Gender in the constitutional discourse on abortion

Authors

  • Blanca Rodríguez Ruiz

Keywords:

Abortion, gender, citizenship, autonomy, social protection

Abstract

Legal discourses on abortion turn round meta-legal questions regarding human life and public power’s duty to protect it. Yet, in as far as the regulation of abortion deals with who, how and to what extent can control women’s capacity to conceive and give birth, it reflects a construction of women’s citizenship —of women’s gender—. This construction lies behind legal approaches to meta-legal questions and to the public power’s duty towards life, pregnancy and maternity. Whilst the legal discourse on abortion slides towards conventional constructions of gender in the United States, in continental Europe it relies increasingly on women’s active citizenship. Spanish Organic Act 2/2010 stands as part of this European trend.

Issue

Section

ARTICLES