Garbhapaat which is the hindi word for abortion, Is a student lead initiative highlighting reproductive rights through different lenses. we focus on researching on abortion care in different socio-political situations and community outreach projects on reproductive healthcare!
Aditi 1: Hey there, listeners! Welcome back to another episode of Right2Choose, a mini-series here on the Fight4Rights podcast, brought to you in collaboration with Garbhapaat, a student-led initiative focusing on reproductive rights. I'm your host, Aditi.
Sara 1: And I'm your co-host, Sara! Today, we're diving into a topic that has sparked significant debates and movements worldwide: the constitutionalization of abortion rights. We'll be exploring the impact of France making abortion rights a constitutional right. So, let's get started!
Aditi 2: Absolutely, Sara! The French effort to constitutionalize abortion rights was a direct response to the US overturning Roe v. Wade. While abortion has been legal and decriminalised in France since 1975, a staggering 85% of the public believed it should be enshrined in the constitution. Prime Minister Gabriel Attal justified this decision by highlighting that the right to abortion remains vulnerable without constitutional protection.
Sara 2: And why is this shift so important, you may wonder? Well, for starters, it becomes much harder for decision-makers to pass laws that restrict access when they are expected to adhere to the constitution. Changing the constitution itself is a daunting task in France, requiring both houses of parliament to adopt the amendment in identical terms and secure a majority or supermajority in the French Congress. Supporters hope this move will have a domino effect throughout Europe and encourage the addition of abortion rights to the European Charter of Fundamental Rights.
Aditi 3: That's right, Sara! Now let's shift our focus to the United States. In the US Constitution, the Supreme Court has consistently recognized the right to abortion as a fundamental liberty protected by the Fourteenth Amendment. However, on June 24, 2024, the court overturned Roe v. Wade, giving states the freedom to impose bans or restrictions on abortion within their borders. The court replaced the trimester framework of Roe with an "undue burden" standard to assess the constitutionality of state abortion regulations.
Sara 3: The "undue burden" standard comes into play when a state's restriction on abortion purposefully or effectively creates a substantial obstacle for individuals seeking abortions, particularly for non-viable foetuses. To strike down these statutes, the person seeking an abortion must prove to the court that they face an undue burden. However, the lower courts' application of this standard has been problematic.
Aditi 4: Absolutely, Sara. Commentators argue that the "undue burden" standard lacks clear guidelines and can be easily manipulated by judges, leading to inconsistent rulings. This ambiguity renders the standard practically useless. Opponents of the new standard fear that it could pave the way for further erosion of abortion rights in different states in the near future.
"The only alternative to abortion is childbirth, which has a 14-fold higher risk of death than that of abortion," reads an essay from American University, Washington. Therefore, states are compelling people to bear a substantial medical risk against their will when they deny them access to an abortion that they choose. Maternal mortality rates are expected to climb significantly, according to a recent Colorado study. This is concerning because Black women already have an unacceptablely high risk of death while childbearing. Turn Away study research revealed further harmful effects of being refused an abortion that one desires.
Sara 4: It's worth noting that the original Roe v. Wade case, filed by a group of Texas lawyers including Sarah Weddington and Linda Coffee, and the legal battle boiled down to one simple question, are these abortion bans constitutional? . In 1973, the Supreme Court ruled that these bans were unconstitutional and recognized a pregnant person's right to abortion. This one example shows how the constitutionalization of abortion rights explicitly helps protect them better too!
Aditi 5: Interestingly, according to the Center for Reproductive Rights, only a few countries, such as Cape Verde, Cuba, Guyana, and South Africa, explicitly recognize the right to abortion in their constitutions.
Sara 5: That's a significant point, Aditi. The landscape surrounding abortion rights in the United States and around the world is constantly evolving, with new legal cases and opinion groups emerging. It's vital for individuals to stay informed and engaged in conversations surrounding abortion rights and their constitutional rights, both globally and locally.
Aditi 6: Absolutely, Sara. While there is no foolproof way to set abortion rights in stone, explicitly stating them as a fundamental liberty in constitutions brings us one step closer. We hope this episode has shed light on the importance of constitutional rights in the fight for reproductive rights.
Sara 6: Thank you all for joining us on this insightful episode of Right2Choose. Remember to stay informed, stay engaged, and keep fighting for the rights that matter to you. Until next time!
Aditi 7: Take care, everyone!
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