政治极化背景下的美式人权悖论——以堕胎权之争为例

The Paradox of American Human Rights in the Context of Political Polarization:The Case of the Abortion Rights Debate

美国联邦最高法院对多布斯案作出的判决认为,无论是从宪法文本、历史传统还是先例方面分析,堕胎权都不是一项宪法权利,从而推翻了罗案和凯西案的判决结论。美国堕胎权之争经历了从非罪化到入罪化,又到宪法保护堕胎权,再到堕胎权不受宪法保护的变化过程,折射出美国政治极化的演绎逻辑。美国有关堕胎权之争的实质是男女平权问题,而男女平权的争取与实现更是自美国建国以来就存在却没有得到根本解决的问题。堕胎权之争表明,美式人权所宣扬的以保障个人自由为中心的价值观并非为美国两党所真实奉行。美国两党在堕胎议题上的立场分歧,充分说明了在政治极化背景下美式人权存在着严重悖论,美国的人权观与人权实践无法做到自洽。

The U.S.Supreme Court ruled in Dobbs v.Jackson Women’s Health Organization,overturning the conclusions in judgements of Roe v.Wade and Planned Parenthood v.Casey,and held that abortion rights were not a constitutional right,whether in terms of constitutional text,history or precedent.The dispute over abortion rights in the United States has gone through a process from decriminalization to criminalization,to constitutional protection of abortion rights,and then to the process of abortion rights not being protected by the Constitution,which all refl ects the deductive logic of the political polarization in the United States.The essence of this dispute is the issue of equal rights for men and women,and to fi ght for and realize equal rights for men and women is an issue that has existed since the founding of the United States but has not been fundamentally resolved.The dispute shows that the values of safeguarding individual freedom,which are alleged as the center of American human rights,are not truly upheld by the two political parties in the United States.The dispute fully demonstrates that there is a serious paradox in American human rights in the context of political polarization,and that the human rights perspective and practice of the United States are not in harmony with each other.