Is My Body Mine?
- IJLLR Journal
- Mar 2
- 2 min read
Reema Nayak, O.P. Jindal Global University, Sonipat
ABSTRACT
Reproductive autonomy is a fundamental human right, yet its legal recognition remains deeply contested worldwide. The 2022 overturning of Roe v. Wade marked a critical regression in women’s rights, reinforcing patriarchal structures that deny women agency over their own bodies. This decision not only criminalized abortion in several U.S. states but also set a troubling precedent that undermines reproductive rights globally. This paper explores the historical and legal context of abortion rights, analysing the intersection of gender, autonomy, and state control over bodily decisions. It argues that abortion restrictions reinforce systemic gender discrimination by reducing women to their reproductive capacities and perpetuating inequality. Through an examination of international human rights frameworks and key rulings, this paper highlights the legal obligations of states to uphold reproductive rights as a component of privacy, health, and freedom from discrimination. The discussion also addresses the impact of restrictive abortion laws, which not only violate women’s rights but also disproportionately harm marginalized and impoverished communities by making safe reproductive healthcare a privilege for the wealthy while forcing economically disadvantaged women into unsafe alternatives. The paper further engages with the ongoing debate between "pro-choice" and "pro-life" perspectives, dismantling the false dichotomy between life and choice by emphasizing that human rights protections extend to individuals after birth. The jurisprudence of international bodies consistently prioritizes the rights of pregnant individuals over fetal interests, reinforcing the necessity of legal access to abortion. Ultimately, this paper argues that the criminalization of abortion is a violation of fundamental human rights, including bodily autonomy, equality, and the right to health. It calls for urgent legal reforms to decriminalize abortion, expand access to reproductive healthcare, and align domestic laws with evolving international human rights standards. By framing abortion as an essential aspect of gender equality and reproductive justice, the paper advocates for a global shift toward recognizing and protecting women’s rights as human rights.
