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  • Essay / Abortion Rights Essay - 2844

    The state cannot interfere with a woman's right to control her own body because doing so would interfere with her own fundamental rights to equality and freedom. Abortion laws are unconstitutional because they deprive women of their fundamental autonomy by allowing state interference in personal and bodily decision-making. Justice is only achieved when women have the right to their own bodies and their own choices. John Rawls defined justice according to two principles. First, each person must have an equal right to the broadest regime of equal fundamental liberties, consistent with a similar regime of liberties for others; and secondly, that social and economic inequalities must be arranged in such a way that they are both reasonably expected to be to the advantage of all, and in such a way that they are attached to open positions and functions to everyone. Madam Justice Wilson is known for taking a strong stance and judgment based directly on the value of autonomy. Wilson believes that one aspect of respect for human dignity is the right to "make fundamental personal decisions without state interference." “Women's freedom is denied by laws that interfere with these decisions; she is not sheltered, within society, from the restrictions imposed by the political opinions of the State. Drawing on Rawls's theory of justice and Justice Wilson's view on the value of autonomy as justice, abortion laws will be proven to be unjust because they go to the against the fundamental right of women to freedom, autonomy and security of their person. The fact that women should not have abortions is not the focus of this article, but rather the question of whether or not abortion laws restrict a woman's right to justice. The issue of equal rights as a form of justice is addressed immediately.... ... middle of paper ...... classic liberties include the right to choose, which Justice Wilson upholds with her value d 'autonomy. The right to human dignity and fundamental justice is based on the rights guaranteed in the Charter, particularly section 7. She uses this as the basis of her theories of justice, believing that these rights violated in the Charter erect a fence invisible around every individual, one that the state should not be allowed to intrude into. Justice Wilson states that liberty, in her view, “grants the individual a certain degree of autonomy in making decisions of fundamental personal importance.” Terminating a pregnancy is a decision that a woman should be free to make, based on her own personal values, emotions, religious beliefs and circumstances. Abortion laws are unjust because they violate women's fundamental rights to liberty, autonomy and security of person..