The Stolen Freedoms of Abortion: An International Human Rights Analysis of the Dobbs Case
Other Title
被偷走的人工流產自由：「多布斯訴傑克森女性健康組織案」之國際人權法律評析
Resource
The Right to Health in Transformation: Judicialisation Practices of Health Issues in the Inter-American Human Rights Regime
Journal
Journal of Science & Health Law
Journal Volume
28
Journal Issue
1
Pages
93-146
Date Issued
2023-04
Author(s)
Abstract
This article begins by reviewing the development of Roe v. Wade in 1973 to Dobbs v. Jackson Women's Health Organization in 2022, which applied an originalist perspective to deny the freedom of abortion and the related right to entitlements that had existed and been recognised for nearly half a century in the US Constitution. In the culture war between progressive and conservative forces, the power to control women's bodies and reproduction has long been a problem of intersectional politics intertwined with racial and gender inequalities. Through an international human rights analysis - particularly in light of the principles of nondiscrimination, non-regression, and the interrelatedness between all human rights - we consider illegitimate the US Supreme Court's denial of abortion rights. However, whether such illegitimacy amounts to illegality depends on the understanding and interpretation of the legal obligations of the US under conventional and customary international human rights law. We thus elaborate on the changes and divisiveness regarding the US approach to the 'international' human rights regime and its impact on international and domestic planes. With all the evidence available in the relatively short period of the "post-Roe era", we argue that the Supreme Court's denial of abortion rights has also stolen the lives of many women and girls living in and beyond the US and, therefore, the US has seriously violated international human rights law, potentially fuelling the global anti-gender movement and anti-human rights movement.
Subjects
Convention on the Elimination of All Forms of Discrimination Against Women
international covenant on economic, social and cultural rights
non-discrimination
non-retrogression
reproductive health and rights
abortion
Publisher
國立清華大學科技法律研究所、臺灣醫事法律學會、臺北醫學大學醫療暨生物科技法律研究所
Type
journal article
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