The Contradiction in Disability Law
Selective Abortions and Rights
Price: 850.00 INR
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ISBN:
9780199466658
Publication date:
30/07/2016
Hardback
284 pages
Price: 850.00 INR
We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.
ISBN:
9780199466658
Publication date:
30/07/2016
Hardback
284 pages
Smitha Nizar
While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights.
Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman’s right to take decisions about her body.
Rights: World Rights
Smitha Nizar
Description
While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives.
Does this mean that persons with disabilities do not deserve to be born as their lives are not worth living? Does disability-selective abortion, in effect, negate the rights of persons with disabilities? Can these interventions continue without breaching disability rights? The author approaches these critical questions by studying the contradiction that exists between disability-selective abortion and disability rights.
Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman’s right to take decisions about her body.
About the Author
Smitha Nizar teaches law at Alliance School of Law, Alliance University, Bengaluru, Karnataka, India. Prior to that, she was a practicing advocate at High Court of Kerala, India.
Smitha Nizar
Table of contents
Preface
Acknowledgements
List of Abbreviations and Acronyms
List of Statutes
Table of Treaties
Table of Cases
Introduction
1. The Interplay between Natural and Social Selection
2. Competing Discourses on Value and Quality of Human Life
3. Varied Perspectives on Sex- and Disability-selective Abortions
4. Perfection at the Cost of Excellence: Implications of Disability-selective Abortions
5. The Equality–Non-discrimination Gaze on the Right to Life
6. Disability-selective Abortions in National and International Law
7. Deliberated Decisions, Not Automated Response: The New Discourse on Disability-selective Abortions
Bibliography
Index
About the Author
Smitha Nizar
Smitha Nizar
Description
While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives.
Does this mean that persons with disabilities do not deserve to be born as their lives are not worth living? Does disability-selective abortion, in effect, negate the rights of persons with disabilities? Can these interventions continue without breaching disability rights? The author approaches these critical questions by studying the contradiction that exists between disability-selective abortion and disability rights.
Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman’s right to take decisions about her body.
About the Author
Smitha Nizar teaches law at Alliance School of Law, Alliance University, Bengaluru, Karnataka, India. Prior to that, she was a practicing advocate at High Court of Kerala, India.
Table of contents
Preface
Acknowledgements
List of Abbreviations and Acronyms
List of Statutes
Table of Treaties
Table of Cases
Introduction
1. The Interplay between Natural and Social Selection
2. Competing Discourses on Value and Quality of Human Life
3. Varied Perspectives on Sex- and Disability-selective Abortions
4. Perfection at the Cost of Excellence: Implications of Disability-selective Abortions
5. The Equality–Non-discrimination Gaze on the Right to Life
6. Disability-selective Abortions in National and International Law
7. Deliberated Decisions, Not Automated Response: The New Discourse on Disability-selective Abortions
Bibliography
Index
About the Author
