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Abortion Rights Beyond the Medico-Legal Paradigm
Articles, Book Chapters, & Popular Press
  • Mariana Prandini Assis, Health Law Institute, Schulich School of Law, Dalhousie University (Postdoctoral Fellow)
  • Joanna Erdman, Dalhousie University Schulich School of Law
Document Type
Article
Publication Date
1-1-2022
Keywords
  • Abortion Rights,
  • Reproduction Rights,
  • Self-Managed Abortion,
  • Human Rights,
  • Decriminalization,
  • Abortion Law,
  • Medico-Legal Paradigm,
  • Feminist Activism
Abstract

Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation of the abortion field. Abortion rights as reimagined in SMA activism increasingly feature in human rights agendas related to structural violence and inequality, collective organising and international solidarity, and democratic engagement.

Creative Commons License
Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International
Citation Information
Mariana Prandini Assis & Joanna Erdman, "Abortion Rights Beyond the Medico-Legal Paradigm" (2022) 17:10 Global Public Health 2235.