Abortion, Dignity and a Capabilities Approach

Dixon, Rosalind; Nussbaum, Martha C.

Abortion, Dignity and a Capabilities Approach

FEMINIST CONSTITUTIONALISM, Beverly Baines, Daphne Barak-Erez, Tsvi Kahana, eds., Cambridge: Cambridge University Press, 2011

U of Chicago Public Law Working Paper No. 345

20 Pages Posted: 30 Mar 2011

See all articles by Rosalind Dixon

Rosalind Dixon

University of New South Wales (UNSW) - UNSW Law & Justice

Martha C. Nussbaum

University of Chicago - Law School

Date Written: March 30, 2011

Abstract

The right to "dignity" has played a central role in grounding constitutional rights of access to abortion, yet the concept itself remains under-theorized. This is particularly so when it comes to the relationship between human dignity and women's physical and psychological health or integrity. This essay addresses this gap in the constitutional literature by drawing on the account of human dignity provided by a "capabilities approach"; and by explaining for the first time in detail the logical implications of such an approach for the constitutional regulation of abortion.

Suggested Citation: Suggested Citation

Dixon, Rosalind and Nussbaum, Martha C., Abortion, Dignity and a Capabilities Approach (March 30, 2011). FEMINIST CONSTITUTIONALISM, Beverly Baines, Daphne Barak-Erez, Tsvi Kahana, eds., Cambridge: Cambridge University Press, 2011, U of Chicago Public Law Working Paper No. 345, Available at SSRN: https://ssrn.com/abstract=1799190