Ludovica Poli

The US Supreme Court’s Ruling in Dobbs v. Jackson: A Judicial Restraint Violating Fundamental Rights of Women

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

Abstract

The US Supreme Court’s ruling in Dobbs v. Jackson has been celebrated as a major success by prolife movement in USA, while pro-choice activists – along with human rights experts – consider it a serious attempt at the full enjoyment of women’s reproductive rights. After having analyzed the main elements of the judgement – also in light of the Supreme Court’s main precedents (Roe v. Wade and Planned Parenthood v. Casey) – the paper argues that its main limit is the renounce to identify a fair balance between individual rights and State’s interests, which is deemed necessary in a pluralist and democratic society. Opening the door to many anti-abortion regulations, the judgement is in contrast with human rights law, which – at least in some circumstances – guarantees the right to have access to safe abortion.

Keywords

  • abortion
  • reproductive rights
  • viability line
  • moral pluralism
  • fair balance
  • democracy

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat