About this subject
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June - Online
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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.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Examine and explain the diverse field of Gender and Health Rights and its role in international and domestic spheres,
- Apply recent developments in the Gender and Health Rights field, including the most recent UN body statements and relevant international and domestic court cases and legislative developments,
- Interpret and distil the knowledge and analysis gained in the subject for a broad audience, particularly policy makers and other agents of change,
- Be able to demonstrate autonomy, creativity and responsibility as a legal practitioner in the field of Gender and Health Rights.
- Have the cognitive and technical skills to analyse international and domestic law, policy and practice,
- Have the cognitive and technical skills to responsibly apply international and domestic legal frameworks to lived experiences of minority groups,
- Have the sensitivity and skill to communicate complex legal analysis to the community and key stakeholders,
Last updated: 15 November 2023