is not an abortion shall be punished as provided in Title 76, Chapter 5, Part 2, Criminal Homicide." The legislation is in response to a case last year where a 17-year-old girl paid a man $150 to beat her in order to induce a miscarriage. The judge in that case held that no law existed that would allow her to be charged with a crime. Also Monday, the governor vetoed the more controversial original version of the bill, HB 12, because it allowed for charges when the behavior was "reckless." Legislators feared that this language would allow for unintended consequences, that women of accidental or natural miscarriages might be investigated.
Controversy over abortion laws has also continued in other states. Last week, the Supreme Court of Oklahoma ruled that a state law imposing broad restrictions on abortion violates the state constitution. In February, Oklahoma state court judge Daniel Owens ruled that a different state law, making it illegal for a doctor to perform an abortion based on the gender of a fetus and requiring numerous reporting requirements, also violated the state constitution's single subject requirement. In November, an Illinois Cook County Circuit Court judge granted a temporary restraining order on the Parental Notice of Abortion Act of 1995 only hours after the Illinois Medical Disciplinary Board had ruled to begin enforcing the law. Earlier that month, the US Court of Appeals for the Third Circuit struck down a City of Pittsburgh ordinance that created a layered zone structure to prevent protesters from gathering outside abortion facilities. In June 2007, the governor of New Hampshire signed a repeal of the state's parental notification law, which never took effect.
Nigeria urged to prosecute those responsible for recent ethnic violence
The Nigerian government must investigate the recent killings of more than 200 Christian villagers and prosecute those responsible, Human Rights Watch (HRW) said Monday. Attacks blamed on Muslim herders took place near the city of Jos over the weekend, in apparent retaliation for violence between Muslims and Christians in January. HRW called on acting President Goodluck Jonathan to "ensure that the military and the police act swiftly to protect civilians of all ethnicities at risk of further attacks or reprisal killings, including by conducting regular patrols throughout the vulnerable region." UN High Commissioner for Human Rights Navi Pillay said:The job facing the security forces and the judiciary is extremely sensitive. It is important to avoid stimulating new resentments, while at the same time ensuring that those responsible for these atrocious acts do not escape justice. This is the third round of deadly violence in the Jos region in three years, leading to a total number of deaths that may exceed 1,000. Clearly, previous efforts to tackle the underlying causes have been inadequate, and in the meantime the wounds have festered and grown deeperJonathan responded to the January violence by deploying more troops to the region, but HRW says the patrols have failed to protect many smaller communities.
Last month, HRW urged Jonathan to to "tackle the culture of impunity" in Nigeria. HRW's letter came just days after Jonathan assumed the presidency in place of ailing president Umaru Yar'Adua. Yar'Adua, who suffers from a heart condition, was taken to a hospital in Saudi Arabia in November. He has since returned to Nigeria but has not resumed his duties as president. While HRW has called on Jonathan directly, other rights groups have petitioned international authorities to take action to prevent recurring rights abuses. Earlier in February, the Socio-Economic Rights and Accountability Project (SERAP) called for an International Criminal Court (ICC) investigation into the violence that took place in Jos in January. The ICC is considering the petition.
Sri Lanka parliament votes to extend state of emergency until after elections
The Sri Lankan Parliament voted Tuesday to extend the country's current state of emergency until after next month's parliamentary elections. The measure, passed by a vote of 93-24, was opposed by the Janatha Vimukthi Perumana, the country's main opposition party. President Mahinda Rajapaksa dissolved parliament in February to prepare for the April elections, but, under the Sri Lankan Constitution, the president's emergency powers can only be extended for one month at a time, and the extension must be approved by parliament within ten days of the president's declaration. Rajapaksa announced last week that he would reconvene parliament to seek an extension of emergency powers, claiming that the Liberation Tigers of Tamil Elan (LTTE) still pose a threat, despite an end to the country's decades-long civil war last May.
Last month, the Sri Lankan Supreme Court rejected a petition to release opposition presidential candidate and former general Sarath Fonseka, who is being held over an alleged coup plot. It is believed that Rajapaksa called early parliamentary elections to harness momentum from the presidential election in January, in which he defeated Fonseka, to gain more seats in parliament for his political party, Freedom Alliance. The Sri Lankan Supreme Court ruled last month that Rajapaksa's second term will begin in November. The apparent victor in January's elections, Rajapaksa defeated Fonseka by an official margin of 18 points, winning re-election to a second term in office. Fonseka has disputed the results, saying violence and vote-counting irregularities invalidated the outcome. Sri Lanka has been under a state of emergency for most of the past 27 years.
India lawmakers weigh bill to reserve parliamentary seats for women
Indian lawmakers on Monday introduced a bill to ensure that one-third of seats in parliament are reserved for women, marking International Women's Day. The Women's Reservations Bill, introduced in the Rajya Sabha, or Council of States, would increase the number of women serving in the 543-seat legislature, which currently has no gender quota, from 59 to at least 181. The bill is supported by the ruling Congress Party and also has support in the Bharatiya Janata Party and the Communist parties. The bill would require a constitutional amendment, meaning it must be passed by at least a two-thirds majority. Voting was postponed until Tuesday after opposition MP's tore up the bill in protest.
The controversial legislation was originally proposed in 1996, but has been repeatedly blocked. Last year, India elected its first woman president and first woman speaker of parliament. India currently reserves one-third of seats on local governing bodies for women, and, last year, increased the quota to 50 percent.
Haiti judge orders release of US missionary charged with kidnapping
A Haitian judge on Monday ordered the release of one of the last two US missionaries out of a group of 10 who were arrested on kidnapping charges following the January 12 earthquake. The judge announced last month that both missionaries would be released, following the release of the other eight members of the missionary group affiliated with the Central Valley Baptist Church of Idaho and the New Life Children's Refuge Charity. Charisa Coulter was released from prison Monday, while Laura Silsby, the group's leader remains behind bars. Silsby and Coulter have consistently denied any wrongdoing and said they only sought to help children who were suffering after the quake.
The Americans were charged in connection with their attempt to take 33 children across the Haitian border into the Dominican Republic, where the group stated they hoped to start an orphanage. Haitian authorities asserted, however, that many of the children were not orphans, but had been given up by their parents when the missionaries promised a better life for the children. The 10 were each charged with one count of kidnapping and one count of criminal association. The 7.0 magnitude earthquake caused massive damage to property and infrastructure in Haiti, and the death toll has been estimated at 230,000.
ICC postpones trial of Congo rebel leader Bemba until July
The International Criminal Court (ICC) on Monday postponed the trial of former Democratic Republic of Congo (DRC) vice-president Jean-Pierre Bemba, originally set to begin April 27, until July 5. The trial was delayed to allow the court more time to consider the defense's motion on the admissibility of the case, filed in February. The prosecutor and the victims' legal representatives will have until March 29 to submit their observations. The court will hold a status conference on April 27 to hear arguments on the defense motion.
In December, the ICC ordered Bemba to remain in custody until his trial. The ruling reversed a decision issued in August ordering Bemba's conditional release. The order for release was opposed by ICC prosecutors who appealed the original decision. The ICC in June ordered Bemba to stand trial for war crimes allegedly committed in the Central African Republic (CAR) from October 2002 to May 2003. Bemba was arrested in Belgium in May 2008 after the ICC issued a warrant for his arrest for his actions in the CAR. He was indicted on charges of war crimes and crimes against humanity and transferred to the ICC in July 2008.
Europe rights commissioner cautions against burqa ban
The top rights official at the Council of Europe on Monday rejected the notion of banning Muslim burqa and niqab garments. Commissioner for Human Rights Thomas Hammarberg noted in a written statement marking International Women's Day: Those who have argued for a general ban of the burqa and the niqab have not managed to show that these garments in any way undermine democracy, public safety, order or morals. The fact that a very small number of women wear such clothing has made proposals in such a direction even less convincing.
Nor has it been possible to prove that these women in general are victims of more gender repression than others. Those who have been interviewed in the media have presented a diversity of religious, political and personal arguments for their decision to dress themselves as they do. There may of course be cases where they are under undue pressure - but it is not shown that a ban would be welcomed by these women.Hammarberg stressed that European governments considering bans on burqas and niqabs should first look to Articles 8 and 9 of the European Convention on Human Rights before making any decision. Hammarberg's remarks come as fierce debate continues in France and other European nations over the legality of banning traditional Muslim body coverings. Last month, French political candidate Ilham Moussaid ignited controversy by running for office on a left-wing platform while wearing a headscarf. In January, a French parliamentary commission recommended banning the burqa in public places. Currently, headscarves are banned in French schools.
Thousands protest Spain abortion law changes
Thousands of Spaniards gathered Sunday to protest recently approved changes to Spain's abortion laws. Protesters marched in cities across Spain to protest the new law, which will allow abortion up to 14 weeks in most cases. Organizers in Madrid estimated that as many as 600,000 people took part in the protests. Pro-life activists urged the conservative Popular Party (PP) to make good on promises to seek the law's repeal. The new law, set to take effect on July 5, replaces the current law dating back to 1985, which allowed abortions only in the case of rape, up to 12 weeks, severe fetal malformation, up to 22 weeks, or if the woman's physical or mental health was in danger.
The Spanish Senate gave final approval to the law last month. Spain's lower house of parliament, the Congress of Deputies, passed the bill in December after it received approval from the Council of State in September. In October, hundreds of thousands of protesters rallied in Madrid in opposition to the proposed legislation. The changes were proposed last March by a panel of legal and medical experts led by Minister of Equality Bibiano Aido, eliciting widespread protests throughout Spain. The panel was formed in September 2008 at the request of Prime Minister Jose Luis Rodriguez Zapatero as part of a series of social reforms that have included same-sex marriage and streamlined divorce proceedings. The PP has repeatedly expressed the opinion that relaxed abortion laws would stand in opposition to Article 15 of the Spanish Constitution, which guarantees the right to life.
China legislature weighs election reform proposal
The Chinese National People's Congress (NPC) on Monday opened consideration of election reforms designed to afford equal representation to residents of rural and urban administrative areas. China's current electoral law provides more congressional representatives to residents of urban districts than residents of rural ones. The draft amendment aims to eliminate the disparity in representation. Vice Chairman of the Standing Committee Wang Zhaoguo offered this rationale for the presentation of the draft amendment:
Since 1995, China's industrialization and urbanization have accelerated further, the economic and cultural level in rural areas has increased dramatically, and profound changes have taken place in the social structure. The urban population in China has increased from 29.04% in 1995 to 46.6% in 2009. At the same time, people's congresses at all levels have gone through many terms of elections, accumulated abundant experience, achieved enormous results in developing socialist democratic politics and a socialist legal system, and the class base and mass foundation for the people's democratic dictatorship led by the Party has been consolidated and expanded. The objective conditions are in place for revising the Electoral Law and electing deputies to the people's congresses based on the same population ratio in urban and rural areas.Currently, 960,000 rural residents receive the same representation as 240,000 urban residents, leading to calls for reform.Deliberation over the measure will continue in the Third Session of the Eleventh National People's Congress from March 5-14 in Beijing. Also on the agenda are budgetary, social, and economic development measures. Despite reforms, China continues to face international criticism over human rights issues. The government decided in February to tighten restrictions on Internet use. China has also received criticism for its treatment of rights lawyer Gao Zhisheng, who was last seen in public on February 4, 2009.
Supreme Court to rule on picketing military funerals
The US Supreme Court on Monday granted certiorari in three cases. In Snyder v. Phelps, the court will take up the controversial issue of picketing the funerals of soldiers killed in combat. Reverend Fred Phelps and members of the Westboro Baptist Church have been traveling around the country picketing military funerals in recent years, claiming US soldiers have been killed because America tolerates homosexuals. The court has been asked to consider three issues:1. Does Hustler Magazine, Inc. v. Falwell apply to a private person versus another private person concerning a private matter?
2. Does the First Amendment's freedom of speech tenet trump the First Amendment's freedom of religion and peaceful assembly?3. Does an individual attending a family member's funeral constitute a captive audience who is entitled to state protection from unwanted communication?The suit was brought by the family of Marine Lance Corporal Matthew Snyder after Phelps and members of his church picketed his funeral. A federal judge awarded the family almost $11 million in damages, but the US Court of Appeals for the Fourth Circuit reversed, holding that Phelps's speech was protected under the First Amendment.In Bruesewitz v. Wyeth, the court will consider whether § 22(b)(1) of the National Childhood Vaccine Injury Act of 1986, which expressly preempts certain design defect claims against vaccine manufacturers "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings," preempts all vaccine design defect claims. The US Court of Appeals for the Third Circuit held that the act preempts all design defect claims.In National Aeronautics and Space Administration v. Nelson, the court will determine whether the government violates a federal contract employee's constitutional right to informational privacy when it asks in the course of a background investigation whether the employee has received counseling or treatment for illegal drug use that has occurred within the past year. The court will also consider whether the government violates a federal contract employee's constitutional right to informational privacy when it asks the employee's designated references for any adverse information that may have a bearing on the employee's suitability for employment at a federal facility. The US Court of Appeals for the Ninth Circuit ruled that the government had violated the employee's right to privacy, and denied a petition for an en banc rehearing.
|
