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12 Am. U. J. Gender Soc. Pol'y & L. 427 (2004)
Women and Reproduction: From Control to Autonomy - The Case of Chile

handle is hein.journals/ajgsp12 and id is 435 raw text is: WOMEN AND REPRODUCTION: FROM
CONTROL TO AUTONOMY? THE CASE
OF CHILE*
LIDIA B. CASAS**
Introduction ........................................................... 427
I. From Demographic Control to the Construction of Rights ....... 429
II. The 1990s and the New Fertility Regulation Actors .................... 435
III. The  Governing  Coalition ............................................................. 438
IV. Controversy Surrounding the Introduction of Postinal .............. 442
C on clusion  .......................................................................................... 451
INTRODUCTION
Discrimination against women is seldom more evident than in the
sphere of human reproduction.1 A woman's reproductive decisions
are often hindered by laws protecting a range of interests, from the
rights of the fetus to the nebulous obligations arising from marriage
and family life.2
* This article was presented as a part of a Symposium, Re/Dis/Un Covering
Reproductive Rights in the Americas, which was held at American University
Washington College of Law on March 27, 2003. Numerous footnotes were omitted
for the abridged English version of this article.
** Professor of Law, Diego Portales Law School, Santiago, Chile. Professor Casas
teaches an elective course on reproductive choices and a required course on legal
analysis.
1. See Rebecca M. Albury, Law Reform and Human Reproduction: Implications
for Women, in SOURCEBOOK ON FEMINISTJURISPRUDENCE 523, 524 (Hilaire Barnett ed.,
1997) (asserting that the private sphere of reproduction defines women by their roles
as childbearers, while the public sphere defines men by their capacity for rational
thought).
2. See THE CENTER FOR REPRODUCTIVE LAw AND POLICY, WOMEN BEHIND BARS:
CHILE'S ABORTION LAws 30 (1998) [hereinafter WOMEN BEHIND BARs] (arguing that
Chile's abortion laws constitute gender discrimination because such laws exert a
paternalistic control over women's reproductive lives).

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