Abortion Access in Conflict

This program aims to ensure that victims of rape in armed conflict are provided access to abortion as a matter of right to comprehensive and non-discriminatory medical care under international humanitarian law.


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 Preparted 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. 

GJC President (acting) Speaks at the Feminist Majority Foundation's National Young Feminist Leadership Conference

Saturday, March 17, 2018 at 10:00 am - 12:00pm

At Washington, DC

Sponsored by the Feminist Majority Foundation, the 2018 National Young Feminist Leadership Conference will provide young activists with the opportunity to network, grow their knowledge on pertinent domestic and global feminist issues, and fine-tune their organizing methodology.  Young feminist activists from around the nation come together to discuss issues including (but definitely not limited to) reproductive justice, eco-feminism, intersectionality and identity-based activism, campus organizing tactics and methods, violence against women, ballot measures and political organizing, social media and web-based activism, and global women’s rights and health. GJC President (acting) Akila Radhakrishnan will be speaking on the harm caused by US abortion restrictions. 

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Today on International Women’s Day, the Global Justice Center Presses Forward for New Rights for Women

FOR IMMEDIATE RELEASE -March 8, 2018

[New York]– On International Women’s Day, the Global Justice Center stands with women and girls raped in conflict. As a direct result of the abortion restrictions the US puts on its foreign aid, including the Trump Administration’s expanded Gag Rule, women in conflict are regularly denied the medical care they are entitled to and need.

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.

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On the Anniversary of “She Decides,” US Must Repeal its Anti-Abortion Restrictions

FOR IMMEDIATE RELEASE -March 2, 2018

[New York]– Today marks the one-year anniversary of the day when governments all over the world came together and created the She Decides initiative to combat the impact of the Trump administration’s expanded Global Gag Rule. She Decideshas raised over $450 million to date to support women’s sexual health and reproductive rights, however estimates show that the Gag Rule may impact over $2.2 billion in funding per year.

Submission to the UN Human Rights Council for US UPR

GJC sends a mid-term report submission for the Universal Periodic Review of the United States of America. The report examines the restrictions that the US puts on foriegn aid regarding the provision of abortion services and the ways those restrictions violate international law.

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State Department Releases Flawed and Premature Review of the Global Gag Rule

FOR IMMEDIATE RELEASE -February 9, 2018

[NEW YORK] On Wednesday, the State Department released a six-month review on the impact of the Global Gag Rule (or as the White House calls it, the “Protecting Life in Global Health Assistance” policy.) This review is both limited in scope and extremely premature, as insufficient time has passed to assess the impact of the policy and draw conclusions. 

FAQ: How US Abortion Restrictions on Foreign Assistance, including the Global Gag Rule, Violate Women Rights & Human Rights

On January 23, 2017, his second day in office, President Trump issued an executive order reinstating the Global Gag Rule (“GGR” or “Gag Rule,” now termed “Protecting Life in Global Health Assistance”), restricting US funding for organizations that provide abortion services as a method of family planning. The GGR joins a multitude of other restrictions on family planning and abortion imposed on US foreign assistance that permit the US government to dictate the care provided to women around the world. This FAQ explores commonly asked questions about these policies—what they are, what they mean, and their impact is—including on women’s and human rights.

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Protecting safe abortion in humanitarian settings: overcoming legal and policy barriers

GJC Vice-President, Akila Radhakrishnan, GJC Legal Fellow, Elena Sarver and GJC Staff Attorney, Grant Shubin published an article in Reproductive Health Matters.

Abstract:

Women and girls are increasingly the direct and targeted victims of armed conflict and studies show that they are disproportionately and differentially affected. However, humanitarian laws, policies, and protocols have yet to be meaningfully interpreted and adapted to respond to their specific needs, including to sexual and reproductive health services and rights. In particular, safe abortion services are routinely omitted from sexual and reproductive health services in humanitarian settings for a variety of reasons, including improper deference to national law, the disproportionate influence of restrictive funding policies, and the failure to treat abortion as medical care. However, properly construed, abortion services fall within the purview of the universal and non-derogable protections granted under international humanitarian and human rights law. This commentary considers the protections of international humanitarian law and explains how abortion services fall within a category of protected medical care. It then outlines contemporary challenges affecting the realisation of these rights. Finally, it proposes a unification of current approaches through the use of international humanitarian law to ensure comprehensive care for those affected by armed conflict.

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Ninety humanitarian and human rights groups call on European Commission to provide abortion services to women and girls in war zones

FOR IMMEDIATE RELEASE -November 23, 2017

[NEW YORK and GOMA]– On Saturday, the world celebrates the International Day for the Elimination of Violence against Women. In anticipation of this day, a global coalition of ninety civil society organizations calls on the European Commission to ensure that abortion, a medical procedure, is included in the medical care offered to women and girls, particularly in areas where rape is used as a weapon of war. 

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. 

 

Global Justice Center Applauds Senate Committee Vote Against Global Gag Rule

FOR IMMEDIATE RELEASE - September 8, 2017

[NEW YORK, NY] – On Thursday, the Senate Appropriations Committee moved to reinstate funding for the United Nations Population Fund and overturn Trump’s reinstatement and expansion of the Global Gag Rule. Sen. Jeanne Shaheen from New Hampshire proposed an amendment to the 2018 State and Foreign Operations Appropriations Bill that would overturn Trump’s expanded version of the Gag Rule, reinstate US contributions to UNFPA and limit the power of any future president to reinstate the Gag Rule. The amendment was approved with the votes of two female republicans, Senator Collins from Maine and Senator Murkowski from Alaska, but still needs to pass the full senate to become law.

US Abortion Restrictions: An Explainer

President Trump’s expanded Global Gag Rule is being implemented through standard provisions issued by all affected agencies and sub-agencies, including:

Except for some small non-material language, these regulations are substantially the same across agencies. To provide context, GJC has annotated USAID’s Standard Provisions for Non-US Non-Governmental Organizations (ADS 303), which is the primary vehicle through which this censorship is being effected. These regulations also include provisions which implement other US abortion restrictions on foreign assistance, including the Helms and Siljander Amendments, which restrict the activities of all recipients of US foreign assistance.

This annotation highlights, explains and contextualizes the laws and policies that restrict or place restrictions on U.S. funding of abortion or family planning services abroad.

Background: After the US Supreme Court’s landmark ruling in Roe v. Wade (which held that the U.S. Constitution protects a woman’s decision to terminate her pregnancy), Congress began restricting abortion access through funding restrictions both domestically (Hyde Amendment) and abroad (the Helms Amendment). Over the years, the funding restrictions on foreign assistance have grown and now encompass all US foreign aid through their incorporation into annual appropriations acts, which are then implemented by agencies providing foreign aid, primarily USAD and the State Department. These congressional restrictions limit what can be done with US funds.

 In 1984, President Reagan expanded these restrictions on foreign NGOs through the “Mexico City Policy” (or Global Gag Rule) and began limiting with those organizations could do with their funds from any donor. The Gag Rule was rescinded by President Clinton, reinstated by President Bush, rescinded by President Obama and reinstated and expanded by President Trump.

Today, all entities receiving US foreign aid cannot speak about or provide abortions with US funds in any circumstances, including rape, life endangerment and incest. Furthermore, foreign NGOs receiving US global health assistance aid must now certify that they will not actively promote or provide abortion services as a method of family planning with funds from any donor and all NGOs receiving US global assistance funds cannot partner with or sub-grant to any foreign NGO that won’t certify the same. As a result, today, the United States is denying necessary and safe medical care to women and girls around the world in violation of their rights under international law.

This annotation seeks to demystify US abortion restrictions and map how and where they are put into place.  

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U.S. Continues to Prioritize Anti-Abortion Policy Over The Wellbeing of Women

By Marie Wilken

The United States recently rejected a United Nations Human Rights Council resolution on violence against women because it contained language calling for access to abortion in countries where it is legal. This is yet another example of the Trump administration using international aid and laws to limit access to abortion around the world. Like the Global Gag Rule, this rejection ignores that in addition to infringing on reproductive rights, these actions have many negative ramifications that are unrelated to abortion.

After a resolution aimed at eliminating violence and discrimination against women, introduced by Canada, was adopted by consensus, the United States dissociated from the consensus because of a sentence about abortion.  While abortion was not a primary focus of the resolution, it stated that all women should have access to “comprehensive sexual and health-care services” including “safe abortion where such services are permitted by national law.” U.S. First Secretary to the U.N. in Geneva Jason Mack delivered a statement saying that the U.S. agrees with the “spirit” of the resolution but cannot endorse the paragraph on reproductive services because the U.S. does “not recognize abortion as a method of family planning, nor do we support abortion in our reproductive health assistance.”

This is not a singular action; its motivations and effects parallel other Trump administration policies. Congress’s new health care bill defunds Planned Parenthood—a policy that, though driven by anti-abortion sentiment, will have a much broader impact on women’s health care. This year President Trump reinstated and greatly expanded the Global Gag Rule. The administration refuses to fund international aid even loosely related to abortion, and its rejection of the UN resolution suggests it is adopting a similar approach toward international law. Because of the Gag Rule, organizations are afraid to even reference abortion out of fear of losing their U.S. funding. There is now fear that the same chilling effect to mentions of abortion and other reproductive rights will spread to international law. The Global Gag Rule, health care bill, and rejection of the UN resolution not only violate women’s reproductive rights, but all also deny women unrelated services and protections.

The United States’ resistance to international reproductive rights is dangerous. By denying women around the world safe and accessible abortion, it risks the lives of women and girls. Approximately 830 women die from preventable pregnancy- and childbirth-related causes per day. U.S. policy forces some of the world’s poorest women to choose between giving birth to a child they cannot afford to care for and seeking an unsafe abortion. The World Health Organization estimates that approximately 225 million women in developing countries want to prevent pregnancy but are not using contraception, mostly due to the limited reproductive health services available.  The administration’s policies are also dangerous because of the message they send the international community about abortion and U.S. ideals. Abortion is a reproductive right, and reproductive rights are an essential aspect of women’s rights—but Mack’s statement separated abortion from other rights and reproductive health services and demonized it. He wielded United States influence over international norms to push them backwards, away from progress toward equal protection of rights.

Because of one sentence on abortion, the United States obstructed the entire resolution. In addition to attacking women’s reproductive rights, the U.S. missed its opportunity to show commitment to improving the lives women through preventing violence and eliminating discrimination. By doing so, the Trump administration reaffirmed its willingness to sacrifice women’s rights, health care, and even lives.