ManeeshaDeckha (University of Victoria – Faculty of Law) has posted LegislatingRespect: A Pro-Choice Feminist Analysis of Embryo Research Restrictions inCanada on SSRN. Here is the abstract:
This articleinvestigates the impact of legislating respect and dignity for the embryo invitro on the legal and cultural status of the embryo in utero. It evaluates therestrictions on embryo re-search in Canada’s Assisted Human Reproduction Act(AHRA) to consider whether they should receive pro-choice feminist support.Specifically, the article explores whether it is possible for feminists toaccord respect to the in vitro embryo, as the AHRA attempts to do, withoutjeopardizing sup-port for abortion. The article canvasses the theoreticalpossibilities of this position by comparing the compatibility of feministarticulations of a right to abortion (bodily integrity and equality) withfeminist arguments against the expansive use of embryos in research (commodificationand exploitation). The article argues that it is logically compatible forfeminists to promote “respect” and “dignity” for in vitro embryos whilemaintaining a pro-choice position on abortion. The article neverthelesscautions against feminist support for AHRA as it currently stands given that,on a practical basis, a feminist understanding of the AHRA’s restricted embryoresearch regime is difficult to achieve in the public sphere. The articleexplains why the more likely result for the public sphere will be anunqualified discourse of respect and dignity for embryos in general, whichcould then problematically revive the abortion debate and destabilize thenon-personhood status of the in utero embryo. As a remedy, the article providesrecommendations for how AHRA should be amended so as to better ensure thatlegislative restrictions on embryo research signal a legislative intent thatrespects women’s reproductive autonomy.