ABSTRACT

This chapter offers a case study based on a 2016 decision of the Supreme Court of Brazil. The panel’s decision – that punishing first trimester abortion violates women’s human rights – is a bold and controversial one. But the panel’s reasoning is predictable when viewed in light of international activism supporting women’s equality and empowerment. This chapter argues that the decision’s affirmation of “reproductive rights as human rights” puts the court in conversation with human rights bodies and advocacy groups. The chapter concludes by reflecting on issues that might get left behind when courts and advocates rely on human rights arguments to improve women’s reproductive health.