Theorizing Time in Abortion Law and Human Rights

Area of Science:

• Human Rights Law
• Reproductive Health Policy
• Bioethics

Background:

• Legal regulation of abortion by gestational age is an undertheorized aspect of abortion and human rights.
• Struggles over abortion law involve ethical, political values, authority, and power, central to human rights.
• Existing legal frameworks often fail to adequately address the complexities of abortion timing and access.

Purpose of the Study:

• To analyze the dimensions of morality, health, and justice in the legal regulation of abortion by gestational age.
• To explore the human rights implications of varying legal approaches to abortion timing.
• To propose evidence-based and rights-centered recommendations for abortion law reform.

Main Methods:

• Qualitative analysis of legal and ethical literature on abortion and human rights.
• Examination of case law and policy documents related to gestational age limits for abortion.
• Ethical and rights-based argumentation to frame the issues of morality, health, and justice.

Main Results:

• Morality: Upholding the moral judgment of pregnant women regarding decisions about pregnancy progression and later abortion is crucial.
• Health: Abortion law, functioning as health regulation, must be evidence-based to dismantle stigma and reduce overregulation and access barriers for later abortions.
• Justice: Safe, legal, and accessible abortion services must be available for later-term procedures, while also addressing structural factors impacting timely decision-making and early access.

Conclusions:

• Trusting pregnant women's moral judgment is essential for ethical abortion regulation.
• Evidence-based health policies are needed to ensure safe and equitable access to abortion, particularly later in pregnancy.
• Achieving justice in abortion requires addressing systemic barriers to early access and ensuring safe options for all.