An Analysis of the Current State of Abortion right in the United States of America

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Assistant Professor of Law, Shahid Bahonar University, Kerman, Faculty of Law and Theology, Department of Law.

10.30465/ws.2025.47760.4028

Abstract

The abortion rights movement in the United States has been influenced by two discourses including the "pro-choce movement" and the "Pro-life movement". In this article, In order to discuss the historical context of the abortion rights movement in the United States from the perspective of civil rights, the case study method with emphasise on text analysis technique was applied to study54 documents. The findings showed that the central theme of the of the "pro-choice movement" is the right to bodily autonomy, which in accordance with international human rights instruments supports women's bodily autonomy, therefore criminalizing abortion does not recognize women’s bodily autonomy and women's decision-making. Against, "pro- life movement" whose central point is to emphasize morality, the right to life of the fetus and criminalizing the abuse of the fetus. The findings indicate that attention should also be paid to the rights of the fetus and the elimination of violence against it. In addition, it is necessary for other countries to decide on the intervention of the government in the matter of fertility by referring to their context and social background. Because interference without regard to cultural and social requirements will have serious consequences for society, family and women's health.

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History

  • Receive Date: 22 December 2023
  • Revise Date: 08 April 2024
  • Accept Date: 20 April 2024

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