Open Access
Forms of countermovement and counter-reform in Latin America : judicial backlash or resources and political and legal opportunities?
Loading...
Files
Ruibal_2022_Countermovements_and_Courts.pdf (574.38 KB)
Full-text in Open Access (Submitted Version)
License
Cadmus Permanent Link
Full-text via DOI
ISSN
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Sandra BOTERO, Daniel BRINKS and Ezequiel GONZÁLEZ OCANTOS (eds), The limits of judicialization : from progress to backlash in Latin American politics, Cambridge : Cambridge University Press, 2022, pp. 89-114
Cite
RUIBAL, Alba, Forms of countermovement and counter-reform in Latin America : judicial backlash or resources and political and legal opportunities?, in Sandra BOTERO, Daniel BRINKS and Ezequiel GONZÁLEZ OCANTOS (eds), The limits of judicialization : from progress to backlash in Latin American politics, Cambridge : Cambridge University Press, 2022, pp. 89-114 - https://hdl.handle.net/1814/74940
Abstract
Through the study of processes of countermovement and counter-reform in the field of abortion law in Mexico, Colombia, Brazil and Argentina over the past two decades, this chapter contributes to the discussion of backlash. In contrast to the judicial backlash thesis, it argues that the conservative reaction to abortion rights gains in Latin America cannot be explained as a direct or specific response to court decisions. Instead, the chapter presents an account of the development of countermovements and counter-reforms from a sociological perspective, by tracing them back to their interaction with political and legal opportunities. It identifies four types of counter-mobilization and counter-reform, based on the predominant and most successful strategies deployed by conservative actors against abortion rights in the case studies. Brazil is an emblematic case of conservative forces leveraging their legislative power via the formation of an inter-religious caucus at the national Congress. Mexico is a case of conservative pressure on subnational legislative processes. Colombia is a case of counter-legal mobilization by institutional activists anchored in national state structures. Finally, Argentina is the case in which counter-legal mobilization by civil society actors is most salient.
Table of Contents
Additional Information
Published online: 11 August 2022