Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the intersection of disability rights and reproductive rights, highlighting the legal confusion and human rights violations that arise from the lack of comprehensive federal guidance on the sterilization of individuals with disabilities. While landmark Supreme Court decisions like Griswold v. Connecticut and Roe v. Wade established constitutional protections for reproductive autonomy, the legacy of cases such as Buck v. Bell and inconsistent state statutes continue to undermine the rights of individuals with disabilities. The article argues that the absence of clear legislative frameworks leaves vulnerable populations at risk of exploitation and discrimination, necessitating urgent reform to ensure equal protection and bodily autonomy.
Disciplines
Civil Rights and Discrimination | Human Rights Law | Law | Law and Gender | Legislation | Medical Jurisprudence | Sexuality and the Law
Recommended Citation
Mindy K. Fersel,
Liberty and Justice for All? Protecting the Right to Privacy for Incapacitated Individuals: The Need for Comprehensive Sterilization Legislation in All Fifty States,
20
Cardozo J. Equal Rts. & Soc. Just.
827
(2014).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol20/iss3/11
Included in
Civil Rights and Discrimination Commons, Human Rights Law Commons, Law and Gender Commons, Legislation Commons, Medical Jurisprudence Commons, Sexuality and the Law Commons