1. Morality policies, legal mobilisation, and the Canadian Charter of Rights and Freedoms: Does policy determine politics and patterns of judicialisation?
- Author
-
Allison, Christine Rothmayr and L'Espérance, Audrey
- Subjects
- *
ETHICS , *POLICY sciences , *MEDICAL care , *PUBLIC opinion on abortion , *COMPARATIVE studies ,CANADIAN politics & government - Abstract
This paper compares the impact of court decisions on policy-making for three different, ethically contentious policy issues: abortion, assisted reproduction and euthanasia. Past research on abortion emphasised how, in Canada, court decisions contributed to medicalise the issue by framing it as a question of equal access to health care (explain effect). This paper investigates to what extent courts have impacted policy-making on other life and death issues in similar or different ways as has been the case for abortion. Have courts in the case of assisted reproduction and euthanasia also sustained a medicalized frame, or to the contrary, have courts validated other competing policy frames? As the comparison reveals court decisions have contributed to define all three policy issues as a matter of health, health care and medical autonomy; a problem definition promoted by different actors, in particular physicians, patient organizations, and state actors. Defining abortion, euthanasia and assisted reproduction as a health issue reflects the influential position of the medical profession, but - more importantly - opens the possibility to initiate policy change, as the comparative analysis argues. [ABSTRACT FROM AUTHOR]
- Published
- 2010