Response to Proposed United States Strategy on Women, Peace and Security

FOR IMMEDIATE RELEASE— June 13, 2019

[NEW YORK, NY] - This week, the Trump Administration released the United States government’s latest strategy on women, peace and security (“WPS”).  While it contains lofty goals to advance women’s equality and political participation, these objectives are directly undermined by current US policies.

“The Trump Administration’s stated commitment to advancing women’s equality through the WPS strategy is absurd,” says Global Justice Center President Akila Radhakrishnan. “In fact, this administration is actively harming women and girls around the world by expanding the Global Gag Rule, blocking language on access to life-saving healthcare services for war rape victims at the UN Security Council, and impeding international efforts at accountability for gender-based violence through its threats against the International Criminal Court. Until these policies, and others, change, this WPS strategy is not even worth the paper it’s printed on.”

UN Security Council Adopts Resolution 2467

FOR IMMEDIATE RELEASE – April 23, 2019

[NEW YORK, NY] – Today, the United Nations Security Council adopted Resolution 2467 on Women, Peace and Security. Although the resolution purports to address the needs of victims of sexual violence in conflict, it contains no direct references to reproductive health—a key component of necessary and comprehensive medical care. This last-minute compromise was made to avoid a certain veto by the United States government.

United Nations Human Rights Committee Requests Information on United States Violations of Sexual and Reproductive Rights

FOR IMMEDIATE RELEASE – April 3, 2019

[NEW YORK, NY] – Today, the UN Human Rights Committee (HRC) challenged the United States’s restrictive abortion policies as potential violations of the International Covenant on Civil and Political Rights (ICCPR) in its list of issues prior to submission of the fifth periodic report of the United States. The Global Justice Center (GJC) commends the HRC for asking the US to provide information on the impact of the reinstatement of the Global Gag Rule on women's rights under the ICCPR, including to non-discrimination and equal protection under Article 2, 3 and 26, the right to life in Article 6 and the right to be free from torture and other cruel, inhuman or degrading treatment or punishment under Article 7.

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

Censorship Exported: The Impact of Trump’s Global Gag Rule on the Freedom of Speech and Association

Joint policy brief by the Global Justice Center and the Center for Health and Gender Equality (CHANGE)

In January 2017, President Trump signed a presidential memorandum reinstating the Global Gag Rule (GGR), an onerous policy that not only limits the provision of abortion services as a method of family planning but also restricts a wide variety of speech about abortion, including information, certain types of research, and advocacy. 

Two years on, the detrimental impacts of Trump’s GGR on sexual and reproductive health, HIV and AIDS services, and maternal mortality are well documented. But the GGR, in conjunction with other US abortion restrictions on foreign aid, also violates the fundamental rights of individuals and organizations to free speech and association. This policy brief looks at the documented impacts of the GGR that have been observed over the past two years against the human rights framework protecting the fundamental freedoms of speech and association. This is an edited version of GJC and CHANGE’s submission to the Human Rights Committee’s 125th Session for the preparation of the US List of Issues Prior to Reporting.

Read the Full Analysis

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:

 

Observations and Topics to be Included in the List of Issues United States of America: US Abortion Restrictions on Foreign Assistance

With this submission, the Global Justice Center (GJC) and the Center for Health and Gender Equity (CHANGE) aim to provide guidance to the pre-session Working Group in its preparation of the list of issues to be examined during the Human Rights Committee’s (“Committee”) review of the United States (US). It specifically focuses on areas of concern with respect to the US’s violations of the International Covenant on Civil and Political Rights (ICCPR) related to sexual and reproductive rights of individuals around the world.

Read the Full Submission

Why the US Needs CEDAW: Abortion as a Human Right in the United States

By Jessica Pierson

This year marks the 42nd anniversary of the Hyde Amendment, a legislative provision barring the use of federal funds to pay for abortion except in extreme circumstances. The Hyde Amendment has been a key way in which conservative lawmakers have been able to systematically deny a large portion of women their constitutional right to an abortion. Even though the right to abortion is the law of the land, U.S. constitutional law does not affirmatively guarantee that every person must be able to access an abortion. A case in point being that the Supreme Court has ruled twice that the Hyde Amendment is constitutional, even though its effects have been detrimental to American women.

A human rights framework, on the other hand, requires that government respect, protect, and fulfill the right to an abortion. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the international treaty on women’s rights that has been ratified by nearly all the United Nations member states except for the U.S. In contrast to the U.S. Constitution, CEDAW imposes an equality standard that requires all laws that disparately impact women be scrutinized to secure de jure and de facto equality for women. The CEDAW Committee, the monitoring body for the treaty, has repeatedly made clear that it considers restrictive abortion laws incompatible with the human rights of women. Therefore, the Hyde Amendment would violate a human rights framework, which would require that the state ensure that every woman, regardless of her income or race, could access the same rights. As the founder of the Global Justice Center, Janet Benshoof, has argued, ratification and full implementation of CEDAW in the U.S. would radically change the basic equality rights of American women, including the right to an abortion.

I Won’t Stop Fighting for Title X—Because it Transformed My Mother’s Life

GJC Grants and Development Manager Danielle Stouck published an op-ed in Ms. about the impact of Title X funding on young women's reproductive health and rights.

My mother can recall in vivid detail the day she went with her friends to buy birth control in 1970. She planned the excursion meticulously: Her high school nurse wrote notes excusing her and her friends from class that day, and she secretly borrowed the family car while her parents were out of town. Soon, they were on the road to a Planned Parenthood clinic in Newark, New Jersey.

Before her trip, pregnancy was, in my mother’s words, her “greatest fear.” The stigma associated with teenage pregnancy was suffocating. Roe v. Wade was still a few years away. Two of her closest friends had become pregnant, but New Jersey laws strictly prohibited abortion.

Read the Full Article 

The Devastating Consequences of Inadequate Medical Care Within ICE Detention

By Katya Kolluri

While Attorney General Jeff Sessions publicly introduced the “zero tolerance” immigration policy in May that caused children to be separated from their families, another Department of Homeland Security policy was quietly instituted five months earlier. In December, Trump signed off on a new directivewhich allows the detention of pregnant women, except those in their third trimester of pregnancy.

One of the directive’s listed responsibilities is: “Ensuring pregnant detainees receive appropriate medical care including effectuating transfers to facilities that are able to provide  appropriate medical treatment”.

However, numerous pregnant detainees claimed this directive was not being followed. A recent journalistic investigation by BuzzFeedrevealed that pregnant women held in Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) custody under the Trump Administration were abused and denied medical care during their first few weeks of detention, with almost all of them miscarrying while still in custody. In addition, pregnant women were shackled tightly around the stomach when being transported between facilities, and were physically and psychologically abused while in detention. Five women who were pregnant while in ICE and CBP custody described jailers being unresponsive to their medical emergencies including while they were clearly miscarrying, and physical abuse from CBP officers who knew that they were pregnant. In the report, one woman claimed she had been pushed onto the floor by officers even after her telling them that she was pregnant. The officers were quoted as having said that they did not believe the woman, and that it was not their problem.

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.

"That's Illegal" Episode 8: Refugee Detention and the Law

In this episode of That's Illegal, GJC President Akila Radhakrishnan and Legal Fellow Kristin Smith discuss the United States' policy of refugee detention at the border, Trump's executive order on family separation, and how it all fits in the context of international law. 

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Statement on the US Decision to Withdraw from the UN Human Rights Council

FOR IMMEDIATE RELEASE - June 19, 2018

[New York]– Today’s decision to withdraw from the UN  Human  Rights  Council  is shortsighted and will further marginalize the United States in the international arena.

The Council is an important venue to address the human rights records of all countries, including the United States. Just yesterday, the UN High Commissioner for Human Rights called the Trump Administration’s family separation policy “unconscionable” and demanded its immediate cessation. The UN Special Rapporteur on extreme poverty and human rights is scheduled to present a report to the Council this Thursday that criticizes US policies as “cruel and inhuman,” and driven by a “contempt for the poor.” 

As the Trump Administration continues its abhorrent racist, xenophobic and misogynist policies, withdrawal from the Human Rights Council will not shield the United States from being held accountable under the human rights framework.

President Trump Puts Women At Risk With U.S. Abortion Gag Rule

FOR IMMEDIATE RELEASE – May 23, 2018

[NEW YORK] – The Trump administration proposed a domestic “Gag Rule” last night, banning health centers that provide, refer, support, or assist women in accessing abortion services from receiving Title X funding. This dangerous policy will deny women their fundamental human rights.

Like the Global Gag Rule reinstated by President Trump in 2017, the Domestic Gag Rule will coerce doctors into staying silent about the option to terminate a pregnancy (except in extremely limited circumstances) under threat of losing their government funding. In effect, the Domestic Gag Rule will prevent doctors from providing complete and accurate medical guidance to women. Even if a patient asks directly where she can obtain an abortion, a Title X provider will not be able to provide her with direct information in order to allow her to access her constitutionally protected right.

Read Akila Radhakrishnan's Speech at the Feminist Majority Foundation's 2018 National Young Feminist Leadership Conference

2018 National Young Feminist Leadership Conference
March 17, 2018 Washington, DC
Text of Prepared Remarks

"I think we all remember the image of Donald Trump, on his third day in office, surrounded by a group of white men, with Mike Pence looking anxiously over his shoulder, signing an executive order stripping women and girls around the world of their access to safe abortion services. And he didn’t just do it like Presidents before him—like Regan and George W. Bush—he did it bigly. 

US Abortion Restrictions on Foreign Aid and Their Impact on Free Speech and Free Association

The United States (US) imposes restrictions on its foreign aid that limit both services and speech related to abortion. They attach to nearly all recipients of foreign aid—limiting the activities, speech, and information that can be legally provided by doctors, health professionals, experts and advocates. These restrictions violate the US’s fundamental human rights obligations to protect free speech and free association.

This brief explains the restrictions on free speech and association imposed by the US Congress (the Helms and Siljander Amendments) and by the executive branch (the Global Gag Rule [“Gag Rule” or “GGR”]). It then details the US’s human rights obligations to respect freedom of speech and association, focusing on obligations under the International Covenant on Civil and Political Rights (ICCPR). The ICCPR only allows for the restriction of these rights in narrow circumstances: where the restriction is adequately provided by law, where it serves a legitimate aim (such as national security or public health), and where the state demonstrates that the restriction is necessary and proportionate in achieving that aim. This brief demonstrates that the Helms and Siljander Amendments and the GGR all fail that strict test, and therefore violate US obligations to ensure and protect the rights to free speech and association guaranteed under international human rights law.

Download PDF 

 

"That's Illegal" Episode 6: Freedom of Information

In this episode of That's Illegal, GJC's Executive Assistant Merrite Johnson explains the process of requesting information from the US Government via the Freedom of Information Act (FOIA). 

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The Winding History of the Global Gag Rule

By Julia d'Amours

On September 7th, Senate lawmakers presented “a twofold rebuke” to the Trump Administration’s abortion policy. The proposed legislation would reinstate funding to the United Nations Population Fund and overturn the Global Gag Rule, a hallmark Republican presidential policy that bans US support for international organizations that offer or promote abortion services.

The first segment of the bill regards support for the UN Population Fund (UNFPA), which has a winding and tumultuous relationship with the United States. The UNFPA aimsto promote family planning, maternal health resources, and improved childcare in developing countries. It was founded at the urging of President Nixon in 1969, with the US being one of its core leaders. By 1984, however, President Reagan became one of the UNFPA’s greatest adversaries, accusing it of supporting the Chinese “one-child” policy.  He pulled funding from UNFPA through the Kemp-Kasten anticoercion law, which revoked US support from any organization that “supports or participates in the management of a program of coercive abortion or involuntary sterilization”. Since then, funding for the UNFPA has waxed and waned with the party of presidential leadership, with Democrats offering support for the organization and Republicans being quick to rescind it.

The second facet of the proposal is an amendment presented by Jeanne Shaheen (D- New Hampshire) to undo the “Mexico City Policy”. The Mexico City Policy, also known as the Global Gag Rule, bars federal aid to foreign organizations that provide or promote abortion. Under Trump, however, the policy has been expanded to all organizations that receive global health funding, such as those offering maternal health, anti-Zika, and preventative HIV/AIDs programs.The proposed legislation would undo Trump’s reforms, limit future efforts to reinstate the Mexico City policy, and restore US funding to UNFPA. The Amendment narrowly passed in a 16-15 vote with Republican Senators Susan Collins (Maine) and Lisa Murkowski (Ark) casting the final votes in favor.

The proposal has been praised across party divides. Shaheen applauded the bipartisan support for the new policy, claiming it would “preserve and restore funding levels for international organizations that help to prevent over 50 million unintended pregnancies around the world, and reduce the number of maternal deaths we see from those accessing unsafe abortions when the lack of family planning leaves them without options.” Family planning proponents hailed the move for “sending the message that the lives of girls, women, and families who rely on reproductive healthcare matter here and abroad,” said Brian Dixon, Senior Vice President of the Population Connection Action Fund.

Despite the acclaim, the future of the amendment remains uncertain. Unlike previous efforts to reinstate UNFPA funding and repeal the Global Gag Rule, the amendment has to pass through a Republican Senate, House, and Executive branch. Social conservatives in the House have controlled the US reproductive health agenda since 2011. Typically, the Senate has rebuked their more radical proposals, but now that social conservatives have more control there, the fate of the bill is even more uncertainRemarked Dixon, “[the bill] has to be passed by the full Senate… It’s hard to know what they’re going to do… At some point, these two bills are going to get negotiated into something that both houses will pass.” Senator Lindsay Graham (R- S.C.) commented that the GOP-dominated house would insist on keeping Trump’s policy in place. “This is the same debate we have every year, probably with the same outcome,” he claimed.

Another indication of the amendment’s uncertain future is that the House spending plan includes no financial provisions for it, hinting that the proposal is unlikely to pass or at least will be watered-down before becoming law. Historically, Capitol Hill has opted to retain a traditional budget that preserves the status quo, and the foreign aid required to enact an amendment restoring funding for the UNFPA and rescinding the Gag Rule could amount to as much as $8.8 billion.

This bureaucratic push-and-pull between Republicans and Democrats on the Global Gag Rule may appear strictly political, but it has a very real effect on people’s lives and health throughout the developing world. For example, the Lesotho Planned Parenthood Association received 426,000 condoms from USAID over two years during the Clinton Administration. Once the Gage Rule went back into effect upon the election of Geroge W. Bush, the shipments ceased because the association was the only accessible conduit for condoms in the entire country, in which one in four women was HIV/AIDS positive.

Nor do Republicans’ intentions to curb abortions through rescinded funding seem productive. The claim that cutting family planning funding will make “abortion more rare” has never been supported with data. Studies by Stanford University and a survey of abortion rates in Ghana have shown the contrary to be true. Moreover, cuts to family planning services means abortions are more likely to be performed unsafely, a leading cause of maternal death. 

The global trend towards liberalizing family planning services throughout the world indicates the common understanding that access to family planning services and abortion is a right and essential dimension to healthcare. Limiting maternal health and family planning resources does not reduce rates of abortions, but raises the death tolls for women and their children, meaning Republicans’ “pro-life” policy is actually the contrary.