Generally, female reproductive rights include the right to reproduce, maternity protection and childcare, access to adequate health care facilities, including information, counseling, and services in the family.

More specifically, the right to reproduction refers to a woman's right to decide whether or not to have children, whether to carry or terminate an unintended pregnancy, and to choose the family planning and contraception technique that she prefers. This paper examines the exercise of this right in the light of recent development in the United States jurisprudence. It also reviews the legal implications of this development on women's reproductive right, amongst other rights, and other social cum medical issues particularly in relation to women’s health, viz a viz the “right” of the unborn.

The paper will review whether a fetus qualify as a human being, and if it can be accorded protective rights. It further evaluates fetal viability and permissibility and decriminalization or otherwise of abortion in an attempt to resolve the debate on when a fetus can become human. It also examines the legal framework for the protection of women, particularly pregnant women and how same either undermine or support women’s reproductive right.

Richmond Idaeho is a legal practitioner in the law firm of Jackson, Etti & Edu, a full-service commercial law firm with sector focus. One of the sectors of focus of the firm is the Health and Pharmaceutical Sector. Richmond is a private researcher and his interest in health law spurs from his background as a Philosopher, particularly from his study of Ethics and Philosophy of Science, having obtained his first degree in Philosophy, before bagging a second undergraduate degree in law and a Master of Laws degree subsequently. He has conducted several research on medical ethics and reproductive health culminating in several publications to his credit on jurisprudence (also feminist jurisprudence), legal philosophy, bioethics, reproductive justice, public, health, and medical law amongst others. His works are well cited and available both in print and online media.

He has been a guest at different health fora providing insights on medical and health law, and recently published the chapter “Revisiting the United States Abortion Law and the Legal Implications” in the book Contemporary Issues in Clinical Bioethics.