Research Essay

Download as pdf or txt
Download as pdf or txt
You are on page 1of 16

Haley 1

Greta Haley

Ms. Dorak

CHS English 102

8 May 2024

The Fight For Rights: The Analysis of Reproductive Rights Globally

Women are genetically wired to reproduce. A fetus starts from mere cells as the mother

houses and protects its growth, until a baby is born nine months later. With the resources to carry

out such actions, there are many restrictions on what a woman can exactly do with her uterus,

ovaries, and fallopian tubes. Throughout history, women have had fewer rights than men around

the world. While men have dominated and controlled the rights of women throughout time, the

absence of these principles and opportunities are degrading women’s needs, especially

reproductive rights. The lack of reproductive rights for women globally is dehumanizing and

restrictive due to the amount of health risk involved in this discrimination, therefore, these rights

should be granted to women around the world. While some say reproductive care should not be

available, the scarcity of such treatments causes a plethora of issues. The main issues are the

basis of abortion laws in the United States, restrictive reproductive policies around the world, the

lack of sexual education, and the difference between American regulations compared to French

ones.

Since the foundation of the United States, the topic of women’s rights, including

reproduction, has been debated. The Supreme Court case Roe V. Wade, decided in 1973, was a

monumental occasion making abortion a federal law, but so was Dobbs V. Jackson Women’s

Health Organization where that right was repealed in 2022. Reproductive rights protect the

safety and health of an individual as a whole. Mashooq Salehin, an associate professor in the
Haley 2

department of Work and Sociology at the North Carolina Agricultural & Technical University

states "The World Health Organization (WHO) defines reproductive rights as a 'basic right of all

couples and individuals to decide freely and responsibly the number, spacing, and timing of their

children and to have the information and means to do so, and the right to attain the highest

standard of sexual and reproductive health'"(75). Reproductive rights are not just whether or not

abortion should be legal, but it is a large part of the right to choose. Abortion is often a matter of

the government in countries around the world, and America is no different. Making abortion a

federal law ensures not only the freedom of choice for women, but the safety and reassurance

that the procedure is mandated. America is founded on the basis of freedom, and with that

freedom comes the right to choose as an individual. Even though the United States grants some

of the most human rights, they rank 38th in gender equality compared to other nations around the

world (Salehin and Pillai 75). This includes pay gaps, violence, prejudice, and most certainly

reproductive rights. For a country that claims freedom, half of the population is not as free as

they claim.

The topic of abortion is not a black and white argument; there are many discussions,

opinions, values, and concerns that play a part in this complex matter. Salehin claims that in

America, the social development has provoked three perspectives on abortion: moral; a fetus

should not be killed as it has the same rights as a born human being, political; a fight for power

based on different conflicts, and health; the concern of health for the fetus and the mother

throughout the pregnancy (77-78). With the debate of morality also comes religion. It is often

claimed that abortion is killing children. This usually goes against beliefs related to religion,

therefore claiming abortion is a homicidal act. While people are entitled to their beliefs,

oftentimes these religious beliefs make their way into governmental decisions where there should
Haley 3

be a separation of Church and State. Since the Dobbs decision in 2022, many citizens view

abortion and reproductive rights as an important factor in politicians and their stances on such. It

is too often that the topic of abortion specifically turns into a debate of value. The most often

forgotten topic is the health of the mother and fetus. With the outlaw or difficulty of obtaining

abortion, women may turn to unsafe options for not only the fetus, but themselves. Each of these

perspectives affect reproductive health differently. Before the Dobbs decision, there were ways

that allowed states to make it harder for women to obtain abortions. Laurel Steinfield, a professor

of marketing at the Bentley University focusing on social stratifications of reproduction

highlights "Although abortion was allowed in the United States, various states enacted policies

that restrict access to abortion services, such as requiring parental approval for minors,

mandating waiting periods, restricting public funds and Medicaid coverage, and obstructing

access through requirements placed on abortion providers"(45). These policies were put in place

while abortion was federally protected. Even when these rights were preserved, the values,

politics, and health concerns influenced decisions that made it more difficult for mothers to

choose freely about their decisions.

After the 2022 ruling, the policies of abortion were turned back to the decision of the

individual state. Some states kept abortion legal, a few restricted some access, while others were

more extreme in their policies. Texas was one of the major states that implemented heavy

changes to the law. Mindy Bergman, an expert in the field of Occupational Psychology at Texas

A&M states the Texas Senate Bill 8 (TX SB8) bans abortion after the heartbeat of an embryo is

detected, usually around six weeks. This is also called the Texas Heartbeat Act (6). This bill

enacted in Texas is detrimental to many women around the state. Six weeks is a short amount of

time where most women do not know they are pregnant. Even though abortion is not outright
Haley 4

banned altogether, it is for most women. Implementing this ban restricts women from safe

procedures, proper care, and a personal choice. Since Texas is a large state, in order to obtain

procedures like abortion, one must travel outside of the state. This is not available to some

women who have no resources to travel that far. Not only has Texas enforced this extreme

outlaw, but lawmakers have implemented rewards to citizens. According to Mikki Hebl, a

Psychologist at Rice University, private citizens are able to earn up to $10,000 and sue others for

getting abortion. These anti-abortion laws in some states also enforce fines and imprisonment for

anyone who aids in the act of abortion (Bergman et. al 20). This Texas bill violates reproductive

rights, freedom of choice, and privacy. With the execution of this reward system, women’s lives

are no longer private. An average citizen can turn in a woman for having an abortion, and they

would get paid for it. A person that has no connection to a woman can sue them for having an

abortion. Not only are women no longer allowed to have such liberties as deciding for

themselves, but now citizens can strip them even further of their right to privacy. Enacting these

laws infringes on every aspect of reproductive rights and privacy. Restricting such procedures

dehumanizes women to animals in a zoo; constantly watched and repressed in a cage.

The United States is not the only country where the lack of reproductive freedom exists.

Countries all over the world regulate the level of reproductive rights given to women. Every

country has different religious affiliations, values, and government systems that influence the

dictation of reproductive health. Steinfield states that "Abortion is one of the top healthcare

procedures in the world, and it is performed globally at an annual rate of about 40 to 50 million

per year"(34). Abortion is a highly performed procedure that occurs across the globe. With that

being said, not all countries support such operations. Each country has different policies that

make it difficult for women to obtain reproductive rights globally. While some countries fully
Haley 5

legalize abortion, others entirely outlaw it with others in between. According to Nqobizwe

Ngema, a law professor at the University of Zululand, South Africa, there are three main reasons

why countries would restrict abortion: for protecting the life of the fetus, for the purpose of

protecting the mother due to abortion being dangerous, and abortion violates moral beliefs and is

considered a sin (1). While many of the reasons that countries regulate abortion are similar to

that of America, there are some countries that do not follow these potential purposes. Steinfield

states that not all countries view abortion as a moral issue. For example, China's rulings do not

support abortion, but abortion is encouraged due to their one-child policy throughout the country

(44). Countries like China who have an overpopulation issue encourage abortion. It may not be

for the concern of reproductive health and rights, but with the increasing population, abortion is

necessary to ensure that the country does not become too overcrowded. These policies do not

support abortion, but they instead recognize it as a vital implementation into society to establish

order and necessity.

While countries like China allow abortion for purposes like population size, there are still

many countries that do not support the procedure. According to Ngema, in Indonesia,

approximately 300,000 women die each year from unsafe abortions (1). Indonesia is currently a

country where abortion is illegal with very few exceptions. This death toll of women trying to

choose what’s best for them is heartbreaking. Because of restrictive policies, hundreds of

thousands of women are dying each year because of a procedure that can be regulated with the

help of the government. Many Indonesians do not even have the liberty to take part in

procedures. Instead, there are many women who are impregnated in Indonesia, and many are

involuntary every year. Indonesia criminalizes abortion, so many women wish to terminate

unwanted pregnancies. Some methods used include jumping many times, eating pineapples, and
Haley 6

drinking black beer (Ngema 1). These techniques that women use to try and terminate a

pregnancy are desperate pleas. Instead of having the security of obtaining a safe abortion, women

must resort to ancient methods or unsafe procedures. For Indonesia, abortion and reproductive

health is a moral issue. The traditional ideals of modesty and the fear of the degradation of

society is a driving factor in these decisions. In fact, in many countries, the outcome of

reproductive rights of women in the healthcare system is often evaluated and enforced by

powerful positions held by men that are tasked to reflect moral views of the country (Steinfield et

al. 43). This is part of the main issue surrounding reproductive rights. This hierarchy is in charge

of implementing these laws, but they do have the organs needed to bear children. Having men

decide important decisions for women does not represent the needs of women. In many

countries, including some parts of the United States and Indonesia, people can be fined and/or

jailed for having or taking part in abortion. Ngema writes, “Any woman who with deliberate

intent causes or lets another cause the drifting off or the death of the fruit of her womb shall be

punished by a maximum imprisonment of four years”(5). In Indonesia, the official law claims

that there are punishments for taking part in abortion. For women who are struggling to obtain

abortion in the first place, there is also a chance that they can be jailed for their decision. Doctors

and other additional parties can be held accountable for such crimes as well. This lack of

reproductive freedom strips the decision to have an abortion, help with one, or carry out the

procedure from people. Other places, like the United Kingdom for example, also have some

restrictions. Rachel Clarke, a specialist in palliative medicine states that contrary to many beliefs,

the laws in the UK do not fully protect the right to abortion. In the case the two doctors

determine that having an abortion would be less risky or carrying a baby would be harmful, an

abortion is allowed according to the Abortion Act of 1967 (1). In a progressive place like the
Haley 7

UK, the rights of women are not fully protected. Women can still be fined for having abortions

that do not put anyone at risk. This argument isn’t about whether or not people are at risk, it is

about the right to choose about an outcome. The policies put in place in other countries restrict

the healthcare that all humans deserve. Women deserve to have access to safe operations and

care, the right to choose for themselves, and the human rights they deserve.

Abortion is not the only reproductive right that is restricted throughout the world. The

lack of sexual education provided to ensure knowledge of protection and pregnancy varies

between countries. The absence of guidance leads to unwanted pregnancies, sexually transmitted

infections, and health risks. Salehin states that in American school systems, many states are

encouraged to implement policies that require "abstinence-only sex education"(82). This

approach does not allow for young adults to become educated on subjects that could alter their

lives. By restricting this topic in schools, this leaves the teaching up to the individual or the

parent. There is no guarantee that this learning is accurate or given to young adults. The Dobbs

decision allows for abortion to become illegal. If people are not getting the education required to

prevent such acts as accidental pregnancy, then the government is not only taking away people's

right to choose, but the opportunity to prevent it. Not only has abortion become a political topic,

but so has the education behind it. Salehin inquires that "This [Republican] perspective, endorsed

by the conservative 'pro-life” advocates, not only opposes “abortion” but also promotes

abstinence, restricts access to contraceptives, and denounces any sexual behavior and/or union

other than heterosexual marriage'"(80). In America, oftentimes, the opposition to the freedom of

choice for reproductive rights is the Republican Party. Often claimed as a moral issue, this party

is against abortion, but also against education to prevent it. This ideal sets people up for failure.

With the lack of education, prevention, or any talk of sexual encounters, it is still expected that
Haley 8

abortion must be outlawed. As education is cut, there is an influx of unwanted pregnancies,

hence more abortions. In order to prevent more abortions, there must be accessible and reliable

education on the topic of sex.

This issue spans across the world. Women and men are uneducated in preventative

measures and consequences due to government regulations. These policies usually coincide with

the country’s stance on abortion and reproductive rights as a whole. For example, Ngema talks

about the policies in Indonesia revealing only legally married couples are allowed to receive

information on contraceptives or abortion. In fact, Article 408 of the Penal Code restricts the

information due to the wide belief that the spreading of such information would encourage the

"moral decay of the society"(6). On top of Indonesia outlawing abortion, they also prohibit the

teaching of preventative measures to unmarried people. As a traditional country where sexual

actions should only be done when married, there is no education for those who do not abide by

those beliefs. In the eyes of Indonesian society, teaching unmarried citizens about the importance

of protection and safety would encourage more to partake in premarital sex. As a society based

on modesty, such actions would degrade the standards put in place. Education not only helps to

prevent unwanted pregnancies, but it also prepares women for potential fetal disabilities. Even in

wanted pregnancies, there is a risk of disability that could affect the fetus past the womb and

throughout a person's life. Natasha Statz-Geary, the Executive Managing Editor for the Columbia

Journal of Law & Social Problems talks about the importance of prenatal education by stating,

"Prenatal care can allow a woman to prepare for a child’s disability, reassure her that the child

will live, and enable prenatal interventions to remedy certain conditions"(134). Education is an

important part of pregnancy from conception to birth. While preparation is vitally important for

prevention and outcomes, the teaching should not stop there. Even after conception, there is
Haley 9

much to learn, and oftentimes, there is a lack of it. There are a lot of outcomes to pregnancy

including disability. The lack of education or knowledge of such results violates reproductive

health as the mother has every right to learn and decide for herself the outcome of her pregnancy.

Education is vital to preventing unwanted pregnancy, abortion, and other outcomes that may be

presented. While guidance should be available to all, many countries prohibit such opportunities

and still restrict procedures that should be readily accessible as a result of a lack of knowledge.

Restrictions on procedures and education do not only affect reproductive rights. In fact,

these policies alter many aspects of a person's life. Salehin conducted a study that analyzed the

correlation between restriction on reproductive rights and different aspects such as poverty,

economic status, and more throughout American states. The study found that states with more

restrictions on reproductive policies had a higher rate of females in poverty which directly

correlated to the number of teen pregnancies and birth rates (Salehin and Pillai 91). Often in

America, abortion becomes a moral and political issue. By restricting these procedures,

unwanted pregnancies lead to a change in everyday life. Suddenly there is another person to

feed, take care of, and worry about. Having extra expenses plummets some into poverty where it

is difficult to climb out. Teen pregnancies are also more common due to the lack of education

and financial status where protection may not be available. Just like in Texas, there is an influx in

unwanted pregnancies which leads to a worse financial status and a decrease in the quality of

people’s wellbeing. Steinfield proclaims that "If countries want to achieve a more socially just

and inclusive society that upholds human rights for all, abortion mandates and access need to be

assessed from a gender-perspective that includes consideration of women who struggle the most

in accessing this service landscape"(46). Right now, America and many other countries are

prohibiting women from the rights they deserve. The quality of society decreases and more fall
Haley 10

below the poverty line. The economy worsens as more women must provide for another human,

resulting in poverty and unemployment. Reproductive rights are human rights that must be

protected, not only for the wellbeing of the mother, but to ensure that people do not fall into an

already growing poverty hole.

The United States has overturned a law that once ensured the safety of women’s right to

abortion. This has sparked a revolutionary decision by France to ensure that the right to abortion

is a constitutional right. As the world becomes increasingly economically and politically

strained, there are a lot of uncertain decisions that can be made about human rights around the

world. A law that once brought hope and safety to women across America has now been taken

away. A once lively Ukraine has turned into a war zone. France saw these uncertainties and made

a different decision. George Wright, a reporter for BBC documents, “France has become the first

country in the world to explicitly include the right to abortion in its constitution”(npa). While

many countries protect the right to abortion and other health issues, nowhere in the world was

this right guaranteed. France’s monumental decision has ensured women that their bodies are

theirs, and a government can not regulate what decisions are made about them. There are many

arguments on why abortion should not be available, but “More than 50 years of international

psychological research shows that having an abortion is not linked to mental health problems,

but restricting access to safe, legal abortions does cause harm”(Bergman et. al 23). One of the

main discussions on abortion is the effect that such procedures have on a mother. It is often

claimed that abortion would cause mental issues, but that is not the case according to Bergman.

With France’s decision, the government is protecting the safety of the physical life of a woman,

but also her mental health. Abortion is a decision that is not often easily made, but having the

reassurance that the option is available makes the outcome less stressful.
Haley 11

With the overturning of Roe V. Wade in America, this decision has broadcast to the world

that no woman is protected fully in her reproductive rights. As one of the leading countries that

claims freedom for its citizens, this proves that these laws that once brought security can be

taken away without warning. Laura Slimani, from the Fondation des Femmes group states "This

right (to abortion) has retreated in the United States. And so nothing authorised us to think that

France was exempt from this risk,"(Wright npa). French lawmakers witnessed, and are currently

witnessing the outcome of Roe in America. This decision that France has made has encouraged

hope to women around the world that reproductive rights are able to be obtained and protected.

This new law ensures that the option of such procedures are available to all. For too long women

have lived without the security of concrete rights around the world. France has paved the way for

a new standard for women’s rights as a whole. Women are meant to have higher opportunities in

pay and more decisions over their reproductive rights in a growing and stable economy. The lack

of these opportunities often lessens the control over reproductive rights, and propels women into

poverty (Salehin and Pillai 81). Even in America where it is claimed that women have equal

rights to men, that is not true. There are pay gaps, work discrimination, societal standards, and

new developments like the Dobbs decision. This support that France has provided for women

will allow for more opportunities that will allow for the country to flourish. Women now know

that they have the options that will not be taken away. The French Prime Minister Gabriel Attal

proclaims "'We're sending a message to all women: your body belongs to you and no one can

decide for you,'"(Wright npa). France has provided hope around the world that what they have

just done can be accomplished elsewhere so women are able to decide for themselves. Caging

women’s reproductive rights is dehumanizing as everyone’s body should be free. France has
Haley 12

diminished these worries and have created a new standard for the importance of giving women

the right to choose.

While some may believe that abortion and reproductive freedoms are more harmful than

preventing them all together, there is evidence to prove that prohibiting such liberties harms not

only the mother, but healthcare providers and other parties involved. Countries with restrictive

policies on reproductive health do harm to many parties involved. Women do not have the right

to decide for themselves what is best for them. Families can experience hardships such as

financial troubles or moral issues. Doctors must follow the law even if those policies go against

the overall health and wellbeing of an individual. Bergman highlights the views of healthcare

workers stating that in the U.S., when prevented from providing patient care due to laws

restricting abortion, healthcare providers are more likely to experience "moral distress" because

they deem abortion a legitimate and important procedure (26). While this may not apply to all

healthcare providers, there are many instances where the law goes against the morals of a

practice. Abortion clinics, for example, are hurting in American states where abortion is

restricted. Allowing abortion enables women to make their own decision as well as permits

healthcare workers to do their job that they specialize in. By preventing abortion, this is taking

away practices where workers depend on those jobs. It is causing some healthcare workers to go

against their morals to uphold the laws, even if they believe that the law will harm a mother. This

is especially true when "States are alleged to specifically target abortion providers by imposing

regulations, requirements, procedures, and protocols which are often unnecessary, to make

women’s access to abortion providers difficult and burdensome"(Salehin and Pillai 82). These

policies were put in place before the overturning of Roe. By imposing such regulations, this

makes it harder for women to obtain proper care. This in turn decreases the patient care and
Haley 13

harms the stability of a practice and the providers. These laws and policies cause a chain reaction

that affects a much larger pool than just the woman involved in these decisions.

Some may argue that abortion is harmful, but as stated before, abortion is one of the most

common procedures carried out annually. The harm does not come with having a government

regulated abortion, the harm comes when the abortions are done by unreliable and unsafe people.

With many countries that restrict the access to abortion, many "people seeking abortions turned

to medically unsafe abortions, risking severe infection, injury, and even death"(Bergman et al.

17). These risky procedures are more dangerous than allowing government regulated safe

abortions. By not allowing access to this care, women are desperate in getting any procedure

possible, even when it is unsafe. These operations, when conducted unsafely, cause a multitude

of problems that can lead to death. In order to save a life by outlawing abortion, another life

could be taken away because of those decisions. The legal decisions regarding reproductive

rights affect a much larger pool of people than just the woman involved. Restricting abortion

leads to loss of jobs, emotional stress, and a decision that may not be voluntary.

Restricting the reproductive rights of women is detrimental to their health, well being,

and freedom. It has been far too long since women have been given the express right to choose

for themselves instead of men dictating decisions for them. Reproductive rights are important to

obtain due to the issues in America, around the world, the lack of sexual education, and the

future of rights led by France. The world as a whole has a long way to come in the equality of

rights. Women die everyday due to unsafe abortions. Unwanted pregnancies are conceived every

day due to the lack of sexual education. The lives of women and the people surrounding them are

repressed every day due to restrictive policies in countries around the world. Topics such as

abortion should not be a matter of moral issues, but a matter of protecting and ensuring the safety
Haley 14

of women. France has made a monumental decision that hopes to spark more policies in

countries around the world. Women are not numbers or statistics, they are humans. It is time

lawmakers view them as such instead of discussing the issues of reproductive rights without the

insight of women who have gone through such experiences. Reproductive rights, health, and care

are vital to the survival and prosperity of women around the world. These rights must be

protected for every human on the planet, women and men included.
Haley 15

Work Cited

Bergman, Mindy E., et al. "The Dobbs Decision and the Future of Occupational Health in

the US." Occupational Health Science, vol. 7, no. 1, 2023, pp. 1-37. ProQuest,

http://search.proquest.com.ezproxy.hacc.edu/scholarly-journals/dobbs-decision-future-o

ccupational-health-us/docview/2920959238/se-2,

doi:https://doi.org/10.1007/s41542-023-00143-1.

Clarke, Rachel. "Rachel Clarke: Are Women's Reproductive Rights Safe in the UK?" BMJ :

British Medical Journal (Online), vol. 379, 2022. ProQuest,

http://search.proquest.com.ezproxy.hacc.edu/scholarly-journals/rachel-clarke-are-wome

n-s-reproductive-rights/docview/2739545934/se-2,

doi:https://doi.org/10.1136/bmj.o2789.

Ngema, Nqobizwe M. "Regulation of Abortion and Distribution of Contraceptives in the

Context of Indonesia's Human Rights Obligations." Perspectives of Law and Public

Administration, vol. 12, no. 4, 2023, pp. 582-589. ProQuest,

http://search.proquest.com.ezproxy.hacc.edu/scholarly-journals/regulation-abortion-dist

ribution-contraceptives/docview/2919872918/se-2.

Salehin, Mashooq, and Vijayan K. Pillai. "Social Development and Abortion Policies in the

United States: State-Wise Variations." Social Development Issues, vol. 44, no. 3, 2022,

pp. 73-103. ProQuest,

http://search.proquest.com.ezproxy.hacc.edu/scholarly-journals/social-development-abo

rtion-policies-united/docview/2870113974/se-2.

Statz-Geary, Natasha. "Making it Right: Preserving Wrongful Birth After Dobbs." Columbia

Journal of Law and Social Problems, vol. 57, no. 1, 2023, pp. 113-160. ProQuest,
Haley 16

http://search.proquest.com.ezproxy.hacc.edu/scholarly-journals/making-right-preservin

g-wrongful-birth-after/docview/2901525450/se-2.

Steinfield, Laurel, et al. "An Examination of Legality of Global Abortion Services and the

Genesis of Public Policy." Business and Politics, vol. 25, no. 1, 2023, pp. 34-52.

ProQuest,

http://search.proquest.com.ezproxy.hacc.edu/scholarly-journals/examination-legality-gl

obal-abortion-services/docview/2780704095/se-2,

doi:https://doi.org/10.1017/bap.2022.23.

Wright, George. “France Makes Abortion a Constitutional Right.” Bbc.com, BBC News, 4

Mar. 2024, www.bbc.com/news/world-europe-68471568. Accessed 5 Mar. 2024.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy