![]() ![]() The impugned devastating decision is destined to affect generations to come, and the US Supreme Court will be recorded in history as the snatcher of this fundamental right. Jackson Women’s Health Organization, the US Supreme Court, on 22 June 2022, blatantly dismantled the well-entrenched nuanced understanding of the Gender Constitutionalism on the primordial grounds that the substantive fundamental right to access abortion was not the part of American civilisation and it does not qualify to be a right per se until the Roe v. The right to access abortion is a constitutional right stemming from gender constitutionalism engrafted in Roe v. Nevertheless, the US Supreme Court has failed to appreciate that everything cannot be written in the Constitution as constitutional conventions, principles, values, and ethos are the products of interpretation of the Fourteenth Amendment that envisioned equality for all US citizens and beyond. It advocated for legal abortion in situations of incest, rape, foetal deformity, and credible risks such as the threat to life or health of pregnant women and girls. The Committee also demanded the decriminalisation of abortion. Wade 410 US 113 (1973) and expressed solidarity with women and girls in the US. UN Women’s Rights Committee exhorted the US to abide by the CEDAW in the wake of the US Supreme Court decision to bring down the pillar of Gender Constitutionalism duly evolved and enlarged in Roe v. CEDAW is the most ratified (189 countries) human rights convention in the world, and it is regarded as the Holy Bible of Women’s human rights, including their sexual and reproductive rights. Other States not parties to the CEDAW, include Iran, Palau, Somalia, Sudan, and Tonga. The US was the first State to sign the CEDAW in July 1980, but it has not ratified it. The United States (US) was influential in drafting the UN Convention on the Elimination of Discrimination against Women (CEDAW) 1979. ![]()
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