Why reproductive rights?

artemisia's picture
words by artemisia posted December 30, 2005 - 8:58am

Having engaged in this debate at blogs all over the internets, most recently at Media Girl, I feel the need to put forth a basic primer on why women have a fundamental right to terminate pregnancies if they choose. So let's start with the basics.

At the cornerstone of western philosophy, morality, and jurisprudence is the concept of individual sovereignty. It is the notion that free individuals have the fundamental right to self determination, the right to go about their lives and choose their courses of action without interference.

Because all individuals are imbued with that fundamental right, it is a fundamental principle that your right to to swing your arms ends at the tip of my nose. In other words, you are free to do whatever you want, so long as it doesn't hurt others.

Those who are against a woman's right to choose recognize this. They argue that once conception occurs a sovereign individual has been created that has its own right to existence. Unfortunately, they stop there. The anti-choice position is that a woman's right to do what she wants with her own body ends at the moment her action causes harm to the sovereign individual in her uterus. Thus, not only does a woman not have a right to terminate her pregnancy, but she also doesn't have the right to engage in any behavior that could harm the sovereign individual inside her. Hence you see supporters of this position also urging incarceration of pregnant women who drink or use drugs.

However, this notion that a sovereign individual is created at conception is fundamentally flawed. Even conceding, for the sake of argument, that human life begins at conception, it does not follow that this new life is imbued with a fundamental sovereignty, a right to life, at that moment. Indeed, very basic precepts of western philosophy, morality, and jurisprudence indicate that this fundamental right to life does not begin a conception.

Inherent to individual sovereignty is the recognition that an individual has domain over their own body. A corrollary to the principle that "your right to swing your arms ends at the tip of my nose" is the concept of consent. Your arms can only have contact with the tip of my nose if I give my consent. An individual is not required to give up any part of their body without consent. Thus, your right to life ends at the moment you require the use of my kidney to live. I may choose to donate my kidney, or the temporary use of it, to you but the law cannot require me to do so. No individual has a greater right to my own body than me. At the moment you have a greater right over my body than I do, I am enslaved.

Thus, even conceding for the sake of argument that life begins at conception, the right to life only begins at the moment an individual can survive without the biology of another sovereign individual. While i can donate my blood and organs for the use of another, they cannot be taken from me, or used by another, without my consent. To insist otherwise is to deny my sovereignty.

Continuing a pregnancy to term must therefore be voluntary. For so long as the fetus is dependent on the biology of a woman in order to survive, it has no independent right to life. The giving of her own biology is a wonderous gift that a woman gives to an emerging life. But it is a gift that must always be given voluntarily, with the consent of the woman. To deny a woman the right to withdraw her consent, to deny her the right to maintain her bodily sovereignty and keep her biology only to herself, is to enslave her.

Those who would deny a woman the right to terminate a pregnancy deny that woman's sovereign right to control her own body.


bayprairie's picture
Comment by bayprairie posted December 30, 2005 - 5:29pm

Excellent post!!!!!

In it Artemisia states:

However, this notion that a sovereign individual is created at conception is fundamentally flawed.

i would like to add an illustration of what happens when "fundamentally flawed notion" leads to laws that assign full human rights to a fetus. The link is to the Testimony To The South Dakota Task Force To Study Abortion of Lynn M. Paltrow, J.D., Executive Director of National Advocates for Pregnant Women, in which she illustrates perfectly the dangers of basing law on flawed logic.

Now, I'll do a little advertising for the National Advocates of Pregnant Women but please don't neglect reading Ms. Paltrow's testimony if you have the time.

National Advocates of Pregnant Women has a vision of a world where women enjoy full personhood and where neither pregnancy nor drug use serve as an excuse to dehumanize and punish select groups of people. Our mission is to secure the human and civil rights, health, and welfare of pregnant and parenting women while protecting children from punitive and misguided state policies. We advocate on behalf of all women, especially those who are most marginalized: women of color, low-income women, and women who use drugs.

NAPW uses a variety of strategies, from litigation and public education to organizing on the local and national level, to ensure that:

  • Women do not lose their constitutional and human rights as a result of pregnancy
  • Pregnant and parenting women have access to a full range of reproductive health services, as well as non-punitive drug treatment services
  • Children are not needlessly and traumatically separated from their families on the basis of medical misinformation or prejudice
  • A woman's right to choose is not compromised or taken away altogether as a result of legislative efforts or so-called "fetal rights"-based laws or litigation
  • The war on drugs is not expanded under the guise of fetal rights, children rights, or family protection

By focusing on the rights of pregnant women, including those who are continuing their pregnancies to term, we are simultaneously expanding the reproductive rights movement and promoting drug policy and criminal justice reform. By identifying the common features of the war on reproductive rights-including the right to safe, legal abortion-with the war on drugs and the war on low-income people, we hope to foster collaboration and cohesion for effective advocacy among a far-reaching coalition of social justice organizations. By building on our shared interests we advance not only the rights of women, but also the broader struggle to end discrimination and to promote human rights and the public welfare.

another valuable link:

What the Democrats Should Do

The Democratic National Party is reevaluating its position on abortion. Some members are suggesting that democrats should move away from pro-choice positions while others, including Hillary Clinton, continue to defend abortion but in seemingly more muted and apologetic terms. Instead of abandoning abortion rights and the millions of women who have had abortions, Democrats must make clear that efforts to outlaw abortion and expand the legal rights of fetuses are being used to hurt and dishonor pregnant women, mothers and families.


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Madman in the Marketplace's picture
Comment by Madman in the M... posted December 30, 2005 - 10:31pm

You do these kinds of posts as well or better than anybody, and if NARAL or somebody was smart, they'd hire you to write up their press releases.


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artemisia's picture
Comment by artemisia posted December 30, 2005 - 10:43pm

n/t


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Comment by caliberal posted January 4, 2006 - 1:08am

Gregg Cunningham of The Center for Bio-Ethical Reform says, "Abortion represents an evil so inexpressible that words fail us when attempting to describe its horror. Until abortion is seen, it will never be understood."

This is from the blog you reference. There can be no mistaking why you have chosen to come onto this site. There is something inherently wrong when you not only comment but post a link to a site that tells women we are evil if we have an abortion.

"Do No Harm (Except for that Killing Thing) [Serge]"

This is the title of Serge's entry on the LTI (Life Training Institute). I tried to read some of the diaries and posts on the site but find it counterproductive to do so. It offers nothing but vitriol against women who believe we have dominion over our bodies. It does nothing but spread venom against women who believe we have autonomy, that autonomy is absolute for us.

I can only say to you Serge that your coming here is ill advised and linking to the LTI site and all that it has to say is cruel and hateful.

I doubt you read the words you have responded to. I doubt you read the words posted by moiv but if you did take the time to do so you would certainly know what you had to say in the post you linked to isn't anything the women on this site would agree with and beyond that, your words are hurtful and frankly disgusting.

It is you who we are fighting against. It is you, and your fellow crusaders who are trying to take control of our bodies. It is you who are the enemy Serge, it is you that dishonor us as women. There is no place for you here Serge. Go spread your filth somewhere else.

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bayprairie's picture
Comment by bayprairie posted January 4, 2006 - 1:35am

thanks for the heads up CA.


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