FEMINIST CONSTITUTIONALISM, Beverly Baines, Daphne Barak-Erez, Tsvi Kahana, eds., Cambridge: Cambridge University Press, 2011
20 Pages Posted: 30 Mar 2011
Date Written: March 30, 2011
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