In today’s era of systemic gender oppression, the right to make choices extends beyond mere bodily autonomy during life-it encompasses the right to dignity in death as well.
The Impact of “Dobbs” on Human Rights and Reproductive Justice
In this modern landscape of persistent gender-based discrimination, the fundamental right to decide over one’s body now also includes the right to control one’s end-of-life choices.
Imagine a dystopian scenario straight from a science fiction novel: a woman in Georgia has been kept alive as a human incubator for over 100 days, a disturbing example of state-sanctioned exploitation of a deceased individual’s body. Yet, this chilling reality is not fiction; it is a consequence of Georgia’s stringent abortion restrictions. Medical authorities have taken control of Adriana Smith’s remains, disregarding her grieving family’s wishes, in a disturbing display of state power over personal autonomy.
Adriana’s tragic story exemplifies the ongoing “Jane Crow” era-where a woman’s existence, her pregnancy, and her death are now subject to legal and societal control. Since the Supreme Court’s decision in Dobbs overturned Roe v. Wade in June 2022, nearly two dozen states have enacted laws that ban or severely restrict access to abortion, even in cases of rape or incest. This legal shift has unleashed a wave of human rights violations, disproportionately impacting marginalized communities.
The consequences are devastating: young girls as young as 10 are forced to travel out of state to seek abortions after sexual assault; women face criminal charges for miscarriages or alleged fetal harm; pregnant individuals are compelled to carry pregnancies that threaten their health or are incompatible with life. In Idaho, women have been airlifted to neighboring states to obtain necessary medical care denied at home, illustrating the severity of these restrictions.
Adriana’s Case: A Reflection of Racial and Gender Oppression
Adriana Smith, an African American nurse and mother, was declared brain-dead in February after seeking medical attention for pregnancy-related complications. Her mother, April Newkirk, asserts that if her daughter’s symptoms had been taken seriously earlier, her death could have been prevented. Critical tests that might have identified a blood clot were overlooked, highlighting the persistent disparities in healthcare access and treatment for Black women-a pattern of neglect that has long plagued marginalized populations.
Historical Roots of Oppression: From Slavery to Modern Reproductive Control
This tragic episode echoes a dark chapter in American history. Historically, Black women have been dehumanized and treated as property, subjected to involuntary labor and systemic exploitation sanctioned by unjust laws. Georgia’s secession in 1861, citing the preservation of slavery as a primary motive, exemplifies this legacy. The state’s declaration of independence explicitly framed Black women as property, asserting their right to be held in bondage under the guise of property rights-a direct violation of the Thirteenth Amendment, which abolished slavery and involuntary servitude.
Current Realities: The Intersection of Racism, Sexism, and Reproductive Oppression
Today, Georgia’s “Jane Crow” continues to inflict harm, with the deaths of two women following the implementation of restrictive abortion laws. Black women are three to four times more likely to die during pregnancy than their white counterparts, a disparity rooted in systemic racism and inadequate healthcare. The ongoing restrictions exacerbate these inequalities, forcing marginalized women into impossible choices and risking their lives.
Medical Ethics and the Dignity in Death
In the United States, brain death is typically recognized as the legal marker for death, often used to facilitate organ donation. However, in Adriana’s case, her body is being used to sustain her fetus-despite her being declared brain-dead-because Georgia’s laws prohibit termination of pregnancy once fetal viability is established. Medical professionals justify this by citing the need to preserve fetal life, even when the fetus has severe anomalies like hydrocephalus, which is often fatal or causes profound disability. This practice raises profound ethical questions about bodily autonomy, dignity, and the rights of the deceased.
Current Issue Spotlight
Beyond the legal battles, antiabortion legislation reflects a broader disregard for the well-being of women, children, and families. Lawmakers often ignore the social and economic costs of these restrictions, which make it harder for women to access essential services like healthcare, housing, childcare, and nutrition. Instead of expanding social safety nets, many states are cutting funding for programs that support maternal health and family stability, further entrenching inequality.
The Future of Reproductive Rights: A Dystopian Outlook
In this era of “Jane Crow,” states opposing reproductive rights are increasingly willing to deny dignity even in death, prioritizing political agendas over human compassion. As more tragedies unfold, the vision of a society that respects bodily autonomy and human dignity remains under threat. April Newkirk’s description of her daughter’s death as torture underscores the urgent need for a reevaluation of our values-recognizing that reproductive rights are fundamental human rights that extend beyond life itself.
The Nation
Founded in 1865 by abolitionists, The Nation has long documented the political and cultural fabric of America, from the advent of the telegraph to the rise of social media, serving as a progressive voice committed to truth and justice.
