The control of women’s and gendered bodies through the law is evident in the regulation of abortion, contraception, and rorced sterilisation. Analyse. one of these topics in light feminist theories and relevant cases The notion that the control of women’s and gendered bodies through law Is evident in the regulation of abortion can be undertaken in several ways. Women are moulded by society the same way that opinions surrounding abortion and women’s bodies are moulded by soCiety.
The control of women’s bodies has been regulated in many ways, one of which is abortion. In the book Abortion wars by Judith Orr, she mentions that the “view of women as mothers and carers is deeply embedded in the way society Is organised. This is showing how women are moulded by SOCiety and the way in which they should act and do things. This includes abortions which are rarely seen as a “positive thing” as women are seen as “gentle givers of life”. This showS that their bodies are supposed to produce lives not take them away. Many feminists, especially radical feminists believe that the law is an instrument for the male to oppress the Women. They also believe that changing the law won’t help, so the only Way to aDolisn tne Oppression or women is Dy cnalenging existing social norms and structure.
Therefore, radical feminists would say that abortion needs to be seen as a women’s choice, not a choice that is already predestined by the law, as this shows that there isa control over women and gendered bodies. This view would however contradict what liberal feminists think as they see the law as a tool to gender equalty. in the case P. and s. V. Poland -57375/08, a 14 year old became pregnant after being raped and wished to get an abortion. At the hospital she was given contradictory information about the abortion and was bought to a priest Without her or her mothers consent where he gave her his number and received text messages from him and others trying to convince her to change her mind. They moved from hospital to hospital as they were unable to find a doctor wiling to pertorm the procedure and they were diso ndrassed Dy antl-abortion activIsts. This shows that the girl did not dve the reedom to choose what she does with her body therefore proving that the control of women’s bodies through the law is evident in the regulation of abortion.
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Abortion can often be seen as the option for some women as they don’t have a support network or the financial needs to raise a child. In the article Challenging Dominant Discourses on Abortion From a Radical Feminist Standpoint, Gilbert and Sewpaul refer to Williams and shames (2004) where they “found that financial constraints, and women’s concerns about their inability to provide adequately for the child, were major push factors toward abortion.” Women are socially constructed to get pregnant, give birth and provide child care which shows how their bodies are being controlled. While men can ignore all responsibilities to their child by simply walking awa and not providing financial support, Women don’t have this chance to easily walk away, and they are left with the consequences. It shows the inequality as men can do as they please, but women are not as abortion is seen as negative and is controlled heavily by the law. The centre for reproductive rights published that only 36% of women of reproductive age live in countries that allow abortion on request, which can be considered quite a low percentage. This statistic shows that 64% of women of reproductive age don’t have free will when choosing what to do with their bodies.
Which further shows that the control of women’s and gendered bodies through law is evident in the regulation of abortion. It is also recorded that only 14% of women od reproductive age live in countries that allow abortion to save the life of the woman. This number is exceptionally low which further shows that woman truly don’t have control over their bodies, as many are unable to choose what they do with their body even when it comes to them living or dying. In the case Tysiac v. Poland, a Polish woman who was severely visually impaired was denied an abortion to protect her physical health. Many doctors concluded that the pregnancy and delivery could cause serious health risks, but they refused to issue a certificate for the abortion. The woman had no choice but to carry the baby to term.
After the delivery, “the applicant’s eyesight badly deteriorated due to haemorrhages in her retina.” In her case, corrective surgery was not an option and now faces a serious risk of blindness, while trying to raise 3 children on her own. The European Court on Human Rights issued wits ruling in March 2007, it said that the Polish government had failed to fulfil its positive obligation, under article 8 to ensure the applicant’s right to respect for her private life. The woman didn’t have a choice on what happened to her body as her body was controlled by the doctors who refused to perform the abortion, which goes to show just how much control of women’s bodies through the law is evident in the regulation of abortion. On the contrary to this, the control of women’s and gendered bodies through the law may not be evident through abortion as some women don’t agree with abortion, many women are pro-life rather than pro- choice. Women that disagree with abortion wouldn’t see abortion as a way to control women’s bodies but as a procedure which takes life.
Karissa Haugeberg wrote the book Wor Moral Reform Movement of the Twentieth Century where she examines women in the American anti-abortion movement. “Catholic physicians called their state legislators to warn that abortion was murder”. They are against abortion not to control women’s bodies but to protect the life of a foetus. These women who are pro-life don’t see abortion as a way control women’s bodies rather they see the laws against it as ethically correct. Post-modern feminists reject radical feminists’ essentialism and say that if a universal truth is applied to all women in the society, it would minimise the personal experience of women. This goes to show that not all women are alike and some may see the laws against abortion as enlightening and virtuous whereas other may not.
From a post-modernists perspective, women shouldn’t all have to believe the same thing including beliefs about abortion laws and the control it has over their bodies. en against abortion: Inside the Largest In the magazine Ms. Elizabeth Hira mentions what Ruth Bader Ginsburg said in her 1993 confirmation hearing where she explained to the senate committee “The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When Government controls that decision for her, she is being treated as less than a fully adulty human responsible for her own choices.” She is showing that by controlling someone’s body they are then also controlling that person’s life. Sally Sheldon 1997, pg 43 Anything underlined means that it is subject to change as I feel that there could be something better to write than what I have written.
Bibliography
- Center for Reproductive Rights. 2021. Tysiac v. Poland (European Court of Human Rights) Center for Reproductive Rights. [online] Available at:<https://reproductiverights.org/case/tysiac-v-poland-european-court-of-human-rights/> [Accessed 17 December 2021].
- Gilbert, I. and Sewpaul, V., 2014. Challenging Dominant Discourses on Abortion From a Radical Feminist Standpoint. Affilia, [online] 30(1), pp.83-95. Available at: chttps://www.researchgate.net/profile/Vishanthie-Sewpaul/publication/270678778_Challenging_Dominant_Discourses_on_Abortion_From_a_Radical_FeministStandpoint/links/55d4e25008ae6788fa35278c/Challenging-Dominant-Discourses-on-Abortion-From-a-Radical-Feminist-Standpoint.pdf?origin-publication_detail>.
- Haugeberg, K., 2017. Women against abortion. Urbana [lirPress.Hudoc.echr.coe.int. 2021. HUDOC- European Court of Human Rights. [online]
Available at: <https:/hudoc.echr.coe.int/fre?i-002-7226> [Accessed 16 December2021]. - Maps.reproductiverights.org. 2021. The World’s Abortion Laws Center forReproductive Rights. [online] Available at:<https://maps.reproductiverights.org/worldabortionlaws> [Accessed 17 December 2021].
- Orr, J., 2017. Abortion wars. Bristol: Policy Press, pp.108-109.Williams, J. C., & Shames, S. L. (2004). Mother’s dreams: Abortion and the high
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