Abortion Laws: Civil Liberties Under Attack

Abortion laws violate civil liberties by interfering with a person's right to make personal decisions about their body and their future. The American Civil Liberties Union (ACLU) has long fought for reproductive freedom, recognising that laws against abortion might involve civil liberties. The Supreme Court's Roe v. Wade decision in 1973 secured a woman's right to abortion, but since then, extremist politicians have tried to take that decision away from women. In some states, politicians are pushing through laws that ban most abortions, while others are attempting to shut down health centres that provide essential reproductive health services, including abortion care. These abortion restrictions particularly impact those who are poor or from marginalised communities, creating barriers to accessing safe abortions and violating their civil liberties.

The right to privacy

Abortion laws that criminalize or heavily restrict the procedure violate the right to privacy by intruding on an individual's personal medical decisions. The right to privacy includes the expectation that personal medical choices, such as whether or not to continue a pregnancy, will remain confidential and free from government intervention. By enacting laws that prohibit or severely limit abortion, the state infringes on this privacy right, asserting control over a deeply personal decision.

Additionally, the digital age has brought new challenges to privacy in the context of abortion. With the vast collection and sharing of personal data, there is a risk of sensitive information being used against individuals seeking abortions. This includes location data, which can reveal visits to reproductive health clinics, as well as online search histories and period-tracking app data. To protect individuals' privacy, some states in the US, such as Washington, Connecticut, and New York, have instituted privacy laws to shield location data and other personal information related to reproductive health choices.

The violation of privacy rights due to restrictive abortion laws has sparked efforts to strengthen privacy protections. This includes legislative attempts to regulate companies that buy and sell data, as well as initiatives by tech companies to protect sensitive health data. However, the lack of comprehensive federal privacy laws in some countries, such as the US, leaves individuals vulnerable to data being used against them in abortion-related investigations.

The right to bodily autonomy

Bodily autonomy is the power of women to make choices about their own bodies without facing coercion or violence. It is a basic human right that allows individuals, especially women, to have control over their fertility and reproductive health. This includes the right to make autonomous decisions regarding sex, contraception, and healthcare.

Abortion laws that restrict or criminalize the procedure directly violate the right to bodily autonomy. By compelling women to continue non-viable pregnancies or forcing them to leave the country to terminate pregnancies, these laws infringe on their recognized human rights. The criminalization of abortion creates a "chilling effect", deterring healthcare providers from offering the best care options and patients from seeking post-abortion care for fear of criminal liability.

The impact of denying access to abortion

Denying women access to abortion has significant negative outcomes on their lives. Research has shown that being denied an abortion leads to higher levels of anxiety and lower self-esteem. It also impacts their education and economic opportunities, affecting everything from the number of years of schooling completed to their earning potential.

The ACLU's stance on abortion laws and bodily autonomy

The American Civil Liberties Union (ACLU) has long advocated for reproductive freedom, recognizing that abortion laws violate the right to bodily autonomy. Dorothy Kenyon, a board member of the ACLU, argued that women must have the "right to choose what shall happen to their bodies". Despite initial resistance, the ACLU eventually adopted a policy calling for the repeal of all criminal penalties for abortions, affirming that abortion laws infringe on civil liberties.

Global trends in abortion laws and bodily autonomy

While some countries, like the United States, Poland, and Nicaragua, have increasingly restricted or banned abortion, nearly 50 countries have liberalized their abortion laws in recent decades. This shift recognizes the importance of protecting women's bodily autonomy and their right to make decisions about their own bodies.

The right to make decisions about family

The Supreme Court has consistently recognised that the concept of liberty includes the right to make intimate decisions about family, relationships, bodily integrity, and autonomy. The right to abortion falls within this spectrum of essential rights.

The Right to Self-Determination in Childbearing

In the 1950s, ACLU board members Dorothy Kenyon and Harriet Pilpel introduced their male colleagues to the idea that laws against abortion might violate civil liberties. Kenyon argued that women must have the "right to choose what shall happen to their bodies". She believed that women should have the right to control their own bodies and make decisions about their pregnancies.

The Right to Privacy

In the 1960s, Melvin Wulf, the ACLU's assistant legal director, argued in Poe v. Ullman that laws against birth control violated the right to privacy. He considered using similar grounds to challenge laws against abortion.

The Right to Bodily Autonomy

Everyone has the right to bodily autonomy, which includes the right to make autonomous decisions about their reproductive life. Forcing someone to carry an unwanted pregnancy or seek an unsafe abortion is a violation of their human rights, including the rights to privacy and bodily and reproductive autonomy.

The Right to Be Free From Political Interference

The ACLU works to ensure that individuals can make decisions about whether and when to have children without undue political interference. However, laws that restrict access to abortion and reproductive health services infringe on this right.

The right to control one's own body

Abortion laws that criminalize, stigmatize, or place restrictive barriers on accessing abortion services directly violate this right to bodily autonomy. These laws infringe on the ability of individuals to make private and personal decisions about their bodies and their reproductive health. For example, in some countries, such as the United States, Sierra Leone, Poland, and Morocco, abortion is criminalized, and those who seek or assist in the procedure face legal consequences. Even in places where abortion is legally permitted, social stigma, religious influences, and the cost of accessing services can create significant barriers.

The impact of these laws and social barriers falls disproportionately on those from marginalized communities, including low-income individuals, refugees, migrants, LGBTIQ+ people, and racialized and Indigenous people. They are often faced with additional challenges in accessing safe and legal abortion services, further exacerbating existing inequalities.

The criminalization and stigmatization of abortion not only violate the right to bodily autonomy but also endanger the health and lives of those seeking abortions. It pushes people towards unsafe abortion practices, which can have fatal consequences, including maternal deaths and disabilities.

By restricting access to abortion, individuals are being denied their right to make private decisions about their bodies and their future. It is a violation of civil liberties that has profound impacts on the lives and well-being of those affected.

The right to be free from discrimination

Abortion laws violate civil liberties by restricting the right to be free from discrimination. This includes discrimination on the basis of gender, race, and socioeconomic status.

Gender Discrimination

Abortion restrictions disproportionately affect women and girls, violating their right to equality and freedom from discrimination. By denying them access to reproductive healthcare, abortion laws subject women and girls to harmful stereotypes and infringe upon their right to bodily autonomy and self-determination. This has been recognised by multiple UN treaty bodies.

Racial Discrimination

Abortion restrictions also disproportionately impact racial and ethnic minorities, violating their right to be free from racial discrimination. In the US, communities of colour, especially Black communities, are disproportionately affected due to the heightened policing of these communities under the "war on drugs". The criminalisation of abortion further entrenches systemic racism and discrimination within the healthcare system.

Socioeconomic Discrimination

Abortion restrictions have a disproportionate impact on individuals from low-income backgrounds, who may not be able to afford the costs associated with accessing abortion services, such as travel expenses and accommodations. This creates a vicious cycle of poverty and marginalisation, reinforcing existing inequalities and violating the right to equality and non-discrimination.

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