Reproductive Justice After the Pandemic: How 'Personal Responsibility' Entrenches Disparities and Limits Autonomy

I. Glenn Cohen, Abbe R. Gluck, Katherine L. Kraschel, Carmel Shachar (eds.), COVID-19 and the Law: Disruption, Impact, and Legacy, Cambridge University Press (Forthcoming 2023).

11 Pages Posted: 20 Dec 2022

See all articles by Rachel Zacharias

Rachel Zacharias

University of Pennsylvania Law School

Elizabeth Dietz

Arizona State University (ASU)

Kimberly M. Mutcherson

Rutgers Law School

Josephine Johnston

The Hastings Center

Date Written: June 1, 2022

Abstract

COVID-19 laid bare the responsibility American laws, policies, and society have long placed on individuals to ensure their own health and well-being. Policies guided by an ethic of “personal responsibility” particularly restrict reproductive justice (RJ), a framework and set of objectives first defined by Black women as human rights to have children, not have children, and parent children in safe, healthy, and sustainable communities. RJ goes beyond an articulation of reproductive rights; it is an analytic and movement-building tool that describes how people are inseparable from the systems that they are in, and how those systems make their choices possible (or not). As we will make clear, the RJ framework is relevant not only to issues of reproduction and family, but also to understanding the social conditions in which individuals create families with children.

Keywords: Reproductive Justice, Racial Justice, Personal Responsibility, Telemedicine Abortion, Paid Family and Medical Leave, Judicial Bypass

Suggested Citation

Zacharias, Rachel and Dietz, Elizabeth and Mutcherson, Kimberly M. and Johnston, Josephine, Reproductive Justice After the Pandemic: How 'Personal Responsibility' Entrenches Disparities and Limits Autonomy (June 1, 2022). I. Glenn Cohen, Abbe R. Gluck, Katherine L. Kraschel, Carmel Shachar (eds.), COVID-19 and the Law: Disruption, Impact, and Legacy, Cambridge University Press (Forthcoming 2023)., Available at SSRN: https://ssrn.com/abstract=4296279 or http://dx.doi.org/10.2139/ssrn.4296279

Rachel Zacharias (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom St
Philadelphia, PA 19104
United States

Elizabeth Dietz

Arizona State University (ASU) ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

Kimberly M. Mutcherson

Rutgers Law School ( email )

217 N.5th Street
Camden, NJ 08102
United States

Josephine Johnston

The Hastings Center ( email )

Garrison, NY 10524
United States

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