After 100 years of considering abortion a criminal offense, Argentina underwent a major change in the legal framework on December 30, 2020, when Congress approved Law 27.610, Acceso a la Interrupción Voluntaria del Embarazo (Access to Voluntary Interruption of Pregnancy). With enactment of this law, the country transitioned from criminalization to legalization of abortion on request up to 14 weeks’ gestational age while keeping the legal indications for abortion (ie, rape or risk to life or health of the pregnant person) as before.

Every year, thousands of women and girls are denied their rights and choices by El Salvador’s total ban on abortion and its criminalization. Women and girls who are carrying an unwanted pregnancy are confronted with two options: commit a crime by terminating the pregnancy, or continue with the unwanted pregnancy. This report details the pervading cultural and institutional barriers that women and girls in El Salvador face in exercising their human rights, particularly those barriers that obstruct the realization of their sexual and reproductive rights.

This essay explores prisons as sites of reproductive injustice by focusing on barriers to abortion and safe childbirth. Published in RADICAL REPRODUCTIVE JUSTICE: Foundations, Theory, Practice, Critique, edited by Loretta J. Ross, Lynn Roberts, Erika Derkas, Whitney Peoples, and Pamela Bridgewater Toure (New York: The Feminist Press, 2017).

Early in the COVID-19 pandemic, medication abortion, which typically includes mifepristone (ie, progesterone receptor antagonist) and misoprostol (ie, prostaglandin), gained prominence because it can be provided without physical contact. The American College of Obstetricians and Gynecologists and other professional organizations quickly endorsed telehealth and no-test abortion care. These protocols omit Rh testing and use patient history, rather than routine ultrasonography, to assess pregnancy duration and screen for ectopic pregnancy risks. To mitigate potential risk of complications, US Food and Drug Administration (FDA) Risk Evaluation and Mitigation Strategy (REMS) require that mifepristone be dispensed in a medical office, clinic, or hospital, prohibiting dispensing from pharmacies. Between a federal judge’s ruling that suspended enforcement of this requirement in July 2020 and a reversal by the Supreme Court in January 2021, clinicians could offer medication abortion via telehealth and dispense from mail-order pharmacies where not prohibited by state law. During this period, a virtual clinic called Choix began providing medication abortions in California. We assessed safety and efficacy outcomes of a telehealth medication abortion model, which could inform the FDA’s decision regarding removal of the REMS.

People have always and will always find ways to try to end their pregnancies when necessary. Many do so safely without the involvement or direct supervision of healthcare professionals by self-managing their abortions. In 2022, the well-established safety and efficacy of abortion medications prompted WHO to fully endorse self-managed medication abortion as part of a comprehensive range of safe, effective options for abortion care. But despite robust evidence supporting the safety and effectiveness of the self-use of medications for abortion, abortion laws and policies around the world remain at odds with clinical evidence and with the realities of self-managed medication abortion in the present day. The present article considers legal issues related to self-managed abortion and addresses the role of obstetricians, gynecologists, and other healthcare professionals in promoting clinical and legal safety in abortion care through support of self-managed abortion.

To summarize clinical outcomes and adverse effects of medical abortion regimens consisting of mifepristone followed by buccal misoprostol in pregnancies through 70 days of gestation. We used PubMed, ClinicalTrials.gov, and reference lists from published reports to identify relevant studies published between November 2005 and January 2015 using the search terms "mifepristone and medical abortion" and "buccal and misoprostol." Studies were included if they presented clinical outcomes of medical abortion using mifepristone and buccal misoprostol through 70 days of gestation. Studies with duplicate data were excluded.

62 DAYS is an urgent examination of a growing trend of laws that seek to control a pregnant woman's body. It tells the story of a brain-dead pregnant woman whose family was forced to keep her on life support against their will. Marlise Muñoz was 33 years old and 14 weeks pregnant with her second child when she suffered a pulmonary embolism and was pronounced brain-dead in a hospital in Texas. Marlise had been clear about her end-of-life wishes: she did not want to be on mechanical support under any circumstances. But Marlise was kept alive because of a little-known law that states "a person may not withdraw or withhold life-sustaining treatment... from a pregnant patient." The film reveals that this is not an anomaly: there are currently 32 states (and counting) with similar or identical pregnancy exclusion policies. 62 DAYS follows the Muñoz family as they journey from private loss, to unwanted media attention, and finally towards activism as they fight to change this law. This timely short film powerfully addresses critical issues surrounding bodily integrity and women's health and needs to be seen by anyone studying or engaged in activism around reproductive rights.

BIRTHRIGHT: A WAR STORY is the real-life "Handmaid’s Tale." This urgent documentary examines how women are being jailed, physically violated and even put at risk of dying as a radical movement tightens its grip across America. The film tells the story of women who have become collateral damage in the aggressive campaign to take control of reproductive health care and to allow states, courts and religious doctrine to govern whether, when and how women will bear children. BIRTHRIGHT: A WAR STORY explores the accelerating gains of the crusade to control pregnant women and the fallout that is creating a public health crisis, turning pregnant women into criminals and challenging the constitutional protections of every woman in America.

Bei Bei Shuai, a Chinese Immigrant living in Indiana, is charged with murder and feticide. Her Crime? Attempting suicide while pregnant. Abandoned by the father of her unborn child and suffering from severe perinatal depression, Bei Bei Shuai attempts suicide while eight months pregnant. She survives the attempt, but her baby, delivered by emergency c-section, dies in her arms three days later. Following devastating personal tragedy, Bei Bei finds herself transformed from a grief stricken mother into a criminal, charged with murder and attempted feticide. Bei Bei is moved to the Marion County Jail where she remains for a year and a half, until her lawyer Linda Pence is able to secure her release on bail. As Bei Bei and Ms. Pence take on the Indiana state justice system, her case begins to gain national attention. Their fight raises important questions about personhood laws, fetal rights, immigrant rights, and the criminalization of the mentally ill.

Personhood: Policing Pregnant Women in America tells a different reproductive rights story – one that ripples far beyond the right to choose and into the lives of every pregnant person in America. Tammy Loertscher’s fetus was given an attorney, while the courts denied Tammy her constitutional rights and sent her to jail. Through her story, the film reframes the abortion debate to encompass the growing system of laws that criminalize and police pregnant women. At the intersection of the erosion of women’s rights, the war on drugs, and mass incarceration, Tammy’s experience reveals the dangerous consequences of these little-known laws for American women and families.

While many claim that being a mom is the most important job in the world, in reality motherhood in the United States is becoming harder. From preconception, through pregnancy, and while parenting, women are held to ever-higher standards and are finding themselves punished – both socially and criminally – for failing to live up to these norms. This book uncovers how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for “failure to protect.” The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Using a reproductive justice lens, Caitlin Killian analyzes how and why mothers are on a precipice and what must change to prevent mass penalization and instead support mothers and their children.

In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

The intense policing of women's reproductive capacity places women's health and human rights in great peril. Poor women are pressured to undergo sterilization. Women addicted to illicit drugs risk arrest for carrying their pregnancies to term. Courts, child welfare, and law enforcement agencies fail to recognize the efforts of battered and incarcerated women to care for their children. Pregnant inmates are subject to inhumane practices such as shackling during labor and poor prenatal care. And decades after Roe, the criminalization of certain procedures and regulation of abortion providers still obstruct women's access to safe and private abortions.In this important work, Jeanne Flavin looks beyond abortion to document how the law and the criminal justice system police women's rights to conceive, to be pregnant, and to raise their children. Through vivid and disturbing case studies, Flavin shows how the state seeks to establish what a "good woman" and "fit mother" should look like and whose reproduction is valued. With a stirring conclusion that calls for broad-based measures that strengthen women's economic position , choice-making, autonomy, sexual freedom, and health care, Our Bodies, Our Crimes is a battle cry for all women in their fight to be fully recognized as human beings. At its heart, this book is about the right of a woman to be a healthy and valued member of society independent of how or whether she reproduces.

In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.

This shadow report focuses on the punishment and criminalization of individuals for abortion, stillbirths, miscarriages, and adverse pregnancy outcomes. In the U.S., human rights violations occur when states pass laws that explicitly criminalize performing abortions and when state officials misuse other laws to surveil, investigate, arrest, detain, and prosecute pregnant individuals based on the perceived impact of their actions on their pregnancy.