Running head: WOMEN’S REPRODUCTIVE RIGHTS 1

WOMEN’S REPRODUCTIVE RIGHTS 2

Women's Reproductive Rights

Introduction

One of the most contentious issues in the world has been the legalization of abortion. On

one side is the pro-life movement that does not support abortion, while on the other hand is the

pro-choice movement that supports women's decision to have an abortion. Thompson (2019)

claims that women have always had abortions and that over the timeline of America's history,

females of all classes, ages, races, and standings had always terminated their gestations before

there were any rules to illegalize or legalize abortion. The fight for women's reproductive rights

is checkered by both victory and setbacks as countries like the US and Argentina legalize

abortion while others like Poland illegalize it.

Legalization of Abortion in the US

The Times Editorial Board (2019) raises an important question about whether the right to

abortion should be turned into federal law. The news article starts with reference to the Supreme

Court's declaration in Roe vs. Wade, which was a momentous decision of the Supreme Court that

ruled that the US Constitution should protect an expectant woman's decision and liberty to

decide to have an abortion without the régime's interference. The landmark case sparked a debate

about whether abortion should be made legal and the parties to decide the legality of the

abortion, and the moral and religious views to be factored in. Thompson (2019) claims that

people in the antiabortion crusade have always improperly framed Roe vs. Wade case to push

their agenda and further claim that the case liberalized a practice that the American people have

always opposed.

According to Thompson (2019), abortion in the initial phases of gestation was not usually

regarded as an unethical practice or murder, rather just a birth control measure. Thompson
WOMEN’S REPRODUCTIVE RIGHTS 3

(2019) claims that most of the arguments against abortion focus on the rights of the fetus, an

opinion that was contrary to the public sentiments at the time. Ross et al. (2017) refute the view

that focuses on the rights of the unborn child and claim that people in the antiabortion crusade do

not have the right to police women's bodies, especially Black women. According to Ross et al.

(2017), women should be free to choose what to do with their bodies. No one has the right to

dictate a woman's reproductive choice and decision to have an abortion.

Ross et al. (2017) highlight the plight of Black women in the United States being a

minority race. Black women suffer the same disenfranchisement as white women but still get

discriminated against on a deeper level. Ross et al. (2017) talk of adverts that piously try to

protect Black children but still shame Black women who try to get an abortion. According to

Ross et al. (2017), such adverts seek to criminalize women’s motives for terminating their

pregnancies, something that the law already criminalizes. The proposed legislation was such that

if a woman tries to get an abortion because of the race and gender of the unborn child, then the

doctor would be obliged to turn down her request. According to Ross et al. (2017), the race-

based anti-abortion campaign has aroused fears of eugenics because of its depiction of Black

women as victims of a population control policy by abortion specialists. The fight for full

reproductive rights has thus entered a new phase in the US as the race question has entered the

stage.

Chavez (2019) laments that abortion bans have been rising across the United States,

making most people wonder where the country stands on abortion. Currently, abortion has been

legalized in the United States under the Roe v. Wade 1973 Supreme Court declaration. Still,

many states in the country have put restrictions on their abortion laws, such as passing strict

antiabortion pills with the aim of reshaping women's access to abortion. While progress has been
WOMEN’S REPRODUCTIVE RIGHTS 4

made in some states, other states like Alabama continue to be more restrictive, as they allow

abortion only in the case of incest or rape. Other states like New York have passed laws that seek

to protect women's access to abortion rights and defend doctors and medical practitioners who

perform the procedure (Chavez, 2019).

Ziegler (2020) claim that abortion rights are still at risk because some states like Alabama

have rushed to pass bans that they feel that the conservative majority at the Supreme Court could

uphold. On a positive note, Chief Justice John Roberts teamed up with liberal colleagues to strike

down an abortion limitation in the state of Louisiana that had required that abortion clinics have

to admit privileges at a medical center within 30 miles to increase women's safety. Ziegler (2020)

claims that such a requirement would have easily eliminated all except one abortion clinic in the

whole state. According to Ziegler (2020), the antiabortion leaders are evolving rather than

revolting and have been seeking novel ways to show the conservative court that the Roe v. Wade

ruling can be reversed without the creation of a public outcry.

Kelly (2019) expresses the same sentiments a Ziegler, as she lists the states that passed

abortion restrictions and their stands. According to Kelly (2019), the states that lean Republic felt

encouraged by the conservative majority in the Supreme Court and President Trump's effort to

undo the abortion freedom. Such states have rushed to pass abortion restrictions and severe

limitations on women's access to abortion. While Ziegler felt that abortion rights are still at risk,

Kelly feels more optimistic because the many bans that have been imposed have not taken effect

yet. According to Kelly (2019), out of the 9 gestational bans that bar abortion after a given

period, none has gone into effect because the Supreme Court judges have blocked them.

Abortion Remains Illegal in Other Conservative Nations

WOMEN’S REPRODUCTIVE RIGHTS 5

The antagonistic nature of the abortion debate can be observed in other parts of the world

too. Progress has been made in some countries while others continue to hold back and engage in

protests. Taub (2020) reports on the protests that have been made due to the abortion ban by the

supreme court. There is a clear difference in what is happening in Poland and in the United

States. While the US Supreme Court has upheld abortion rights and works to dismantle the

abortion restrictions by states like Louisiana, Poland's Supreme Court has banned most

abortions. Poland's case reveals deep-seated issues such as the patriarchal power structure that

has existed since the fall of Communism and the lack of consideration for women's reproductive

freedom (Taub, 2020).

An interesting topic that Taub raises is the symbiotic relationship whereby the Catholic

church has been lending its power to the legislators in exchange for the régime's enforcement of

canonical morality, such as the restriction of abortion. Taub (2020) talks of a contract between

the Catholic bishops and the Polish politicians who seek to further the church's priority of

restricting abortion. Taub (2020) reports that most of the Polish residents felt that the 1993

abortion law was sort of a contract between politicians and the Bishop. Abortion was only

permitted under special cases like rape, incest, and fetal abnormality. Under the new Polish

democracy, women were denied the reproductive freedom they enjoyed during the Communist

rule.

Conservative Countries Legalizing Abortion

While Poland seeks to restrict women's abortion rights, Argentina was making headlines

as the first Latin American country to legalize abortion, a great milestone in a largely

conservative region. It is ironic that Poland passes the antiabortion laws at the behest of the

Catholic church, yet Argentina does the opposite and it is the home of the Pope. Alberto
WOMEN’S REPRODUCTIVE RIGHTS 6

Fernandez, who is the leader of Argentina, has sworn to sign the bill into law and make it

permissible for females to terminate their gestations for any purpose up to 14 weeks, after which

exceptions would be made (Politi & Londono, 2020). Politicians across Argentina feel that the

legalization of abortion in the country is a big victory that seeks to protect women's basic rights

even though pro-life factions are expected to arise. Pope Francis rebuked the legalization process

and chimed into the bitter debate in his motherland to praise the pro-life groups and the

evangelical Protestant churches that joined forces with the Catholic church to oppose the law

(Politi & Londono, 2020).

The fight for women's reproductive rights has been victorious in some parts of the world

and futile in other areas such as Poland. The world mostly looks to the United States as the

model democratic country that has a passion for freedom. Even before the Supreme Court's

ruling on the Roe v. Wade case, women have always had abortions. The restriction of women's

access to safe abortion in the hospital would make them resort to unsafe and home-made

procedures that risk their lives. After the Roe v. Wade ruling, legal abortions in the United States

skyrocketed to over 1 million procedures annually while the mortality rate reduced from 70

deaths per 100,000 cases to 1.3 per 100,000 cases (Thompson, 2019).

The Times Editorial Board (2019) hopes that the Supreme Court would continue to

recognize women’s rights and freedom to make their own decisions based on their reproduction

and future. The Times Editorial Board (2019) reports that a bill has already been advanced that

codifies the outcome of Roe v. Wade and that the Women’s Health Protection Act should be

made to assure the right to abortion and prohibit any restriction that has been imposed on

abortion specialists and clients. While such laws would still be challenged in court, the advocates
WOMEN’S REPRODUCTIVE RIGHTS 7

and lobby groups should still continue to fight for women’ rights to allow them the freedom to

choose to abort or not.

Conclusion

The fight for women's reproductive rights is checkered by both victory and setbacks as

countries like the US and Argentina legalize abortion while others like Poland illegalize it. Even

in the US, full victory has not been ensured as Alabama states still impose certain restrictions on

women's access to safe abortion. The now majority conservative court in the US has incentivized

states that lean Republican to try to pass laws that restrict abortions. Therefore, there is still a

long way to go in ensuring safe abortions for women and full reproductive rights.
WOMEN’S REPRODUCTIVE RIGHTS 8

References

Chavez, N. (2019). The rising wave of abortion restrictions in America. Retrieved 3 February

2021, from https://edition.cnn.com/2019/05/18/us/abortion-laws-states/index.html

Kelly, C. (2019). States passed a flurry of new abortion restrictions this year. Here's where they

stand. Retrieved 3 February 2021, from

https://edition.cnn.com/2019/10/27/politics/abortion-laws-states-roundup/index.html

Politi, D., & Londono, E. (2020). Argentina Legalizes Abortion, a Milestone in a Conservative

Region. Retrieved 3 February 2021,

Ross, L., Derkas, E., Peoples, W., Roberts, L., & Bridgewater, P. (Eds.). (2017). Radical

reproductive justice: Foundation, theory, practice, critique. Feminist Press at CUNY.

Taub, A. (2020). In Poland, Protests Over Abortion Ban Could Revolutionize Politics. Retrieved

3 February 2021.

The Times Editorial Board. (2019). Editorial: Should a right to an abortion be a federal law? Of

course it should. Retrieved 3 February 2021, from

https://www.latimes.com/opinion/story/2019-10-31/editorial-should-a-right-to-an-

abortion-be-a-federal-law-of-course-it-should
WOMEN’S REPRODUCTIVE RIGHTS 9

Thompson, L. (2019). Opinion | Women Have Always Had Abortions (Published 2019).

Retrieved 3 February 2021, from

https://www.nytimes.com/interactive/2019/12/13/opinion/sunday/abortion-history-

women.html

Ziegler, M. (2020). Op-Ed: Why abortion rights are still at risk. Retrieved 3 February 2021, from

https://www.latimes.com/opinion/story/2020-07-03/june-medical-supreme-court-john-

roberts-brett-kavanaugh-abortion-rights