: The standard bioethics account is that respecting patient autonomy means ensuring patients make their own decisions. In fact, respecting patient autonomy often has more to do with the overall shape and meaning of patients' health care regimes, and sometimes, at least, patients will very reasonably defer to medical authority.

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion and sexual consent, (...) and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice. (shrink)

This paper examines the issue of abortion from a Kantian perspective. More specifically, it focuses on Kant’s Formula of Humanity of the Categorical Imperative and the prohibition against treating humanity merely as a means. It has been argued by feminists that forcing a woman to continue a pregnancy against her will is treating her as a mere means for sustaining the fetus, a mere “fetal incubator”. Accordingly, feminists believe, this constitutes an assault on her humanity, the capacity for rationally setting (...) and pursuing her own ends. On the other hand, the woman who aborts her fetus can be seen as treating a being which has the potential for humanity merely as a means for her own ends. The Kantian discussion of abortion gives rise to a number of important questions: Does respecting the pregnant woman’s humanity, and hence enabling her to have an abortion if she chooses that way, go against appropriately respecting the fetus? What does it really mean to respect a fetus’ potential for humanity? Attempting to answer these questions helps us to see the Kantian prohibition against treating humanity merely as a means from a different, less familiar perspective, and puts out some new challenges to Kant’s theory. At the same time, it gives us new and useful insights on the much-discussed issue of the fetus’ status in the abortion debate. (shrink)