Human Rights at the Crossroads: Abortion Access and Gender-Affirming Care in the United States Through an International Legal Lens

Authors

Zane McNeill

Abstract

The reversal of reproductive and transgender rights in the United States represents a watershed moment for human rights activism. This note examines the intersection between abortion access and restrictions on gender-affirming care through the lens of international law and argues that the double-barreled attack on bodily autonomy violates enshrined human rights norms. It analyzes how international legal frameworks—specifically sexual rights, the right to health, and anti-torture protections—can counter the dismantling of these essential healthcare services. While international law has long reinforced a gender binary that excludes transgender people, new interpretations provide opportunities for advancing inclusive protections. With the analysis of treaty responsibilities, customary international law, and recent human rights jurisprudence, this note highlights the potential of international legal mechanisms to hold the United States accountable for its failure to protect reproductive and gender-affirming care. Ultimately, this note calls for a reimagined international legal strategy that enshrines bodily autonomy as a universal right, resisting restrictive legal climates playing out across the U.S.

Recommended Citation

Zane McNeill, Human Rights at the Crossroads: Abortion Access and Gender-Affirming Care in the United States through an International Legal Lens, 53 Denv. J. Int'l L. & Pol'y 285 (Spring 2025).