To Procreate or Not to Procreate
Book: Human Flourishing: The End of Law
Real stories of pregnant women, past and present, shed light on how our laws have evolved to ensure greater recognition of a woman’s fundamental right to reproductive and family autonomy. Today, these rights are in jeopardy. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Center overturning the abortion right frames the issue in terms of the states’ interest in protecting human life; yet the implications for women’s health and human dignity are ignored. I look at several case studies implicating reproductive rights from 1924 to now. I then address Dobbs, concluding that the decision, by focusing on 1868 when women were excluded from the political process, disregards developments in women’s rights in the 20th century, defines fundamental rights too narrowly and ignores evidence of animus towards women seeking to control their reproductive destinies.
Brill | Nijhoff
human rights, the rule of law, constitutional law, law and gender, women's rights, abortion
Constitutional Law | Human Rights Law | Law | Law and Gender | Rule of Law
Gilbert, Lauren, "To Procreate or Not to Procreate" (2023). Faculty Book Chapters. 38.