Introduction Prior to 1969 in Canada, all abortion was illegal, unless under specific circumstances, where board of physicians was to determine whether or not an abortion was absolutely essential for the mother’s health and well-being. In the 1988 landmark case of R. v. Morgentaler, the Supreme Court of Canada ruled that the current abortion laws were unconstitutional, and that by essentially giving full control over women’s bodily autonomy to the legal system and the state, her Charter of Canadian Rights and Freedoms Section 7 right to “life, liberty and security of person” (Section 7, Canadian Charter of Rights and Freedoms), were being infringed on, and consequently, the law needed to be reformed. Nevertheless, globally, access to abortion is not equal, and in many places around the world, women are still
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However, engrained within the law still underlies deep notions of gender stereotypes about women, and based on these gender stereotypes; preconceived notions about women in general, as well as the ‘type of woman’ who would choose to get an abortion, there are “legal strategies [meant] to introduce barriers that impede access to legal abortion services, such as mandatory waiting periods, biased counselling requirements, and the unregulated practice of conscientious objection, are emerging in response to this trend. These barriers stigmatize and demean women and compromise their health” (Finer L & Fine J.B, 2013). Furthermore, the legal system “stigmatize[s] women seeking abortions, discriminates against those who lack the knowledge and understanding of legal grounds for abortion, and disproportionately affects the most vulnerable” (Gruskin S, 2013). These restrictions and limitations make it incredibly difficult for women in certain demographics, and/or with limited financial resources, to have access to safe, legal abortions. While the law plays an unarguably large role in women being able to access to legal, safe abortions, societal and
However, engrained within the law still underlies deep notions of gender stereotypes about women, and based on these gender stereotypes; preconceived notions about women in general, as well as the ‘type of woman’ who would choose to get an abortion, there are “legal strategies [meant] to introduce barriers that impede access to legal abortion services, such as mandatory waiting periods, biased counselling requirements, and the unregulated practice of conscientious objection, are emerging in response to this trend. These barriers stigmatize and demean women and compromise their health” (Finer L & Fine J.B, 2013). Furthermore, the legal system “stigmatize[s] women seeking abortions, discriminates against those who lack the knowledge and understanding of legal grounds for abortion, and disproportionately affects the most vulnerable” (Gruskin S, 2013). These restrictions and limitations make it incredibly difficult for women in certain demographics, and/or with limited financial resources, to have access to safe, legal abortions. While the law plays an unarguably large role in women being able to access to legal, safe abortions, societal and