International Law Demands the U.S. Do Better on Abortion Policy

Read GJC Staff Attorney Danielle Hites' post on the Ms. Magazine Blog.

Within days of assuming office in 2017, President Trump re-instated and expanded the Global Gag Rule, which restricts funding for international organizations that provide or “promote” abortions. Two years later, feminist lawmakers serving in the now Democratic-led House kicked off their own terms by attempting to roll it back.

Pending legislation to establish a budget and keep the government open beyond the three week negotiation period includes a provision that would protect NGOs from being categorically defunded, effectively rescinding the Global Gag Rule. The House spending bill would render health and medical services of such organizations, including counseling and referral services, as insufficient for the sole basis for ineligibility for U.S. funding, and allow NGOs to use non-U.S. funding with fewer regulations.

Every Republican president since Ronald Reagan has enacted some version of the Global Gag Rule, but Trump drastically expanded its scope—and magnitude of harm. NGOs receiving U.S. foreign aid are now prohibited from spending any of their funds, including funding from non-U.S. sources, on abortion-related services, referrals, counseling or advocacy. Trump’s iteration of the Global Gag Rule also applies to all U.S. global health assistance, as opposed to previous version which were centered solely on U.S. family planning funds, meaning it affects $8.8 billion of foreign aid rather than $575 million.

Read the Full Article

Leitner Human Rights Speaker Series – Exporting Censorship: The Suppression of Abortion Speech and Information

From Jan. 29, 2019 12:30 until 13:30

At Fordham Law School, New York, NY

Global Justice Center President Akila Radhakrishnan will discuss illegal US abortion restrictions' violations of the freedoms of speech and association, including the Global Gag Rule, Helms Amendment, and Siljander Amendment.

Related Resources:

 

Proposed "Domestic Gag Rule" Violates Americans’ Right to Free Speech

FOR IMMEDIATE RELEASE – July 31, 2018

[NEW YORK, NY] – Today marks the deadline for public commentary on the changes to the Title X Family Planning Program proposed by the Department of Health and Human Services (HHS). If adopted, this domestic “gag rule” would ban health centers that receive Title X funding from providing their patients with information, referrals, access or support regarding abortion services. This rule is yet another attack by the Trump Administration on low-income and minority communities.

U.S. Restrictions on Free Speech & Association: How U.S. Anti-Abortion Policy Violates International Law

The Global Gag Rule Violates the Freedom of Speech

Since 1973 and the passage of Roe v. Wade, the United States has imposed restrictions on how foreign aid money is spent when it comes to abortion. These restrictions directly impact health care providers by reducing the services and information they can give. In fact, the restrictions are so far-reaching that they also limit the activities of experts and advocates when it comes to defending abortion rights. As a result, the U.S.—a country that prides itself on its democratic ideals—is continually violating the free speech and association rights of health care providers and advocates around the world.1

How U.S. Abortion Restrictions Violate International Law

  • Limit debate on issues of public interest and advocacy on human rights.
  • Harm the democratic process of other countries by preventing the free and open discussion of abortion as a right and barring the discussion of legislative changes to make the right effective.
  • Fail to provide sufficient clarity on which speech and activities remain allowed, creating a chilling effect on speech and activities that remain permissible. 
  • Do not pursue a legitimate aim such as national security or public health. The U.S. government itself does not see these restrictions as necessary to achieving a legitimate aim, as the Global Gag Rule is regularly removed and reinstated by U.S. presidents along party lines. In fact, the restrictions threaten women’s health by decreasing access  to necessary health care services and increasing unsafe abortion rates.2