International Humanitarian Law And Access to Abortions: Compilation of Citations

Sexual violence in today’s armed conflicts is systematically used against civilians to demoralize, destroy, terrorize, and even change the ethnic compositions of entire communities. For instance, the ongoing Syrian civil war has seen an estimated 50,000 rapes. Women there describe being drugged, blindfolded, and raped in groups. In Iraq, ISIS has systematically abducted girls and women, held them in captivity, and repeatedly subjected them sexual violence including rape and sexual slavery. In Darfur, Sudan, where sexual violence has been used as a tactic of war for over 12 years, a 2015 attack in Tabit included the mass rape of over 200 women and girls in the span of three days. Finally, in Nigeria, Boko Haram openly targets young girls for kidnappings, forced marriage, rape, sexual slavery and other forms of gender-based violence.

Today, thousands of girls and women raped and impregnated in armed conflict are routinely denied abortions with devastating consequences. A girl or woman who is a victim of war rape and is denied an abortion when she wants one often has three options: (1) undergoing an unsafe abortion; (2) carrying to term an unwanted pregnancy; or (3) committing suicide. The denial of abortion services to these victims is both illegal and inhumane. 

In the context of armed conflict, the rights of war victims are protected under international humanitarian law. Specifically, victims of war rape are part of a special class of people called “wounded and sick in armed conflict.” This status means they are entitled to comprehensive and non-discriminatory medical care provided solely on the basis of their condition. Failing to provide – or denying – a medical service needed only by one gender (i.e. abortion) violates these absolute rights.

Abortion as protected medical care under international humanitarian law has increasingly been recognized by states, international policy makers, and legal experts on international humanitarian law. This document complies language and citations of laws, policies, authoritative declarations of public officials, and legal treatises, that affirm abortion as protected medical care for girls and women raped in war under IHL.

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GJC Weekly News Roundup

Friday, the New York Times published an editorial about the United States' mixed messages on human rights. While U.S. ambassador to the United Nations Nikki Haley emphasized U.S. commitment to human rights in her address last week, the editorial board writes, “In President Donald Trump’s transactional worldview, human rights are annoying obstacles to making deals.”

Friday, Devex reported that Sweden’s state secretary for international development, Ulrika Modéer, said that Nordic countries cannot fill the gap created by the U.S. Global Gag Rule alone. She said the European Union must take more action on family planning, and non-European countries need to join alliances for reproductive rights.

Monday, Canada released an International Assistance Policy that heavily focuses on gender equality. Within five years, Canada will allocate 15% of its international aid to gender equality programs. Its Women’s Voice and Leadership Program will direct funding to international grassroots organizations that promote women’s rights and gender equality.

Monday, Politico published an investigation into the gender imbalance in U.S. politics. It found that barriers like media and voter sexism, party influence, and fundraising have lessened in importance. Now, the gap stems mostly from the lack of women who run for office. Interest has spiked since the presidential election, however. Politico suggests a few strategies for encouraging this interest: identifying female candidates earlier, pushing women elected to bodies like school boards to run for higher office, and changing the sales pitch used to recruit women by framing politics as a way to fix problems.

Tuesday, the United Nations ruled Ireland’s abortion ban to be a human rights violation. In 2010, an Irish woman traveled to the U.K. to terminate her pregnancy when she learned that the fetus had a fatal birth defect. The United Nations Human Rights Committee released a decision ruling that Ireland owes her damages for the cost of the abortion and “high level of mental anguish.” The UN made a similar ruling on Ireland’s laws last year.

Photo credit: Dmitry Dzhus Flickr CC-BY-2.0

GJC Weekly News Roundup

Sunday, Executive Director of the U.N. Population Fund Dr. Babatunde Osotimehin died. He worked to ensure access to family planning for all. “Family planning is not a privilege but a right. Yet, too many women — and men — are denied this human right,” Osotimehin said.

Tuesday, Devex reported on how the Global Gag Rule has affected conflict-affected populations. In Colombia, a non-profit called Profamilia has provided reproductive health services and education like workshops on gender-based violence to vulnerable towns since 1964. In January, it chose not to comply with the expanded Global Gag Rule, and it lost $1.2 million of USAID funding, $1.5 million for a maternal mortality program, and $300,000 for a Zika prevention program.

Tuesday, authorities in Saudi Arabia detained prominent women’s rights activist Loujain al-Hathloul. While the exact reason for her arrest is unknown, Amnesty International believes it relates to her women’s rights activism. In 2014, she was arrested and held for 73 days for trying to drive a car from the United Arab Emirates to Saudi Arabia.

Tuesday, the Trump administration suggested the possibility of a U.S. exit from the United Nations Human Rights Council. In her first address to the UNHRC and in an op-ed in The Washington Post, U.S. ambassador to the U.N. Nikki Haley argued that the council exhibits anti-Israel bias and ignores the human rights violations of its members.

Wednesday, U.K. Prime Minister Theresa May said the country needs to be more aggressive in combatting terrorism, “and if our human rights laws get in the way of doing it, we will change the law so we can do it.” May proposed making it easier to deport foreign terrorist suspects and to “restrict the freedom and movements of terrorist suspects” against whom there is not enough evidence to prosecute in court.

Wednesday, The New Yorker explained how the Global Gag Rule affects Africa by targeting women in some of the world’s poorest countries. The United States provides more international health assistance than any other country, and in these regions, there are too few health centers to provide specific services like abortion. The Gag Rule also complicates treatment of women with H.I.V. and AIDS because providers cannot even raise the question of abortion to a woman who’s infected, which will result in more infected children and less money to treat them with.

Photo Credit: U.K. Department for International Development Flickr CC-BY-2.0

GJC Weekly News Roundup

Monday, women gathered outside of the capitol in Hartford, Connecticut as the marches and protests against the Trump administration continued. Women came promoting women’s rights and addressed lawmakers that they were unhappy with the lack of equal rights.

Tuesday, reproductive rights activists protested the new vote to defund Planned Parenthood nationwide. Many protesters and Planned Parenthood supporters site the importance of the organization, which offers not only abortions, but also mammograms, pap smears and contraceptives, all of which are essential to women’s reproductive health.

Tuesday, an interesting article was posted on the importance of essential maternity care and the need for insurance companies to provide women with post-natal medical coverage. It criticizes the new healthcare plan that Republicans are pushing for, as it allows state governments to “waive such essential coverage” which “threatens the small but significant gains made for vulnerable women in the years since Obamacare became law.”

GJC Weekly News Roundup

Thursday, here’s a good list of the main provision of the new Republican Health Care Bill. Some of the changes include allowing insurers to charge older adults more than younger adults for the same coverage and Medicaid cuts amounting to $880 billion over the next 10 years. 

Thursday, the Global Gag Rule is negatively affecting women in India where abortion is considered a woman’s right. The Gag Rule could negatively impact India’s sovereignty and put women in danger if access to healthcare is limited. People are arguing that abortion cannot be separated from women’s healthcare, as it should come together as one package in order to protect women.

Thursday, Hillary Clinton speaks out against the “troubling ideas” regarding women and healthcare that have been spreading because of the current administration and President Trump. In her speech, she mentioned that women’s issues should not be considered minor and criticized the efforts to repeal ACA.

GJC Weekly News Roundup

Monday, President Trump is vowing to drastically cut finding for aid programs in developing countries and merge the State Department with USAID. The money slashed from aid programs will be transferred to national security programs. The cut in funding will also affect programs and offices that promote women’s rights and foreign assistance.

Tuesday, the United Nations’ Commission on the Status of Women has approved Saudi Arabia as a new member of the Commission for the 2018-2022 term. While it received the lowest number of votes when considering a new member, it is still enough to pass the majority threshold. This led to an outrage among human rights activists who say that Saudi Arabian laws repress women. Some, however, see it as an opportunity for Saudi Arabia to reform its laws and for people working to promote women’s rights to find support from leading international organizations.

Wednesday, the House Freedom Caucus gave its approval to a more conservative version of ACA, giving the Republicans another opportunity to repeal President Obama’s Affordable Healthcare Act. One of the latest proposals allows “states to obtain waivers from federal mandates that insurers cover certain “essential health benefits,” like emergency services, maternity care, and mental health and substance abuse services, which many Republicans argue have driven up premiums.” As for reproductive healthcare, the article does not mention any new developments, which is not to say that the new healthcare plan will have the same benefits as Obamacare.

Wednesday, the US is expected to announce revised global gag rule implementation guidelines, which can potentially lead to slashing of approximately $8 billion in U.S. international health assistance. As many global healthcare organizations, including those that offer abortions, rely on US funding, the new guidelines will negatively affect the ability to provide crucial healthcare to women in need. However, there is not guarantee that all NGOs will comply with the new guidelines.

GJC Weekly News Roundup

Tuesday, researchers asked what helps to establish a democratic society? According to a study published by the European Journal of Political Research, it is increased women’s rights that helps a country become more democratic. When women have access to political and social rights and representation, it aids democratic development and helps a country transition from an authoritarian regime.

Wednesday, despite the recent elections in the Netherlands, the “She Decides” fund for family planning is still receiving support from the new leadership and expects support to continue on a national level and international level. Recently, Iceland and Slovenia have joined the campaign and have promised to contribute a total of $190,000. Still, there is a long way to go before the fund reaches its $600 million annual goal to support organizations that will no longer receive financial support from the U.S. due to the expanded Global Gag rule.

Thursday, following the U.S. airstrike against a Syrian air force base on April 7, President Trump was met with both support and criticism. The question that concerns the critics is whether the airstrike is legal by international law standards and whether it constitutes an act of aggression. There are only two justifications for the use of force under international law and Trump’s strike does not meet either criterion.

Thursday, President Trump signed legislation that will cut off federal funding to Planned Parenthood and other organizations that provide abortion services. This measure nullifies a rule that was put in place by President Obama that barred states and local governments from cutting funding for family planning services. While President Trump’s decision has been met with approval from conservatives, there is widespread opposition. Human rights and women’s rights activists worry of the repercussions of the lack of funding for women’s healthcare.

Friday, following the inauguration of President Trump, women across the nation have united to oppose and fight back against new rules and regulations imposed by the Trump administration. Female activists are attempting to maintain the progress that has been made with the Obama administration and encourage more women to join the mobilization against the new President through protest and democratic ideals.

Global Justice Center at the Women's Strike

Global Justice Center at the Planned Parenthood Protest