Decolonising the body: reproductive femicide and the joint culpability of the state

Authors

  • Ana Claudia da Silva Abreu Centro Universitário Campo Real

DOI:

https://doi.org/10.47456/argumentum.v15i1.39005

Abstract

Based on the category of femicide, this article considers the deaths of women resulting from unsafe abortions to be reproductive femicide, since they result from both criminalisation, stemming from the patriarchal control of women’s bodies, and State failure to guarantee access to health and reproductive rights, which makes women’s lives precarious. Based on decolonial feminisms, we discuss the colonial imposition of motherhood, and how the modern colonial gender system dehumanises non-white women. Locating these deaths in the arena of gender necropolitics makes it is possible to consider the legal strategies by which the State is held accountable and, based on them, to propose the joint culpability of the State, and the unenforceability of different forms of conduct, as possible means of removing culpability in abortion crimes.

Keywords: Reproductive femicide. Necropolitics of gender. Colonial gender system. Joint culpability.

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Author Biography

Ana Claudia da Silva Abreu, Centro Universitário Campo Real

Advogada. Doutora em Direito. Professora de Direito Penal no Centro Universitário Campo Real. (CUCR, Guarapuava, Brasil).

Published

24-04-2023

How to Cite

Abreu, A. C. da S. (2023). Decolonising the body: reproductive femicide and the joint culpability of the state. Argumentum, 15(1), 38–52. https://doi.org/10.47456/argumentum.v15i1.39005