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Reproductive Autonomy: Rights and Access for All

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The Future of Reproductive Autonomy
by Jo sePhine John ston and RacheL L. ZachaRias

S
everal years ago, The Hastings Center ran a proj- of individual providers, of failures to respect women’s
ect to understand why fertility patients are more reproductive autonomy: when testing is not offered to
likely than other women in the United States to certain demographics of women, for instance, or when
give birth to twins, triplets, and higher-order multiples the choices of women to terminate or continue pregnan-
and to suggest policies and practices to reduce those high cies are prohibited or otherwise not supported. But this
multiple-birth rates. More than once, those of us run- project also raises puzzles for reproductive autonomy.
ning the project1 were told that clinicians were just do- We have learned that some clinicians and patients do not
ing what women wanted: women sought out treatment discuss the fact that prenatal testing can lead to a deci-
options associated with higher multiple-birth rates, and sion about whether to terminate a pregnancy—they just
they were happy to get pregnant with multiples, espe- don’t talk about it.3 And while the decision whether to
cially twins. Changes to policies and practices risked agree to prenatal screening and diagnostic testing is to
infringing on women’s reproductive autonomy. Yet this be made with women’s free and informed consent, many
explanation is hard to square with the project’s findings. screening tests have been routinized in such a way that
These included the fact that the choices of many U.S. some women do not even recall agreeing to testing, while
fertility patients about which kinds of fertility treatment others feel that agreeing to testing is what their clinicians
to use and how aggressively to use them—whether the expect of them or that the testing is necessary to protect
treatment be ovarian stimulation followed by insemina- themselves and their families from the significant finan-
tion or in vitro fertilization—are heavily constrained by cial hardship of raising a child with a disability.4 In the
financial concerns, such that the patients have signifi- face of these pressures, can one really say that women are
cant incentives to maximize their chances of pregnancy freely choosing to undergo testing or are freely choosing
for each and every insemination or embryo transfer. In to continue or terminate a pregnancy following receipt
addition, fertility treatments are physically and emotion- of test results? The reality of these pressures is requiring
ally arduous, the risks of twin pregnancies and births us to consider expanding the scope of our investigation
are poorly communicated, and the fertility industry is beyond the clinical encounter to the broader context—to
fiercely competitive, with success measured by rates of think harder about what reproductive autonomy means
live births following each treatment cycle. In the face of and how best to enhance it.
these financial and emotional pressures—and in light of
clinics’ incentives to maximize their success rates—what Autonomy in Bioethics
did it mean to say that women “want twins”?2
In a project The Hastings Center is now running on
the future of prenatal testing, we are encountering clear
examples, both in established law and in the practices
F or students of bioethics, the term “autonomy” is most
familiar as one of the key principles of biomedical
ethics, along with justice and beneficence (sometimes
differentiated into beneficence and nonmaleficence). In
bioethics, we generally use the shorthand “autonomy,”
Josephine Johnston and Rachel L. Zacharias, “The Future of Reproductive but when it was initially articulated in the 1978 Belmont
Autonomy,” Just Reproduction: Reimagining Autonomy in Reproductive
Medicine, special report, Hastings Center Report 47, no. 6 (2017): S6-S11. Report on research with human subjects, the full prin-
DOI: 10.1002/hast.789 ciple was labeled “respect for persons.”5 The Belmont

S6 November-December 2017/HASTINGS CENTER REPORT


Reproductive autonomy cannot exist without attention to context—
to supports, to barriers, to social policy, to social norms. We can then
work to create the preconditions for acting in accordance with one’s
values and priorities.

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Report differentiated between acknowledging the auton- legal right to financial assistance for assisted reproductive
omy of persons who are “autonomous agents” and pro- technologies.10
tecting those with “diminished autonomy.”6 Autonomous We agree that a negative-rights–based, “get out of my
agents are defined with reference to specific capacities— way” approach to autonomy, and by extension to repro-
the ability to deliberate about one’s personal goals and the ductive autonomy, can lead to failures—by researchers,
ability to act on the basis of that deliberation. Clinicians clinicians, policy-makers, and others—to recognize, let
and others show respect to autonomous persons by giving alone address, some of the myriad factors that can con-
“weight to their considered opinions and choices” and by strain reproductive decisions. One can thereby miss oppor-
“refraining from obstructing their actions unless they are tunities—perhaps even shirk obligations—to enable and
clearly detrimental to others.”7 In other words, if people to strengthen reproductive autonomy. For many women,
have the capacity to deliberate about and act on their goals the principle of respect for autonomy has the potential to
and values, then they should generally be left to do so— transform their lives, promising them control over whether
whatever others might make of their choices. Doctors and and when to get pregnant, whether to continue pregnan-
others should, in most cases, get out of their way. cies, how many children to have, and how they will give
The idea was not revolutionary. Paternalism in medi- birth and care for their babies. Yet realizing that control can
cine had been dying a slow death for decades, as evidenced be extremely difficult because freedom from unwanted in-
by court cases,8 the Nuremberg trials, and broader societal tervention can be separated by a great distance from access
trends focused on equality and individual rights. Still, in- to the means to fully actualize one’s reproductive choices.
clusion of respect for persons as the first basic ethical prin- That distance is the subject of this essay.
ciple in the Belmont Report was a necessary and significant In what follows, we will briefly trace the development of
sign of the ascendency of individualism in medicine. the idea of reproductive autonomy—the idea that people,
In practice, respect for autonomy is closely associated most often women but increasingly people of all genders,
with the need for securing voluntary and informed consent should have significant—almost unfettered—“self-rule”
before proceeding with medical interventions or enrolling regarding their reproductive capacities and reproductive
subjects in research. In this way, it is primarily encoun- decisions. We will survey the shortcomings, or limitations,
tered as a negative right—a right of persons to be free from inherent in various understandings of this and related con-
unwanted or unauthorized medical interventions. But it cepts over the past half century. We will then argue for a
also extends to a right not to be obstructed from access- rich and nuanced understanding of reproductive autono-
ing available medical care, where that medical care includes my, one that is broad in its ambit and plays close atten-
contraception, abortion, prenatal testing, and fertility pres- tion to context—what we will call “reproductive autonomy
ervation. worth having.” This richer understanding of reproductive
This kind of understanding of autonomy—one that autonomy will, at times, require that policy-makers and
emphasizes negative rights—can be very welcome in repro- leaders in the medical profession provide support and ser-
ductive contexts, including when a woman seeks access to vices so that people can act in accordance with their con-
contraception or abortion or is threatened with involuntary sidered decisions.
sterilization. Yet it also has its critics, including several oth- This kind of reproductive autonomy does not widely
er authors in this special report. As Louise King considers, a exist in the United States, nor in many other countries.
bald, hands-off approach to autonomy can sometimes have Achieving it will not be easy. A variety of shiny objects (in-
the effect of abandoning patients at just the moment when cluding new technologies) could distract from the effort,
they most need guidance and advice.9 And as Kimberly and persistent inequalities and other ugly truths that are
Mutcherson argues, a hands-off, negative-rights approach difficult to address could cause decision-makers to give up
can be insufficient to support a right as fundamental as on working for “reproductive autonomy worth having.”
the right to procreate, leading her to argue for a positive While the hard-won victories of the negative-rights ap-
proach to reproductive autonomy must be defended, the

S P E C I A L R E P O R T: J u s t R e p r o d u c t i o n : Re i m a g i n i n g A u t o n o m y i n R e p r o d u c t i v e M e d i c i n e S7
richer and fuller understanding of the good that reproduc- compromised by subsequent judgments and state-based
tive autonomy can bring must also be pursued. This is the laws.
unfinished business of reproductive autonomy.11 In the last two centuries, women in the United States
Before continuing, we must acknowledge that in this experienced government interference not only in the
essay we draw heavily on scholarship about and examples right not to reproduce (a right promoted through access
relevant to women’s reproductive autonomy. We say little to contraception and abortion) but also in the right to re-
about how reproductive autonomy might play out for men produce—specifically as the result of forced sterilization.
or transgender people. While much of what we say applies American states had undertaken concerted programs in
to all people, we agree that more work is necessary to fully forced sterilization as part of the eugenics movement in the

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understand and realize reproductive autonomy. late nineteenth and early twentieth centuries, resulting in
the sterilization of more than 65,000 people.16 Although
The Evolution of Reproductive Autonomy sterilization programs had initially been affirmed by the
Supreme Court in the 1922 case of Buck v. Bell, their legal-

A constellation of terms surrounds the idea of reproduc-


tive autonomy, including “reproductive choice,” “re-
productive rights,” “procreative liberty,” and “reproductive
ity was undermined in 1942 with the decision in Skinner
v. State of Oklahoma, which recognized reproduction as a
fundamental right that was infringed by compulsory ster-
justice.” These terms are not identical in meaning, scope, ilization. (Although rates dropped dramatically following
or impact. Yet they all begin with a core idea: that repro- Skinner, compulsory sterilizations of certain classes of per-
duction is a significant undertaking and that having or sons were still legal and continued in the United States un-
lacking some degree of control over it can change the lives til 1981.17)
of individuals, families, and societies. By the 1960s, the legality of abortion was a major battle
The concept owes much to earlier political struggles for ground. At this time, the term “reproductive autonomy”
women’s suffrage and women’s rights as well as to move- began to appear in the legal literature, cited in amicus briefs
ments focused on limiting population growth through ac- defending women on trial for murder after abortions.18
cess to contraception and abortion. A goal in these early Although the term was not used in the pivotal 1974 case of
movements was for women to be able to avoid “coerced re- Roe v. Wade (which rested on the concept of personal liberty
production” by being allowed to control their reproductive guaranteed by the U.S. Constitution’s due process clause),
capacities. This control primarily took the form of prevent- it was used over the next few decades to refer to both the
ing or terminating unwanted pregnancies.12 Early writing right to reproduce and the right to control reproduction—
on reproductive autonomy focused on the importance of or as one court optimistically put it in 1980, “[R]eproduc-
enabling women to decide “whether or not to have sex, tive autonomy includes the entire decisional range,” meaning
whether or not to have children, the number and spacing “both the decision to bear children, as well as the decision
of children, and whether or not to carry a pregnancy to not to bear children.”19 While this use of the term sounds
term.”13 Because women often lacked the legal right to con- all-encompassing, the understanding was limited because,
trol their bodies in these ways, addressing these goals ini- even across this “entire decisional range,” reproductive au-
tially entailed a focus on securing negative rights—that is, tonomy was understood as a negative right—a right not to
securing for women the legal right to be allowed to decline be prevented from accessing contraception or abortion and
sex, to access available forms of contraception and abor- a right not to be forced to undergo sterilization. There was
tion, and to decline sterilization. no legal recognition of a positive legal right requiring any
In the United States, birth control was legal until the actor, including a federal or state government, to provide
late nineteenth century, when so-called Comstock Laws women with access to the technologies or services necessary
were passed to prohibit distribution and use of contra- for them to exercise their reproductive autonomy.
ceptives and related educational materials. In response, in Insofar as birth control, abortion, and sterilization are
1914, Margaret Sanger and other political radicals founded technologies, the reproductive autonomy discussion al-
the birth control movement to fight for the legalization of ready involved—and was responsive to—technology. That
contraceptives and for education and assistance in family responsiveness increased with the introduction in the later
planning. By the second half of the twentieth century, legal twentieth century of assisted reproductive technologies.
issues around access to contraceptives and abortion were These technologies offered new ways to reproduce, includ-
seemingly resolved following U.S. Supreme Court deci- ing using donor sperm, surrogate mothers, in vitro fertiliza-
sions, first in Griswold v. Connecticut 14 and then in Roe v. tion, and eventually, donor embryos and eggs. As medicine
Wade15—although, as we will discuss, fuller demands of began to offer these reproductive services, questions were
reproductive autonomy were not met by those cases alone, raised about their legality, their morality, and about who—
and the negative rights granted in those cases have been if anyone—ought to be allowed to access them.

S8 November-December 2017/HASTINGS CENTER REPORT


In 1983, law professor John Robertson began using a which social context and oppression can affect one’s abil-
new term, “procreative liberty,” 20—to argue for a set of ity to become an autonomous person and to make auton-
freedoms related to assisted reproductive technologies. omous choices.”30 She ties this failure to the broad way
In constructing procreative liberty, Robertson recognized in which liberalism understands autonomy, permitting
the importance of the negative rights already established, choice without a definition or evaluation of such choices:
which protected the freedom to avoid conception and “A political system based on a conception of autonomy
childbirth—what he called “the freedom to have sex that is primarily concerned to ensure that people have
without reproduction.” 21 But he argued that this free- choices, but that is reluctant to spell out too many condi-
dom “is not the only aspect of reproduction that needs tions as to evaluating the genuineness of those choices,

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legal protection. Another essential element of procreative will generally be satisfied as long as choices are present.
freedom is the right to become pregnant and to parent From a traditional liberal point of view, as long as neither
. . . the freedom to reproduce when, with whom, and by men nor women are coerced into reproducing, or ster-
what means one chooses.” 22 This “freedom to reproduce ilized without their consent, or prohibited from choos-
without sex” was to be captured by “procreative liberty.” 23 ing technological means of reproducing, all is well.”31 Yet
An extension of reproductive freedoms to include such an understanding is both hopelessly limited, often to
procreative liberty was needed, Robertson maintained, the point of being willfully blind to the realities of many
because “the interests and values supporting the right to people’s lives, and grossly unjust. As Nelson points out,
reproduce by sexual intercourse extend to external con- understandings of autonomy that fail to attend to con-
ception and the need to contract with donors, surrogates, text will “undoubtedly result in the denial of meaningful
and physicians for the creation, gestation, and rearing of reproductive choice for those who are economically and
children.”24 Assisted reproductive technologies serve the socially disadvantaged.”32
same good as sexual reproduction, Robertson argued, The next stage in the evolution of reproductive auton-
and those goods ought to be accessible to a similarly full omy, then, has been a move to a richer understanding of
range of persons. In the decades that followed, he devel- autonomy, expanding beyond the focus on securing nega-
oped and used the concept to argue against a variety of tive rights to include close attention to the contexts that
proposed and actual limits on fertility services, including shape and constrain reproductive decisions. In the 1999
laws against surrogacy and restrictions on access by single book Killing the Black Body, Dorothy Roberts notes that,
women, lesbians, and gay men. 25 while Robertson’s approach provides compelling reasons
Robertson’s procreative liberty had two limits. He ex- “to ensure the equal distribution of procreative resources
plicitly focused it on contexts where reproduction occurs in society,” it needs to go further.33 There is “no good rea-
with the help of medical interventions. 26 He lists deci- son,” she argues, “why our understanding of procreative
sions such as whether the father may be present at the liberty must adopt a baseline of existing inequalities or
birth, whether midwives may assist in births, or whether why the deepening of those inequalities should not weigh
childbirth can occur at home as examples of decisions that heavily in our deliberations about policies affecting re-
fall outside the freedoms protected by procreative liberty. production.”34 She calls for an approach to reproductive
This demarcation is fairly arbitrary, however, and has rights that explicitly takes social justice into account.
been criticized on that basis. 27 In addition, Robertson’s Similar calls for a more contextual approach to repro-
procreative liberty was primarily an argument against ductive autonomy have been made by feminist schol-
intervention and not for assistance; although he initially ars—including Diana Meyers, Serene Khader, Catriona
referred to it as a positive-rights approach, procreative lib- Mackenzie, and Natalie Stoljar35—who have argued that
erty is primarily an argument against limits. 28 It largely the capacity for autonomy develops in a social context
failed to attend to context and, specifically, to the contex- that contains long-running constraints on women, and
tual factors that limit the ability of some people to take particularly on women who are poor, disabled, and of col-
advantage of or realize the liberty interests he so clearly or. As early as 1985, then U.S. Circuit Court Judge Ruth
argues are at stake. 29 Bader Ginsburg, discussing Roe v. Wade, wrote, “It is a
In many senses, the critiques of late-twentieth-cen- notable irony that, as constitutional law in this domain
tury understandings of reproductive autonomy and has unfolded, women who are not poor have achieved ac-
procreative liberty mirror some of the most important cess to abortion with relative ease; for poor women, how-
critiques of liberal political philosophy more generally. ever, a group in which minorities are disproportionately
As Canadian law professor Erin Nelson describes in represented, access to abortion is not markedly different
her 2013 book Law, Policy and Reproductive Autonomy, from what it was in pre-Roe days.”36
“Liberal political philosophy has traditionally not been This orientation—this attention to the relationship
particularly successful at taking into account the ways in between reproductive rights and persistent inequalities—

S P E C I A L R E P O R T: J u s t R e p r o d u c t i o n : Re i m a g i n i n g A u t o n o m y i n R e p r o d u c t i v e M e d i c i n e S9
has led to the “reproductive justice” movement. The move- or that fails to support those people and their families, de-
ment includes groups focused on redefining reproductive cisions about testing for or selecting against disability can
rights in ways that center indigenous women, women of be very heavily constrained. Once constraining contextual
color, trans people, and other people marginalized by exist- factors are identified, bioethicists, clinicians, and policy-
ing reproductive choice frameworks. One activist in this makers can begin to address them and work to create the
area, Loretta Ross, the cofounder of the SisterSong Women preconditions for people to be truly able to act in accor-
of Color Reproductive Justice Collective, describes the aims dance with their values and priorities—to attain a repro-
of reproductive justice as fighting for the rights to have a ductive autonomy worth having.
child, not to have a child, to parent the children we have, Seeking a fuller, justice-oriented approach to reproduc-

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and to the “enabling conditions to realize these rights.”37 tive autonomy is intimidating, in part because it forces
This fourth point is the transformative and critical com- scholars, clinicians, and others to face seemingly intrac-
ponent of reproductive justice, especially in comparison table and, in many nations, highly politicized problems
with preceding approaches to reproductive autonomy. As like poverty, violence, and discrimination. Perhaps at one
SisterSong’s online introduction states, “There is no choice time those seeking to advance autonomy could appear
when there is no access.”38 Or as the feminist scholar Laura to be politically neutral. There is broad political support,
Purdy has written, without “decent health care, education, for example, for ensuring that pregnant women or IVF
and alternative ways of supporting themselves”—what she patients receive valid information in advance of making
calls “autonomy’s prerequisites”—women cannot have real medical decisions. But such neutrality can be impossible
reproductive autonomy.39 as scholars, clinicians, and others seek to squarely address
some of the most important factors driving those decisions,
Reproductive Autonomy Worth Having whether those factors be the United States’ lack of univer-
sal health coverage, its increasingly limited abortion access,

T he history of concepts and arguments focused on se-


curing rights, choice, autonomy, and liberty around
reproduction—an evolution we have very briefly outlined
inadequate public education, discrimination against queer
people, or entrenched economic inequality.
Yet grappling with this fuller understanding of repro-
here—is sometimes read as a series of critiques and com- ductive autonomy is vital to maintaining the integrity of
peting positions. Recognizing and addressing limitations in our work and—more importantly—to respecting persons.
these concepts has certainly driven scholarship and activ- An approach to reproductive autonomy that is broad in
ism in this area forward. However, we call it an evolution scope and deeply attentive to context is necessary for a fu-
because we understand the work as building on itself, both ture in which economic and social inequalities continue to
conceptually and practically. Today, society has a version of shape individual decisions and a future that includes ever
reproductive autonomy that is, if not synonymous with, more technologies, such as egg freezing, expanded pre-
then at least open and responsive to the demands of a re- natal testing (including preimplantation genetic testing),
productive justice framework. and new and expanded assisted reproductive technologies
This version of reproductive autonomy has the capacity that promise to expand reproductive choice yet risk im-
to be broad in scope and attentive to context, demanding posing their own sets of constraints. This future needs a
attention to the factors that, following more traditional richer approach to reproductive autonomy, one based in an
conceptions of autonomy or liberty, exclude some people understanding of reproduction as a contextualized process
from reproductive options. It is a more expansive and more extending before and beyond conception and that works to
demanding understanding of the work required for repro- enable truly free and truly informed decision-making that
ductive autonomy to be realized (or realizable). It requires is, as much as possible, consistent with people’s values and
those of us in bioethics or medicine to look beyond the true to their commitments.
clinical encounter to identify the financial, familial, cultur-
al, and other pressures limiting people’s reproductive op- 1. Hastings scholars Josephine Johnston and Michael Gusmano,
with Pasquale Patrizio from the Yale Fertility Center, led the project,
tions. Indeed, we would go so far as to say that reproductive from 2011 to 2012.
autonomy cannot exist without attention to context—to 2. J. Johnston, M. K. Gusmano, and P. Patrizio, “Preterm Births,
supports, to barriers, to social policy, to social norms. If you Multiples, and Fertility Treatment: Recommendations for Changes
live in a country that systematically discriminates against to Policy and Clinical Practices,” Fertility and Sterility 102, no. 1
girls, then people will have social pressure to “choose” (2014): 36-39.
3. L. Parham, M. Michie, and M. Allyse, “Expanding Use of
against baby girls—their choice to select a male embryo cfDNA Screening in Pregnancy: Current and Emerging Ethical,
or abort a female fetus might be an informed choice, but Legal, and Social Issues,” Current Genetic Medicine Reports 5, no. 1
does that decision represent real autonomy? Similarly, in a (2017): 44-53.
country that discriminates against people with disabilities

S10 November-December 2017/HASTINGS CENTER REPORT


4. J. Johnston, R. M. Farrell, and E. Parens, “Supporting Women’s 23. Ibid.
Autonomy in Prenatal Testing,” New England Journal of Medicine 24. J. A. Robertson, “Noncoital Reproduction and Procreative
377 (2017): 505-07. Liberty,” Southern California Law Review 59 (1986): 249-58, at 253.
5. National Commission for the Protection of Human Subjects 25. J. Robertson, “Embryos, Families, and Procreative Liberty: The
of Biomedical and Behavioral Research, The Belmont Report: Ethical Legal Structure of the New Reproduction,” Southern California Law
Principles and Guidelines for the Protection of Human Subjects of Review 59 (1985): 939-1041, at 939; J. A. Robertson, “Procreative
Research (1978; Washington, D.C.: U.S. Government Printing Liberty and Harm to Offspring in Assisted Reproduction,” American
Office, 1979). Journal of Law & Medicine 30, no. 1 (2004): 7-40.
6. Ibid., part B.1. 26. J. A. Robertson, Children of Choice: Freedom and the New
7. Ibid., part B.1. Reproductive Technologies (Princeton, NJ: Princeton University Press,
8. In the United States, these cases began with Schloendorff v. 1996), 23.

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Society of New York Hospital 105 N.E. 92 (N.Y. 1914). 27. L. M. Purdy, “What Feminism Can Do for Bioethics,” Health
9. L. P. King, “Should Clinicians Set Limits on Reproductive Care Analysis 9, no. 2 (2001): 117-32; E. Nelson, Law, Policy and
Autonomy?,” Just Reproduction: Reimagining Autonomy in Reproductive Autonomy (London: Bloomsbury Publishing: 2013).
Reproductive Medicine, special report, Hastings Center Report 47, no. 28. Nelson, Law, Policy and Reproductive Autonomy.
6 (2017): S50-S56. 29. D. Roberts, Killing the Black Body: Race, Reproduction, and the
10. K. Mutcherson, “Reproductive Rights without Resources or Meaning of Liberty (New York: Vintage Books, 1997); L. M. Purdy,
Recourse,” Just Reproduction: Reimagining Autonomy in Reproductive “Women’s Reproductive Autonomy: Medicalization and Beyond,”
Medicine, special report, Hastings Center Report 47, no. 6 (2017): Journal of Medical Ethics 32 (2005): 287-91.
S12-S18. 30. Nelson, Law, Policy and Reproductive Autonomy, 47.
11. L Purdy, “Women’s Reproductive Autonomy: Medicalization 31. Ibid.
and Beyond,” Journal of Medical Ethics 32, no. 5 (2006): 287-91. 32. Ibid.
12. E. Nelson, Law, Policy and Reproductive Autonomy (Portland, 33. Roberts, Killing the Black Body, 296.
OR: Hart Publishing, 2013). 34. Ibid.
13. F. Naa-Adjeley Adjetey, “Reclaiming the African Woman’s 35. C. Mackenzie and N. Stolijar, Relational Autonomy: Feminist
Individuality: The Struggle between Women’s Reproductive Perspectives on Autonomy, Agency, and the Social Self (Oxford: Oxford
Autonomy and African Society and Culture,” American University University Press on Demand, 2000; S. Khader, “Beyond Autonomy
Law Review 44 (1994): 1351-81, at 1352. Fetishism: Affiliation with Autonomy in Women’s Empowerment,”
14. Griswold v. Connecticut, 381U.S. 479 (1965). Journal of Human Development and Capabilities 17, no. 1 (2016):
15. Roe v. Wade, 410 U.S. 113 (1973). 125-39; D. T. Meyers, “The Rush to Motherhood: Pronatalist
16. D. J. Kevles, In the Name of Eugenics: Genetics and the Uses of Discourse and Women’s Autonomy,” Signs: Journal of Women in
Human Heredity (Cambridge, MA: Harvard University Press, 1985). Culture and Society 26, no. 3 (2001): 735-73.
17. Skinner V. Oklahoma Ex Rel. Williamson, 316 US 535 36. R. B. Ginsburg, “Some Thoughts on Autonomy and Equality
(1942). in Relation to Roe v. Wade,” North Carolina Law Review 63 (1984):
18. F. A. Seidenberg, “Submissive Majority Modern Trends in the 375-386, at 377.
Law Concerning Women’s Rights,” Cornell Law Review 55 (1969): 37. L. Ross, “What Is Reproductive Justice?,” in Reproductive Justice
262-72, at 264-65. Briefing Book: A Primer on Reproductive Justice and Social Change,
19. Margaret S. V. Edwards, 488 F. Supp. 181 (1980). (2007), http://www.protectchoice.org/downloads/Reproductive%20
20. J. A. Robertson, “Procreative Liberty and the Control of Justice%20Briefing%20Book.pdf, pp. 4-5, at 4.
Conception, Pregnancy, and Childbirth,” Virginia Law Review 69, 38. SisterSong Women of Color Reproductive Justice Collective,
no. 3 (1983): 405-64. “What Is Reproductive Justice?,” SisterSong Inc., http://sistersong.
21. Ibid., 406. net/reproductive-justice/.
22. Ibid. 39. Purdy, “Women’s Reproductive Autonomy,” 287.

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