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Abortion is a fundamental human rights issue : Comments
By Alon Ben-Meir, published 18/10/2024In this presidential election, there is only one option to uphold women's right to abortion, which is a fundamental human rights issue that has made America proud for more than two centuries.
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Sorry, I didn’t explain myself clearly.
I think the most important rights are universal – they apply to all human beings in all times and places by virtue of us being persons (this is a rather old-fashioned view nowadays, and many philosophers would disagree). These kinds of rights are outlined in the Universal Declaration of Human Rights. So, women’s right to equality applies always and everywhere, even though in most times and cultures it has not been accepted and/or implemented.
Other rights are social and/or contextual.
Social rights arise because we, as social beings, recognise that there are certain rules of behaviour that benefit us all as individuals and as a society if we all obey them. Some are enforced by law, some by convention. Of the 10 commandments, for example, every society makes “thou shalt not steal” enforceable by law but none makes “honour your father and mother” a legal requirement, though many societies have this as a value.
Contextual rights are a subset of social rights that depend on circumstances. In rich countries like Australia, most people accept that every citizen has a right to education, basic healthcare and a safety net of unemployment benefits and aged pensions. The parameters of these rights are not based on absolute principles and evolve as social values and economic conditions change, but they are grounded in a sense of serving the common good and protecting the vulnerable.
For these kind of rights, some kind of social or political process is needed to work out what is in society’s interests and how best to deliver it.
Most rights, though - whatever their foundation - become accepted, respected, defended and entrenched through social dialogue and what I called the messy processes of legislation and legal review. This is also the only way to resolve matters such as abortion where different rights are incompatible. That Roe v Wade didn’t go through this process in the USA is part of the reason the abortion issue has re-emerged so fiercely, whereas it’s far less controversial in Australia.