The constitutional recognition of reproductive autonomy as a guarantee against the regression of the freedom and fundamental rights of women

Abstract

Sexual and reproductive rights have been incorporated into Universal Human Rights within the framework of the recognition of freedom, equality, physical and moral integrity, life and health of women, without suffering discrimination, coercion or violence. Consequently, autonomy in decisions about the interruption of pregnancy defines the essential content of freedom, configuring dignity as the foundation of self-determination over present and future existence, according to STC 44/2023. However, the regulatory development could be insufficient for the effectiveness of women’s reproductive rights, which is why the constitutional reform has been approved in France recognizing the right to self-determination in pregnancy as a measure to combat the restrictive intervention of Legislative that entails the regression of the essential content of maximum reproductive rights and freedoms.