Title:	Reproductive Rights in the Age of Human Rights
Authors:	Alisa Von Hagel Daniela Mansbach
Keywords:	Age of Human Rights
Issue Date:	2016
Publisher:	Palgrave Macmillan
Description:	In June 2014, the Supreme Court handed down their ruling in Burwell v. Hobby Lobby, a case involving a challenge to the 2010 law, the Patient Protection and Affordable Care Act (PPACA, which will here-in after be referred to as ACA). For-profi t corporations challenged the requirement that health insurance plans with prescription coverage include all Food and Drug Administration (FDA)-approved forms of contraception. These corporations argued that this mandate violates the protections of religious liberty established in the free exercise clause of the First Amendment and the Religious Freedom Restoration Act (RFRA). The court ruled in favor of the plaintiffs, fi nding the requirement was a violation of federal law, because it created a substantial burden on the religious beliefs of the corporate entities in question. The ruling opens the possibility for further restrictions on abortion that are based on the protection of individuals’ right to religious liberty. Thus, although the case focused specifi cally on the employer mandate, many in the pro- life movement view this ruling as a victory in their struggle to limit—and eventually eliminate—the right to abortion. The debate over abortion has always included discussion of the rights of third-party actors who are secondary in the procedure itself; the right of medical professionals to refuse to participate in abortion or abortionrelated services had been established since the 1970s. Specifi cally, the Church Amendment was adopted in 1973, prohibiting government offi cials from requiring physicians to perform abortion or sterilization based upon moral or religious objections to the practice. Further, restrictions on public funding for abortion were also fi rst enacted during the 1970s, with the fi rst prohibition on government funding for abortion passed in 1976. The Hyde Amendment, attached to the 1976 spending bill for the Departments of Labor, Health and Human Services, and Education, prohibited funding for abortion, primarily affecting Medicaid programming. Both conscience clauses and funding restrictions on abortion continue to be enacted at both the federal and state levels. Furthermore, both types of policies have greatly expanded over time in terms of the effect and breadth of the protections and restrictions imposed.
URI:	http://10.6.20.12:80/handle/123456789/54242
ISBN:	978-1-137-53952-6
Appears in Collections:	Population Studies

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