The Legal Framework on Abortion Rights: A Comparative Perspective

This study undertakes a nuanced comparative exploration of abortion rights in the United States and France, focusing on how legal systems shape the lived experiences of women seeking reproductive autonomy. At a time when global attitudes toward abortion remain polarised, France’s 2024 constitutional affirmation of abortion rights and the United States’ 2022 reversal of Roe v. Wade through Dobbs v. Jackson Women’s Health Organization reveal the profound impact of legal and political choices on bodily autonomy. The analysis traces the historical evolution and current legal frameworks in both countries, not only as legal texts but as reflections of broader ideological commitments to gender equality, privacy, and healthcare access. Through this lens, the study highlights how law can either affirm or undermine women’s dignity and decision-making power. Importantly, the study brings these global developments into conversation with the Indian context, where, despite legal provisions under the Medical Termination of Pregnancy Act, access remains fraught with systemic barriers and moral gatekeeping. In bridging legal theory with human realities, the study argues for a reproductive rights framework that is constitutionally grounded, health-affirming, and fundamentally respectful of women lived experiences and agency. This model is legal and necessary for reproductive justice in principle and practice.