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Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation of the abortion field. Abortion rights as reimagined in SMA activism increasingly feature in human rights agendas related to structural violence and inequality, collective organising and international solidarity, and democratic engagement.

This article explores the criminal regulation of misoprostol as a controlled drug in Brazil as a new form of abortion criminalization. A qualitative analysis of Brazilian case law shows how the courts use a public health rhetoric of unsafe abortion to criminalize the distribution of misoprostol in the informal sector. Rather than an invention of the local bench, this judicial rhetoric reflects global public health discourse and policy on unsafe abortion and the double life of misoprostol as both an essential medicine and a controlled drug. In contrast to previous studies, the article shows that abortion criminalization is not the cause, but rather the consequence of misoprostol’s double life. In the last section, it draws on an outlier judgment of the case law to chart a regulatory future for misoprostol and its supply in the informal sector as a site of harm reduction and safe abortion in public health policy.

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Misoprostol is a medicine with a “double” social life recorded in several places, including Brazil. Within formal and authorized health facilities, it is an essential medicine, used for life-saving obstetric procedures. On the streets, or in online informal markets, misoprostol is treated as a dangerous drug used to induce illegal abortions. In the Brazilian case, despite a rich anthropological and public health analysis of the social consequences of misoprostol’s double life, there are no studies on the legal implications. This article offers such descriptive analysis, presenting and examining a comprehensive dataset of how Brazilian courts have treated misoprostol in the past three decades. It consists of an encompassing mapping of the “when, where, how, and who” of misoprostol criminalization in Brazil, pointing to the unjust consequences of the use of criminal law for the purpose of protecting public health.