The state cannot interfere with a woman's right to control her own body, as this would interfere with her fundamental rights to equal liberty. Abortion laws are unconstitutional because they take away women's fundamental autonomy by allowing state interference in personal and bodily decision-making. Justice is only achieved when women have the right to their own bodies and their own choices. John Rawls defined justice in two principles. First, that every person must have an equal right to the widest scheme of equal fundamental liberties compatible with a similar scheme of liberty for others; and second, that social and economic inequalities must be organized in such a way that they can both reasonably be assumed to benefit all, and so that they are linked to positions and tasks open to all. Justice Wilson is known to have taken a strong position with a judgment based directly on the value of autonomy. Wilson believes that one aspect of respecting human dignity is the right to “make fundamental personal decisions without interference from the State. “Women's freedom is denied through laws that interfere with these decisions; it is not free within society from the restrictions imposed by the political views of the state. Based on Rawls's theory of justice and Justice Wilson's view on the value of autonomy as justice, it will be demonstrated that abortion laws are unjust because they go against women's fundamental right to liberty, autonomy and security of the person . not a woman should have an abortion is not the focus of this article, but rather the focus is whether or not abortion laws limit a woman's right to justice. The question of equal rights as a form of justice is addressed immediately.... .. middle of paper ...... freedoms include the right to choose, which Judge Wilson supports with its value of autonomy. The right to human dignity and fundamental justice is based on the rights guaranteed by the Charter, in particular Section 7. She uses this as the foundation of her theories on justice, believing that these rights violated in the Charter erect an invisible fence around every individual, one into which the State should not be allowed to trespass. Judge Wilson states that liberty, in his view, “guarantees the individual a certain degree of autonomy in making decisions of fundamental personal importance.” Termination of a pregnancy is a decision that a woman should be free to make, as dictated by her personal values, emotions, religious beliefs and circumstances. Abortion laws are unjust because they go against women's fundamental right to freedom, autonomy and personal security.
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