Abortion: Rights in Motion - Global Constitutionalism 2022

109 Pages Posted: 28 Nov 2022

See all articles by Reva Siegel

Reva Siegel

Yale University - Law School

Linda Greenhouse

Yale Law School

Date Written: November 23, 2022

Abstract

Abortion: Rights in Motion, co-edited by Reva Siegel (Nicholas deB. Katzenbach Professor of Law at Yale Law School), Linda Greenhouse (Clinical Lecturer in Law and a Senior Research Scholar in Law at Yale Law School), and Daniela Salazar Marín (Judge of the Constitutional Court of Ecuador) for a volume on Global Constitutionalism 2022 explores how courts decide whether and when to protect the right to terminate a pregnancy.

Many jurisdictions have decided to decriminalize and expand access to abortion, while others, notably including the United States, have rolled back long-standing protections for abortion rights. The chapter discusses selections from abortion decisions in Ecuador, Mexico, Colombia, South Korea, Nepal, Kenya, Poland, and Hungary interspersed with related sources. An addendum includes the decision of the United States Supreme Court in Dobbs v. Jackson Women's Health Organization. The cases illustrate the different roles social movements can play in shaping the law, and raise questions about the role of courts in a democracy. Must courts consider—or must courts ignore—the impact of laws criminalizing abortion on women’s equal citizenship?

Keywords: abortion, comparative, transnational, Dobbs, Green Wave, decriminalization, carceral, equal citizenship, unborn life

Suggested Citation

Siegel, Reva B. and Greenhouse, Linda, Abortion: Rights in Motion - Global Constitutionalism 2022 (November 23, 2022). Yale Law School, Public Law Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4284221 or http://dx.doi.org/10.2139/ssrn.4284221

Reva B. Siegel (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-6791 (Phone)

Linda Greenhouse

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-2514 (Phone)

HOME PAGE: http://www.law.yale.edu/faculty/LGreenhouse.htm

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