Are women's rights really human rights? The limitations of Human Rights law in securing abortion rights

Mitchell, Lynsey (2022) Are women's rights really human rights? The limitations of Human Rights law in securing abortion rights. University of Strathclyde, Glasgow. (https://www.strath.ac.uk/humanities/lawschool/blog...)

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Abstract

On Friday, the US Supreme Court released its decision in the Dobbs v Jackson case. A draft decision had already been leaked to the media weeks earlier showing that the Court looked likely to overturn the landmark case of Roe v Wade, and so bringing an end to constitutional protection against state interference with access to abortion in the USA. As expected, the judges (six in favour, three against; with one judge concurring in relation to the ban at issue but not agreeing with the reasoning in relation to the overturning of Roe v Wade) found in favour of Dobbs, ending almost fifty years of abortion protection in the USA. Several states had already enacted legislation that would trigger a complete ban on abortion if the Court found in favour of the plaintiffs. This decision has triggered a wave of outrage and fear for abortion rights around the globe. Protesters took to the streets in cities across America and around the world. While the decision of the US Supreme Court has no legal effect on abortion access in the UK, it does provide a chilling portent of the reach of the anti-choice movement and shines a light on the liminality of reproductive rights.

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