Redesigning the legal framework on abortion – lessons from the Danish case

Research output: Contribution to conferenceConference abstract for conferenceResearchpeer-review

Standard

Redesigning the legal framework on abortion – lessons from the Danish case. / Herrmann, Janne Rothmar; Pedersen, Frank Høgholm; Danielsen Hansen, Laura Thit.

2023. Abstract from World Congress on Medical Law, Vilnius, Lithuania.

Research output: Contribution to conferenceConference abstract for conferenceResearchpeer-review

Harvard

Herrmann, JR, Pedersen, FH & Danielsen Hansen, LT 2023, 'Redesigning the legal framework on abortion – lessons from the Danish case', World Congress on Medical Law, Vilnius, Lithuania, 01/08/2023 - 04/08/2023.

APA

Herrmann, J. R., Pedersen, F. H., & Danielsen Hansen, L. T. (2023). Redesigning the legal framework on abortion – lessons from the Danish case. Abstract from World Congress on Medical Law, Vilnius, Lithuania.

Vancouver

Herrmann JR, Pedersen FH, Danielsen Hansen LT. Redesigning the legal framework on abortion – lessons from the Danish case. 2023. Abstract from World Congress on Medical Law, Vilnius, Lithuania.

Author

Herrmann, Janne Rothmar ; Pedersen, Frank Høgholm ; Danielsen Hansen, Laura Thit. / Redesigning the legal framework on abortion – lessons from the Danish case. Abstract from World Congress on Medical Law, Vilnius, Lithuania.

Bibtex

@conference{ac1219c2e9e14a929096febad3d0f8ee,
title = "Redesigning the legal framework on abortion – lessons from the Danish case",
abstract = "The WHO has called for an elimination of all non-medically indicated restrictions in access to abortion in a recent guideline. In 1973 Denmark became one of the first countries in the Western world to make abortion available on demand and free of charge. We review the historical path of the abortion regulation, with its gradual move away from severe punishment towards legal abortion, and show how this liberalization was a by-product of other movements. Autonomy was, surprisingly perhaps, not a strong driver of progressive abortion law reform. Hence, if the aim is a liberal abortion regulation, which avoids scrutiny of women{\textquoteright}s decisions for termination and is based on scientific data, the most passable route appears not to argue in terms of women{\textquoteright}s autonomy but instead through other accepted societal problems for which, by happenstance, the extension of women{\textquoteright}s right to abortion is a solution. Yet, such an approach not only weakens the focus on women{\textquoteright}s reproductive right to decide {\textquoteleft}freely and responsibly on the number and spacing of their children{\textquoteright} (which is central to the CEDAW Convention and the Cairo Platform of Action), but also means that many contemporary reproductive issues are inconsistently, conflictingly, or inadequately addressed. Our analysis of the Danish case shows that conceptualizing a reproductive right in ways other than through autonomy makes it difficult to follow suit downstream with regard to medical developments and new grounds for women{\textquoteright}s decision-making about their own reproductive lives.",
author = "Herrmann, {Janne Rothmar} and Pedersen, {Frank H{\o}gholm} and {Danielsen Hansen}, {Laura Thit}",
year = "2023",
month = aug,
day = "3",
language = "English",
note = "null ; Conference date: 01-08-2023 Through 04-08-2023",

}

RIS

TY - ABST

T1 - Redesigning the legal framework on abortion – lessons from the Danish case

AU - Herrmann, Janne Rothmar

AU - Pedersen, Frank Høgholm

AU - Danielsen Hansen, Laura Thit

N1 - Conference code: 27th

PY - 2023/8/3

Y1 - 2023/8/3

N2 - The WHO has called for an elimination of all non-medically indicated restrictions in access to abortion in a recent guideline. In 1973 Denmark became one of the first countries in the Western world to make abortion available on demand and free of charge. We review the historical path of the abortion regulation, with its gradual move away from severe punishment towards legal abortion, and show how this liberalization was a by-product of other movements. Autonomy was, surprisingly perhaps, not a strong driver of progressive abortion law reform. Hence, if the aim is a liberal abortion regulation, which avoids scrutiny of women’s decisions for termination and is based on scientific data, the most passable route appears not to argue in terms of women’s autonomy but instead through other accepted societal problems for which, by happenstance, the extension of women’s right to abortion is a solution. Yet, such an approach not only weakens the focus on women’s reproductive right to decide ‘freely and responsibly on the number and spacing of their children’ (which is central to the CEDAW Convention and the Cairo Platform of Action), but also means that many contemporary reproductive issues are inconsistently, conflictingly, or inadequately addressed. Our analysis of the Danish case shows that conceptualizing a reproductive right in ways other than through autonomy makes it difficult to follow suit downstream with regard to medical developments and new grounds for women’s decision-making about their own reproductive lives.

AB - The WHO has called for an elimination of all non-medically indicated restrictions in access to abortion in a recent guideline. In 1973 Denmark became one of the first countries in the Western world to make abortion available on demand and free of charge. We review the historical path of the abortion regulation, with its gradual move away from severe punishment towards legal abortion, and show how this liberalization was a by-product of other movements. Autonomy was, surprisingly perhaps, not a strong driver of progressive abortion law reform. Hence, if the aim is a liberal abortion regulation, which avoids scrutiny of women’s decisions for termination and is based on scientific data, the most passable route appears not to argue in terms of women’s autonomy but instead through other accepted societal problems for which, by happenstance, the extension of women’s right to abortion is a solution. Yet, such an approach not only weakens the focus on women’s reproductive right to decide ‘freely and responsibly on the number and spacing of their children’ (which is central to the CEDAW Convention and the Cairo Platform of Action), but also means that many contemporary reproductive issues are inconsistently, conflictingly, or inadequately addressed. Our analysis of the Danish case shows that conceptualizing a reproductive right in ways other than through autonomy makes it difficult to follow suit downstream with regard to medical developments and new grounds for women’s decision-making about their own reproductive lives.

M3 - Conference abstract for conference

Y2 - 1 August 2023 through 4 August 2023

ER -

ID: 361249454