Abortion and Reproductive Autonomy: Some Ideas About Differentiated Approaches

Abstract

In law, the debate on the voluntary termination of a pregnancy has not been exempt from the influence of extralegal matters: prejudices, moral and religious beliefs, and political and ideological convictions. Although the focus may be purely on legal aspects, it is subject to multiple subjective interpretations. Consequently, the various constitutional clauses relating to the protection of life (dependent or independent) also serve to support permissive and prohibitionist judicial and legal trends. These two contradictory positions prevent the consideration of the multiple facets of the problem; as a result, it is difficult to obtain a concerted response. Through qualitative research, this paper explores some of the problems related to the traditional approach to abortion. This article highlights some of the barriers to the exercise of abortion rights. It outlines some criteria and methodological tools that could help public officials make decisions and define public policy without stereotypes and guaranteeing women’s human rights. Although at some point access to abortion is recognized, this does not imply that it is an acquired right. On the contrary, it is a right that faces constant risk and threat owing to the influence of the ideological interests.