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From promised land to cautionary tale: the reality of women's rights in America

US election, women’s reproductive rights and alarming return to conservatism

I think the United States of America is one of those places that many of us have come to see as a cautionary example of ‘all that glitters is not gold’. I remember how, when I was growing up, the country was positioned as “the land of milk and honey” and referred to itself as the “home of the brave”. Many people dreamed of visiting the US and even living there, because it represented the pinnacle of success and democracy.

That illusion was shattered a long time ago. As a black woman, I would be suffocated by the thought of living in a place where I was in the political minority that was forcefully brought there through slavery, divorced from my country and damned to being a perpetual misfit on the margins of society, with no autonomy over my body.

Let’s examine this raging issue of the battle for control of women’s reproductive rights that has characterised the election through the lens of American feminist writers and activists.

Elizabeth Hira, senior policy counsel at the Brennan Center for Justice, explains: “Throughout modern history, government control over women’s bodies – and by extension, women – has been a prevalent theme, built into our very systems.

“Rape was initially deemed a property crime against the victim’s father. And as property themselves, married women couldn’t own property under the common law principle of coverture.”

Novelist Toni Morrison said: “What men frequently do when they want to manage and govern women [is] to focus on their babies – whether they’re having them or not having them. Reproductive organs become the focus.”

And novelist Alice Walker wrote: “When the great task of pregnancy is completed in duress and not in joy, the world suffers. This has been, in my view, one of the greatest causes of unhappiness on the planet, a planet being controlled and mismanaged mostly by men (and their female accomplices) who, for whatever reason, are not recognised and stopped early enough to prevent their gargantuan harm to humanity and the Earth.”

Fortunately, in South Africa we have a Constitution that protects women’s rights to bodily autonomy. Section 12(2) states: “Everyone has the right to bodily and psychological integrity, which includes the right (a) to make decisions concerning reproduction.”

Section 27(1)(a) of our Constitution goes on to state that everyone has the right to have access to healthcare services, including reproductive healthcare. Section 27(2) notes that the “state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights”.

The contested terrain that women’s bodies continue to be marks an alarming return to conservatism rooted in the destructive ideology of patriarchy and capitalism that sees women merely as possessions to be bent to men’s will as a form of controlling and ordering society.

But the truth is, the results of the US election have shown that this is the wish of the majority of Americans, and so it has come to pass. DM

This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.

Comments (7)

Kanu Sukha Nov 10, 2024, 02:26 PM

Concluding "wish of majority" may be premature. Possible many 'women' did not realise the implications. A interviewed Hispanic/Latino 'male' (Rep) explained how in 'their' culture women's 'role' was that of 'subservience' to male 'ego', & added perfunctorily..."Christian" values!

Arnold O Managra Nov 10, 2024, 05:36 PM

Slavery was abolished in the USA 149 years ago after a brutal civil war. It seems ridiculous to cling on to that nowadays. Americans are broadly in favour of abortion rights, except for a fundamentalist religious minority (of various religions). Roe vs Wade is about federal vs state only.

Arnold O Managra Nov 10, 2024, 06:06 PM

Trump has publicly said he will not support absolute loss of abortion rights. His wife in fact is actively supporting abortion rights. However, most "reasonable" people are discomforted by blanket late (3rd trimester) abortion rights, which is sensibly seen as close to infanticide.

Malcolm McManus Nov 10, 2024, 07:18 PM

True, and I get the distinct perception the author would be an unlikely candidate for the need for abortion. Nevertheless the us has been in a state of moral decline for sometimes.

Arnold O Managra Nov 10, 2024, 09:14 PM

Indeed. It's very different when you have seen the heart beat and felt the baby move or kick inside you. People who have never had kids or raised them will never understand. Yet a steady supply of kids is absolutely required for species or even cultural survival. So weird.

Petru Viljoen Nov 11, 2024, 07:48 AM

" ... I get the distinct perception the author would be an unlikely candidate for the need for abortion." What's this supposed to mean?

Arnold O Managra Nov 11, 2024, 08:44 AM

Indeed. It’s very different when you have seen the heart beat and felt the baby move or kick inside you. People who have never had kids or raised them will never understand. Yet a steady supply of kids is absolutely required for species or even cultural survival. So weird.

Arnold O Managra Nov 11, 2024, 08:47 AM

In short, he's saying that the author has not yet, nor never will raise her/his own biological kid. I hope I covered the pronouns.

Arnold O Managra Nov 10, 2024, 07:09 PM

Within all of this angst it's worth considering the "paradox of female happiness". According to peer-reviewed sources, women's self-reported life satisfaction has dropped since about the 1970's, and is now lower than mens'. At the same time women are now dominating academia etc. Why?

Arnold O Managra Nov 10, 2024, 07:48 PM

Apologies, the (Google) search term should be "the paradox of declining female happiness". I missed the word "declining" in the original. My 2c theory - women are being taught, like other easily defined demographics, that they are being "oppressed". Critical theory is pernicious.

Arnold O Managra Nov 11, 2024, 02:06 AM

So yes, women are the only sex that can produce a new baby, inside them for most of the time. While sex is fun, the birth process where a new baby becomes a new being, separate from the mommy, is pure magic. You really have to experience it to appreciate it, and it's where we all came from.

Rodshep80@gmail.com Nov 11, 2024, 07:44 AM

We may have a constitution that purports to actively promote woman's rights. But our behavior as a country towards woman puts the lie to the constitution. Morality police in Libya again being established, to control and belittle woman. It's repulsive especially when they invoke Allah's blessing.

Arnold O Managra Nov 11, 2024, 09:31 AM

Rod, you realise that Libya is quite a long way from South Africa? But yes Africa is becoming the last bastion of fundamentalist Sharia law, even now in northern Mozambique. We should be very careful in SA not to fall into similar old religious/tribal law.

lynuzelac Nov 11, 2024, 10:59 AM

Abortion is being employed as a contraceptive instead of both parties taking care. Perhaps boys and girls should see films of unborn babies in the hope that they may learn to be more careful.

MT Wessels Nov 11, 2024, 12:54 PM

Undoubtedly regressive; 50% of USA voters (female) clearly did not attach enough weight to this single issue to counter the patriarchal disposition of the GOP. But calling out the USA against the many far more oppressive Global South regimes emphasises nothing other than regrettable recidivism.

Craig King Nov 11, 2024, 02:10 PM

The USSC made a finding of law and the cure was to pass abortion rights to the States to make laws about as Congress had failed to do for 50 years. The ethics around legal abortion are to be incorporated in state laws because, as per the Constitution, this is not in the Federal jurisdiction.

Tony Rodriguez Nov 11, 2024, 03:37 PM

The USSC at the time justified Roe v Wade concluding the implied existence of a right to privacy incorporated within the 14th Amendment. The implied privacy right also included abortion per the Court. Quite a stretch. Current USSC simply found the privacy/abortion issue to be decided by the states.