Abandoning Women to Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights

Authors

Rebecca A. Spence, University of Maryland School of Law

Abstract

The article argues that feminist jurisprudence has neglected the critical issue of birthing rights, failing to integrate them into legal scholarship and education. This omission leaves women vulnerable to violations of their autonomy and dignity during childbirth, as courts and legislatures often prioritize fetal interests and medical authority over women's rights. The article emphasizes the need for a more robust legal framework that protects women's rights to make autonomous decisions about their care, including access to midwifery and the right to refuse medical interventions.

Disciplines

Jurisprudence | Law | Law and Gender

Recommended Citation

Rebecca A. Spence, Abandoning Women to Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, 19 Cardozo J. Equal Rts. & Soc. Just. 75 (2012).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol19/iss1/5