Roe V Wade and the Global Whirlwind Implications on Women’s Reproductive Rights

Abstract

The quest for women to gain autonomy over their bodies in the exercise of their reproductive rights has been a long and arduous fight. Beginning from the ICPD where reproductive rights were elevated to a global pedestal and recognized as rights worthy of protection, state parties have signified devotion to the protection of these rights by diverse means. While some directly enacted laws to demonstrate their dedication, others resorted to amending the already existing laws to reflect their willingness to protect reproductive rights. This has seen the courts in many of such countries adjudicating in line with the legislative reforms in other to give women the power to enforce their reproductive rights. The case of Roe v. Wade has been a leading influence in giving women back the right to body autonomy. Thus the shocking overruling of the decision in that case has left many questioning the fate of women all over the world. This paper adopts the doctrinal methodology and involves an examination of the Roe case along with theoretical analysis of information necessary to answer pertinent questions arising from the overruling of the decision; it further intricately examines the implications of the overturning of the decision in this case as well as highlighting the inevitable consequences there from. This paper finds that the overruling holds dire repercussions for not only the women’s rights to safe abortion but also the reproductive rights of women generally. This paper concludes that the law should be used as a tool to protect and not to deny rights and the courts should be void of sentiments in the discharge of their duty to interpret the law.

Keywords: Abortion, Reproductive Rights, Women’s rights, Body Autonomy

DOI: 10.7176/JLPG/141-09

Publication date: April 30^th 2024