Reproductive Justice

As Jos just highlighted on the main Feministing page, the Nelson-Hatch-Casey amendment concerning abortion has been defeated. The US health care reform legislation has spurred much debate on the issue of abortion and abortion rights. This is not to be confused with women’s rights – though Senator Boxer has taken this on in a recent speech before the senate, few others have framed the subject in the same light. The question of how a debate is framed is a side note with huge potential impact – saying this legislation is an issue of “the unborn child” is very different from language that makes the interests of the woman a primary concern.

The Senate voted Tuesday (12/7/09), rejecting the amendment to legislation that would tighten restrictions around abortion:

The Senate voted, 54 to 45, to kill an amendment offered by Sen. Ben Nelson (D-Neb.) to reinforce a long-standing ban on federal abortion funding. Critics said that the amendment, which was included in the House healthcare bill, would go too far and curb access to abortion coverage even if women bought insurance with their own money.

The vote was a triumph for abortion rights forces and laid bare divisions among Democrats: Seven of them joined most Republicans in backing the antiabortion amendment.” (Emphasis mine)

This vote looks to protect the right to reproductive health, not the right to all choice. Even with this legislation defeated, women are left with the obstacle of deciding whether or not to pay for elective insurance that would cover abortion.

The question of rights and the framework of the debate are highlighted with a somewhat similar debate in Ireland. The Irish Republic’s laws mandate it is illegal to have an abortion unless a woman’s life is in danger. The constitution was revised in 1983 to include a “Pro-Life Amendment” asserting the rights of the fetus to life from the moment of conception. These laws are being called into question by citizens who state “the effective ban on abortion in Ireland violates the European Convention on Human Rights.” The trial is before the European Court of Human Rights in Strasbourg, France. The Irish Republic contests the case, as it asserts it has a sovereign right “to protect the life of the unborn.” This case has much broader implications for the governing rights of states in the EU as they figure out what their new laws regarding the Lisbon Treaty (which made the supranational governing powers of the EU much stronger) really mean. The idea that a supranational body can tell a country what it can do about their treatment of women in respect to abortion is compelling. The fact that such a decision is based around International Human Rights redefines the framework of the debate, whether national or international.

Sources:

  “Senate Democrats reach healthcare deal on ‘public option’”

http://www.latimes.com/news/nation-and-world/la-na-health-senate9-2009dec09,0,7688557.story

“Ireland’s abortion law challenged in European court” http://news.bbc.co.uk/2/hi/europe/8403013.stm