Populism, abortion and human rights: a legal analysis of populist tactics to restrict reproductive rights across the US and Europe

Abstract

In June 2022, the landmark Roe v. Wade judgement was overruled by the US Supreme Court. This decision caused great concern, especially among women, as it ended the formerly constitutionally protected right to abortion. For US President Trump, it was the fulfilment of a campaign promise. This thesis investigates the connection between right-wing populism and the erosion of abortion rights in Western democracies. It aims to analyse the legal arguments of populist movements in Europe and the US to restrict abortion access. Further, it highlights how this development clashes with constitutional standards and human rights frameworks. Starting with a theoretical framework for populism, the study examines in detail the legal tactics of anti-abortion populists and their consequences. For the US part, the focus lies on the judgement Dobbs. v. Jacksons Women’s Health Organization and its originalist interpretation. On the European side, developments in Poland, Hungary and Germany are explored. Ultimately, the observations are contrasted with human rights law. This paper finds that anti-abortion populism undermines human rights principles, often through misinterpretation of constitutional law. It becomes clear that populists have similar goals, but pursue different approaches to achieve them. What unites them is that they don’t include sufficient consideration of human rights in their policies. The characteristics of right-wing populism increase the already existing tensions. Nevertheless, human rights law and constitutionalism can offer robust responses to these developments.