“Rights Talk,” Abortion, and the Media: Tracking the Evolution of Abortion Discourse in Saskatchewan Newspapers-Reference-Cited by-同舟云学术

“Rights Talk,” Abortion, and the Media: Tracking the Evolution of Abortion Discourse in Saskatchewan Newspapers

Published:2022-12-01 Issue:2 Volume:34 Page:307-330
ISSN:0832-8781
Container-title:Canadian Journal of Women and the Law
language:en
Short-container-title:Canadian Journal of Women and the Law

Author:

Burningham Sarah¹,James Susan¹

Affiliation:

1. University of Saskatchewan

Abstract

This article provides empirical data on the public discourse surrounding abortion in Saskatchewan. Through an analysis of newspaper articles from two time periods—the dawn of the Charter era and three decades after Morgentaler—this article considers how abortion is framed in these accounts and whether, when “rights” terminology is employed, rights are presented as absolute or limited. This article adds to the empirical body of work documenting the presence of “rights talk” in Canada and the literature on the media’s framing of abortion.

Publisher

University of Toronto Press Inc. (UTPress)

Subject

Law,Sociology and Political Science,Gender Studies

Link

https://utpjournals.press/doi/pdf/10.3138/cjwl.34.2.05

Reference88 articles.

1. Canadian Charter of Rights and Freedoms, Part I of theConstitution Act, 1982, being Schedule B to theCanada Act 1982(UK), 1982, c 11 [Charter].

2. See e.g. Emmett MacFarlane, "Terms of Entitlement: Is There a Distinctly Canadian 'Rights Talk'?" (2008) 41:2 Canadian Journal of Political Science 303 at 303, and 307 [MacFarlane, "Terms"]

3. Nancy Hills, "Rights and Restrictions: Canada's Rights Talk during the COVID-19 Pandemic" (Master's thesis, University of Guelph, 2022) at 18 [unpublished].

4. Mary Ann Glendon,Rights Talk: The Impoverishment of Political Discourse(Toronto: Collier Macmillan, 1991).

5. By “proportionality,” we are referring to judicial approaches to rights cases that acknowledge that rights may be limited in pursuit of important social goals and often entail use of standards, empirical investigation, social science data, and instrumental rationality. Jamal Greene, “Foreword: Rights as Trumps?” (2018) 132:1 Harvard Law Review 28 at 60–65.