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Abortion, Dignity and a Capabilities ApproachRosalind DixonUNSW Faculty of Law Martha C. NussbaumUniversity of Chicago - Law School 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 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.
Number of Pages in PDF File: 20 Accepted Paper SeriesDate posted: March 30, 2011Suggested CitationContact Information
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