Across the country, women are facing dangerous consequences due to a lack of consistent, protected access to reproductive healthcare. In some states, women are forced to carry pregnancies resulting from rape or are denied life-saving medical procedures due to restrictive laws. These policies can place women in situations where their health—and even their lives—are at risk. Federal protection for a woman’s right to make personal healthcare decisions would prevent these traumatic and dangerous situations, ensuring that every woman has the right to make safe, private decisions with her healthcare provider. This is about protecting lives, upholding dignity, and creating equal access to essential healthcare.
I propose a constitutional amendment that explicitly protects the right to personal healthcare decisions. This amendment would emphasize individual freedom, bodily autonomy, privacy, and access to necessary medical care while balancing these protections with existing federal and state structures.
Proposed Amendment to the United States Constitution: Bodily Autonomy and Personal Healthcare Rights
Amendment XXVIII
Section 1. Right to Bodily Autonomy
Every individual has the right to make personal healthcare decisions, free from undue governmental interference. This right to bodily autonomy encompasses the freedom to make informed decisions regarding one’s body and medical treatment, including, but not limited to, reproductive healthcare choices.
Section 2. Protection of Privacy in Healthcare
The right to privacy in healthcare shall not be infringed. Personal healthcare decisions, as made between an individual and their healthcare provider, shall be protected from public or governmental intrusion, maintaining confidentiality and respecting the autonomy of every citizen.
Section 3. Access to Medically Necessary and Emergency Care
All individuals have the right to timely and necessary medical care in emergency situations where life or health is at serious risk. Healthcare providers shall be protected in their duty to act responsibly and in the best interest of their patients’ health and safety, without fear of legal reprisal.
Section 4. Equal Access to Essential Healthcare Services
The government shall ensure that all citizens have equal access to essential healthcare services, including preventative and reproductive care, regardless of geographic location or socioeconomic status. This protection is essential to uphold the right to bodily autonomy and the health of the nation.
Section 5. State Flexibility with Federal Standards
States may establish their healthcare laws, provided they uphold the minimum standards established by this amendment. No state shall enact laws that infringe upon the right to bodily autonomy or prevent necessary and immediate medical care, nor shall any state restrict personal privacy in healthcare decisions.
Explanation of the Amendment
• Section 1 explicitly establishes the right to bodily autonomy, allowing individuals control over healthcare decisions, particularly in matters that concern their own bodies.
• Section 2 reinforces the right to privacy, protecting personal healthcare choices and maintaining confidentiality between patients and providers.
• Section 3 ensures that individuals can receive emergency care when needed, and that providers can deliver life-saving treatment without legal consequences.
• Section 4 guarantees equal access to essential healthcare services across all states, supporting bodily autonomy through accessible healthcare.
• Section 5 respects state authority but requires all states to meet minimum protections for bodily autonomy, privacy, and emergency care.
This amendment would constitutionally safeguard the right to bodily autonomy, ensuring that personal healthcare decisions remain protected and accessible to all, while respecting both federal and state roles. By framing bodily autonomy as a fundamental right, this amendment protects individual freedom, health, and privacy in a way that all citizens can benefit from.