Kris Kitko leads chants of protest at an abortion-rights rally at the state Capitol in Bismarck, North Dakota, March 25, 2013. (AP Photo/James MacPherson)
According to a recent United Nations report, North Dakota is torturing women. Seriously. Juan Méndez, the United Nation’s special rapporteur on torture, has included lack of access to abortion in his yearly report on torture and other cruel, inhuman or degrading treatment or punishment. Considering North Dakota’s new law which bans abortion after six weeks, it stands to reason that the state is torturing its female citizens.
I’m not trying to be trite—I do believe, as Méndez does, that forcing women to carry pregnancies they don’t want is cruel:
International and regional human rights bodies have begun to recognize that abuse and mistreatment of women seeking reproductive health services can cause tremendous and lasting physical and emotional suffering, inflicted on the basis of gender. Examples of such violations include abusive treatment and humiliation in institutional settings; involuntary sterilization; denial of legally available health services such as abortion and post-abortion care.
But if you believe abortion is a “convenience,” rather than a human right, saying as much is controversial. To the American anti-choice movement, it’s even laughable.
But how else would you describe laws that are meant to punish women for being sexually active? Sure, anti-choice legislation and activism prides itself on showy pro-woman rhetoric. Women’s Right To Know! Women Deserve Better Than Abortion! But at the end of the day, forced pregnancy is less about protecting women or “life” than it is about punishment and humiliation.
Rape exceptions are the clearest example. While I agree that forcing a woman to carry a pregnancy that is the result of rape is an even further assault on women’s bodily integrity, the foundation of a rape exception is that some women “deserve” abortions and some don’t. The underlying message is pretty clear—a woman who has been forced to have sex has done nothing wrong, a woman who had consensual sex has. (Bill Napoli’s now-infamous example of a “sodomized virgin” comes to mind.”)
Other restrictions and attempted limits on abortion access prove just as transparent. In 2007, for example, legislators in Ohio pushed a bill that would have mandated women get a written not from the father of the fetus before being able to obtain an abortion. If they didn’t know who the father was, they would not be allowed to access the procedure. This is about humiliating women and making the decision to have an abortion as difficult as possible.