Gender and Health Law (LAWS90271)

This subject examines gender and health law. It takes an international comparative perspective – examining case studies across the globe in Europe, Asia, Australia, North and South America, etc. It draws on international law, such as the Convention on the Elimination of Discrimination Against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRPD) and incorporates World Health Organisation guidelines and documents. It will also engage students in analysis at the domestic level for various jurisdictions – including Australian commonwealth and state/territory government regulation and civil society reports.

It also explores the effect of intersecting forms of marginalisation on health rights; for example, women and gender minorities (trans and gender diverse people, intersex people, non-binary people, and others) that are members of other marginalised groups, such as disabled people, racial minorities and/or religious minorities. This subject is relevant for students who are interested in understanding modern issues of gender and health law and for those interested in exploring how to improve health law to ensure positive impacts for women and gender minorities.

Principal topics will include: 

• Decision-making denial to women and gender minorities in health and medical related choices (history and modern legal impacts),
• Absence of gender diversity in health and medical research (history and modern legal impacts),  
• Access to health and medical care in relation to gender and intersectional identities (human rights lens), 
• Gender-related medical interventions and the law, including in relation to minors (regulation of gender affirming surgery, treatments, etc.), 
• Reproductive choice (women and gender minorities), 
• Gaps in health and medical care in relation to gender-specific health and medical issues – and the role of the law (human rights lens) – for example, endometriosis and menopause,
• Gendered harms from health care drugs and devices. For example, vaginal mesh, breast implants, IUDs, and thalidomide.