Illegal US Abortion Policy

This program challenges US abortion funding restrictions, including the Helms Amendment, Global Gag Rule, and Domestic Gag Rule, as violations of international law.


Women’s Bodies, Today’s Battleground: A Personal Story of Courage from the Global Summit to End Sexual Violence in Conflict

(*Unless otherwise cited, the information in this article is based on GJC Program Intern Isabella Szabolcs’ interview with Haitian human rights advocate Jocie Philistin on June 6, 2014. It has been translated from French to English with Ms. Philistin’s consent.)

Jocie Philistin is sitting in the conference room of the Global Justice Center before catching a flight to London, where she will represent the most critical voice at the UK Global Summit to End Sexual Violence in Conflict: women working on the ground in conflict zones. She is thousands of miles away from her home in Haiti, where she works as a human rights advocate for Haitian survivors of sexual violence. When asked about what event impacted her most in her work with female survivors, Jocie recounted a story of a thirteen year-old girl who has been raped:

Just minutes after her water broke in Port au Prince, Haiti, the thirteen year-old girl was refusing to go into labor. She was terrified of giving birth to her own flesh and blood, a chilling reality that was all too literal. Raped by her twenty-eight-year-old brother, a member of Haiti’s military force, the girl was one of the few survivors of sexual violence to see her perpetrator imprisoned. Although her brother was detained, her trauma was far from over. He terrorized her over the phone threatening to kill her for reporting the assault, and his fellow paramilitaries attempted to set her on fire. In spite of the imminent death threats, it was the idea of bearing a child born of rape and incest, a child she could not accept or care for, that was the more frightening reality for the pregnant girl.

Had it not been for the support from the International Civilian Mission—who Jocie worked for—the girl’s story would have ended like so many others, culminating in further abuse or even death. As Jocie points out, this young girl’s harrowing account is not unique. This is the experience of thousands of women and children who are victims of sexual violence in armed conflict zones around the world. The traumatizing effects of sexual violence remain with the survivor forever.

Jocie’s Story

A girl never forgets the daunting memory of being sexually violated.

Her Haitian name, as she proudly recounts, means “God is gracious.” For Jocie, her name became an emblem and a source of her empowerment as she began her mission of helping rape and sexual assault survivors find hope, peace, and justice.

When Jocie was sexually assaulted three times by a senior member of the military, she experienced stigmatization and a lack of adequate access to care. It became clear to her that greater attention had to be given to sexually abused victims. “When you are violated or sexually assaulted, you never forget the experience or its lasting effects. I wanted to help these girls, give them hope and prevent such dehumanization from happening again. My similar experience to these victims allowed us to understand and psychologically help each other.”

For the past 16 years, Jocie has worked with Haitian victims of sexual abuse, a population whose numbers increased drastically as a result of the 1991 military coup d’état and the 2010 earthquake. After the coup d’état, Jocie began her work at the International Civilian Mission, which is run by both the UN and the Organization of American States. Through the mission, she helped victims of sexual violence find justice and faith, and pressured the government to take action and to hold the perpetrators accountable. She also helped pioneer a seminal 2005 law making rape a crime in Haiti. After the 2010 earthquake, Jocie worked for the Bureau des Avocats Internationaux, an international law firm that provided free legal and security assistance to survivors of sexual violence and KOFAVIV, a local grassroots organization whose acronym translates to the “Commission of Women Victims for Victims” and lends social, psychological, and medical support and empowerment to survivors.

Currently, Jocie works as an evangelical preacher and women’s rights advocate. She founded her own organization, the Yahweh-Rapha Foundation (“The Lord Who Heals” Foundation), where she trains youth groups to become knowledgeable activists in the church and community on the prevention and care of victims of sexual abuse. Her goal is to raise awareness about the reality of sexual violence in Haiti and reduce the stigmatization attached to these victims. By creating dialogue on a conventionally taboo subject, Jocie hopes to increase reporting for sexual violence crimes, end the vicious cycle of “victim-blaming” and ostracization, demand accountability, and ensure immediate medical attention within 72 hours of the attack.

Support and Hope for Survivors

Last week, the Global Justice Center had the privilege of bringing Jocie to attend the Global Summit to End Sexual Violence in Conflict in London. Her presence at the Global Summit, like those of other survivors and those working with sexual violence survivors on the ground, is vital when the international community comes together to discuss ways to protect and respond to sexual violence against women in conflict zones. Jocie represents the voice of a victim and it is essential that policymakers give a platform to survivors to direct their own future. These are exactly the kind of voices that must be amplified and the Global Summit was the perfect opportunity.

Co-chaired by the UK’s Foreign Secretary William Hague and the Special Envoy for the UN High Commissioner for Refugees, Angelina Jolie, and attended by 129 governments, foreign ministers, UN officials, and civil society, the summit was a milestone for women’s rights. This is the first global meeting to focus on sexual violence in conflict-affected areas. Yet this historical achievement is only the first step towards progress. The Summit raised many concerns and key areas for change that must be addressed in the struggle for ending sexual violence in conflict. One much-needed area for improvement in advancing these human rights is international support for civil society’s role in this fight for justice. However, the Summit, while ambitious in its scope, did not adequately incorporate human rights organizations and grassroots advocates in engaging “governments to take meaningful action…to stop rape and gender violence in conflict” and which limited the scope of the conversation. This effect was evident by the conclusion of the summit when only 46 of the governments made “any concrete commitment towards addressing the issue.”

As the Global Summit Chair’s report states, “survivors must be at the centre of the response to sexual violence in conflict, to ensure re-empowerment and to avoid further victimization.” The Global Justice Center aimed to do exactly that at the Summit by bringing experts such as Jocie, however as noted by Nobel Peace Prize Winner Jody Williams, the opportunities to hear survivors’ voices were limited and many stories, such as Jocie’s, were never heard in the official sessions attended by ministerial policy makers.

Rape used as a Weapon of War & Structural Barriers to Justice

The purpose of the Global Summit was to address how to end impunity for perpetrators and bring justice to survivors. As concluded in the Global Summit to End Sexual Violence Chair’s Summary, it is essential to “improve accountability at the national and international level, through better documentation, investigations and prosecutions…and better legislation implementing international obligations and standards.”

Rape “or any other form of sexual violence of comparable gravity,” as included in 2002 by the Rome Statute of the International Criminal Court, was declared a crime against humanity when systematically committed against civilians during armed conflict. Despite the devastating consequences for states and entities engaging in sexual violence in conflict, “no state has ever been held accountable for the use of rape as a prohibited tactic.” The failure to penalize states for using rape as a tactic of war contradicts the laws of war, unequivocally violates human rights, and explicitly discriminates against and subordinates women and children.

In Haiti where Jocie works, the destabilization that resulted from the coup d’etat and the earthquake “unleashed a wave of torture, massacre and systematic sexual violence against women.” The weakening of state systems of security and political control, contributed to an epidemic of sexual violence that to this day, ravages the country. Furthermore, the aftermath of the attack poses a second trauma for the victims. Their attackers continue reigning terror with impunity because rape cases seldom are prosecuted in court or result in a conviction. Even in cases where a conviction succeeds, the survivor’s safety is constantly under threat. It is common for perpetrators to bribe their way out of jail or to use friends and family to terrorize the victim. For this reason, safe homes (hebergements) were created to ensure that the victims receive adequate care and protection from their abuser.

As stated by the UN Action Against Sexual Violence in Conflict, civilians – especially women and children – suffer the most devastating casualties in today’s war-ravaged areas. Rape is used as a strategic political and military tactic to terrorize enemies, destabilize society, destroy families and communities, and traumatize victims. Perpetrators use rape to assert their control and achieve objectives such as ethnic cleansing and deliberate dissemination of diseases such as the HIV virus.

Another common and devastating result of sexual violence in war is the impregnation of rape victims. Forced with the prospect of carrying out life-threatening pregnancies to bear the child of their rapists, survivors often resort to unsafe abortions or in too many tragic circumstances, suicide.

The dire need for legislation in international and national policy recognizing and punishing rape as a tactic of war, cannot take effect without a change in attitudes towards victims of sexual violence.

It is essential to listen to the voices of these survivors when discussing ways to combat and respond to sexual violence in conflict, a greater emphasis that should have been placed during last week’s Global Summit.

Women, specifically survivors of sexual violence, play a critical role in engaging communities in response, reconciliation and prevention efforts of sexual violence in conflict. The contribution of these women in sustaining international peace and security is crucial, since they often are more accepted and have greater access to such conflict zones than government officials and representatives. For this reason, it is imperative that victims of sexual violence are given a voice to be heard, especially in high-profile venues such as the Global Summit.

Moving Forward

The Global Summit Chair’s Summary emphasized, “this Summit is just the beginning.” We need to translate rhetoric into action. The International Criminal Court and the UN Security Council must take further action to punish those responsible for the illegal use of rape as a tactic of war. In addition, donor states such as the U.S. must comply with the Geneva Conventions to ensure that its humanitarian aid to survivors of sexual violence in war provides “complete and non-discriminatory medical care” including access to safe abortion services in life-threatening circumstances.

Beyond the necessary international role, advocates such as Jocie are critical in effecting change. In order for such international policies to take effect, a new attitude towards victims of sexual violence must be taken. The population needs to internalize the belief that “there is no disgrace in being a survivor of sexual violence [but rather,] the shame is on the aggressor.” Only then, can these victims be treated with the dignity and respect that they so rightly deserve.

Updating State National Action Plans to Ensure the International Humanitarian Rights of Women and Girls Raped in Armed Conflict

On the occasion of the Global Summit to End Sexual Violence in Conflict, the Global Justice Center encourages States to exercise global leadership on the protection of women and girls raped in armed conflict by updating their National Action Plans (NAPs) to include explicit language accepting their international humanitarian law obligations to provide non-discriminatory medical care, justice, and reparations to war rape victims.

Women and girls raped in war are among the “war wounded,” therefore protected under international humanitarian law (IHL) by the absolute prohibition on adverse distinction, including on the basis of sex. In reality, however, women and girls raped in war are regularly subjected to discrimination in the medical care they receive and in the justice, accountability, and reparations measures available to them. The prohibition against adverse distinction applies to how all IHL rules are implemented, and it is so fundamental that it constitutes customary international law. Adverse distinction is interchangeable with the term “non-discrimination:” in all cases IHL cannot be implemented in ways that are “less favorable” for women than men.

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How the US is Blocking Access to Safe Abortion Services for Women and Girls Impregnated by Rape in Syria

Throughout the Syrian conflict, Syrian government forces and government-controlled militia (Shabiha) have reigned terror over the civilian population. Alma, a victim of this violence, describes being held in a cell where she would kick and scream alongside 20 other women while they were drugged, blindfolded, and gang-raped.

In the worst embodiment of this campaign, rape is used as a weapon of war against Syrian women and girls. Alma continues, “I’ve been through everything! I’ve been battered, flogged with steel cables, had cigarettes in the neck, razor blades all over my body, electricity to my vagina. I’ve been raped while blindfolded everyday by several men who stank of alcohol and obeyed their superior’s orders, who was always there. They shouted: ‘You wanted freedom? Well here it is!’” A different victim illustrates the scene at a Syrian detention center in which a doctor visited each woman’s cell to note the dates of her period and to hand out birth control pills: “[w]e lived in filth, in blood, in [feces], with no water and barely any food. But we had such an obsessive fear of becoming pregnant that we took these pills scrupulously.” Still other victims of these crimes against humanity described situations in which their “bodies have become battlefields and torture chambers.”

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Letter to Commissioner Kristalina Georgieva: Re: The Commission’s Policy on Abortions for Women and Girls Impregnated by Rape in Armed Conflict

GJC writes a letter to Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response, to urge the European Commission to change its humanitarian aid policy in order to uphold the rights of women and girls raped and impregnated in armed conflict under the Geneva Conventions. 

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What Success Looks Like for Women on the Ground

Yesterday in the inspiring and informative event, “What Success Looks Like on the Ground,” women leaders from Burma, Haiti, Sudan, and the Democratic Republic of Congo gathered to discuss their personal experiences in combating sexual violence in conflict. The panel was a side event to the United Nations’ Commission on the Status of Women (CSW).

It was moving to hear directly from local women leaders who battle everyday with their governments, militaries, other institutions, and social mores. Together they painted a stark picture of the very real difficulties women face in armed conflict zones around the world, as well as lessons they have learned in working against sexual violence and in supporting survivors.

Panel speaker Julia Marip, from the Women’s League of Burma, noted that “when women have been raped, they suffer twice: once at the rape and again when they become pregnant.” Ms. Marip then pointed out that not only is abortion illegal in Burma, but also that reforming laws – including those criminalizing abortion – is overly difficult due to the constitution’s discrimination against women and the military’s embedded position within the government. She also emphasized the importance of having women at the political table in order to improve the lives of women, including by ending rape and increasing accountability. Ms. Marip and her organization, the Women’s League of Burma, recently launched a report on sexual violence in their country,Same Impunity, Same Pattern: Report of Systematic Sexual Violence in Burma’s Ethnic Areas, about which the Global Justice Center hosted an event and wrote an article.

Similarly, Leonie Kyakimwa Wangivirwa, an activist working with women survivors of sexual violence in Congo, spoke of the power of women to end sexual violence in conflict. She called for solidarity, saying that women around the world “must band together as survivors if we want to fix this on a global level rather than go case by case.” She further urged the world to end the crisis in Congo – one of the world’s longest running conflicts – saying that the Congolese “are begging the people who are bringing war to us to take it away.” Without this step, she explained, sexual violence would continue.

Leonie then described the consequences of the ongoing sexual violence in her country, including the suffering of women with unwanted pregnancies from rape, who are often shunned by their families, and the dangers and difficulties that face children born of rape. An audience member from the Congo, Justine Masika Bihamba, of Women’s Synergy for Victims of Sexual Violence, echoed Leonie’s point, reporting that “every day we are losing women to suicide who have become pregnant from rape.”

Zeinab Blandia, of the Vision Association in Sudan, shared her experiences advocating against sexual violence in her country, and explained that where peace has been established in areas of Sudan, the situation for women has improved. Like her fellow panelists, Zeinab called on the international community to help bring the conflict in her country to an end. She said that if the war and its associated violence against women were to continue, it would be a “shame on the international community and on CSW.”

The panel also touched upon successes combating sexual violence in Haiti, where the 2010 earthquake left women and girls increasingly vulnerable to sexual attacks. The event highlighted the work of KOFAVIV (Commission of Women Victims for Victims), a grassroots organization run by women survivors of sexual violence that supports other women survivors in Haiti. Marie Eramithe Delva, executive secretary of KOFAVIV, recounted the success of their campaign distributing whistles to women and girls in the displaced person camps of Port-au-Prince, noting that in at least one camp it had led to a drastic reduction in the number of reported rapes.

The Global Justice Center (GJC) is grateful to have heard these women leaders speak of their experiences and advice for combating sexual violence and supporting survivors. We believe our vision of success on the ground mirrors their calls for justice and accountability for rape in armed conflict, for increased participation of women in government and peace negotiations, and for expanded and non-discriminatory access to sexual and reproductive health services. GJC is eager to partner with women leaders such as these, as it has done with Ms. Bihamba, whose organization sent a letter to President Obama as part of GJC’s August 12th Campaign, urging him to lift the ban on abortions attached to U.S. humanitarian aid. For further information on GJC and its projects, please visit:http://www.globaljusticecenter.net.

Norwegian Bar Association urges POTUS to lift abortion restrictions on humanitarian aid for female rape victims

The Norwegian Bar Association, representing over 90% of all Norwegian lawyers, including academic and government in a letter urged President Obama to issue an Executive Order ensuring that the US Helms amendment is in compliance with the rights of women raped in war, both civilians and servicewomen, to non-discriminatory medical care, including abortions, under the Geneva Conventions.

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Chilean Health Minister Reply

JULY, 2013: Chilean Health Minister Dr. Jaime Menalich Muxi responds to a letter from the GJC requesting that he allow an 11-year-old rape victim to have a life-saving abortion.

This letter states that though the pregnancy is risky, he cannot grant her an abortion because it is against the law.

This is a translated version of the letter.

Read GJC's original letter here.

Read the original version of the Chilean Health Minister's response letter (in Spanish) here.

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UK-led Call to Action to End Violence Against Women and Girls in Emergencies

On November 13th, governments, UN heads, international NGOs and civil society organizations gathered in London to develop a fundamental new approach to violence against women and girls (VAWG) in emergency situations, both man-made and natural disasters. These leading humanitarian agencies met to endorse a global commitment acknowledging that, “prevention and response to VAWG in emergencies is life-saving and should be prioritized from the outset of an emergency, alongside other life-saving interventions.”  Nine donor governments (including the UK, US, Australia, Sweden and Japan), six UN agencies, the ICRC, the International Organization for Migration and 21 international NGOs endorsed a communiqué outlining future action and commitments.

When the rule of law crumbles, one of the first things that happen is women become the targets of violence. In times of disaster, such as the recent crisis in the Phillippines, hundreds of thousands of women and girls will become dramatically more vulnerable to sexual exploitation and abuse, rape, forced marriage and trafficking.  Experience has shown that every single humanitarian crisis puts women and girls at great risk, yet during the first stage of an emergency, targeted interventions for VAWG are not prioritized because the violence is not considered life-threatening, according to UK Secretary of State for International Development Justine Greening. Child sponsorship data collected in Bangladesh in 2012 revealed that 62% of children under 18 who had married in the previous five years did so during the 2007 Cyclone Sidr. 18 months after the earthquake in Haiti, sexual abuse and exploitation were widespread because girls and women could not get the goods and services needed to survive. Furthermore, the rates of unwanted pregnancies, maternal mortality, disability, unsafe abortions and sexually transmitted infections including HIV, rise during times of displacement and economic hardship. Thus this Call to Action is built around recognizing that the prevention and response to VAWG is life-saving and must be prioritized, not as an afterthought but as standard practice.

These discussions have put forth the political will to take concrete steps to fundamentally influence systemic change while also addressing the root causes of VAWG. According to Julia Drost, policy and advocacy associate in women’s human rights at Amnesty International USA, “addressing gender-based violence can’t just be done in emergencies; it has to occur 24/7 and involve all government entities working overseas.” Which is why the commitments made by UN agencies, governments, donors and NGOs were framed as just the beginning of a process for improving the protection of women and girls in emergencies. These commitments aim to ensure that efforts to prevent and respond to VAWG become standard practice and result in real, positive change through the implementation of an accountability framework.

The humanitarian community has historically not prioritized the protection of women and girls in emergencies claiming lack of funding or lack of trained specialists. In order to reform the humanitarian community’s response to violence against women and girls in emergencies, this Call to Action will involve researching the historical challenges of implementing gender-based violence programs and address them with innovative techniques and sustained commitments.

Responding to VAWG in the first 72 hours of an emergency is a central focus of this initiative as well as sexual and reproductive health services, effective measures to eliminate impunity for the perpetrators of violence, empowering women and girls as a means and an end for tackling VAWG and proactively linking the work being done by the UK government and internationally to ensure commitments made complement existing initiatives. Other important commitments include identifying 20 priority countries that should be adequately stocked with post-rape treatment supplies by 2015; creating new posts in response teams for gender-violence experts; installing solar street lamps in camps and settlements; and increasing funding for gender-based violence initiatives.

UK Secretary of State for International Development Justine Greening.

Another positive aspect of these discussions were that The Department for International Development (DFID) announced £21.6 million in new funding to protect women and girls in emergencies. In comparison to the United States’ Safe from the Start initiative to address gender-based violence in global humanitarian emergencies announced on September 23rd, UK provisions for humanitarian aid are able to provide a life-saving service that the U.S. program is not – access to safe and voluntary abortion for rape victims. Thus, the UK-funded medical care will be able to address the distinct needs of women and children in disasters, providing safe and non-discriminatory access to humanitarian assistance.

Tentative optimism is circulating around this event, with the hopes it can put forth measurable improvements by being prepared rather than reactionary when a disaster strikes. According to Sweden’s International Development Minister and event co-chair Hillevi Engström, “empowerment and protection should go hand in hand.” By focusing on gender inequity, the root causes of violence against women and garnering enough support from donors and humanitarian actors, this Call to Action has the potential make significant progress in filling the gap in disaster planning. Now, where do we go from here? Ms. Engström commented, “We have all the paperwork, polices and resolutions in place. But implementation is the weakest link in the chain. It’s time to stop talking and start acting.” As we are starting to see change and increasing attention to gender-based violence in crisis situations, let’s help give women and girls what they deserve – power, not pity.

UN Security Council Takes a Historic Stand Supporting Abortion Access for Women Raped in War

FOR IMMEDIATE RELEASE - October 18, 2013

[NEW YORK, NY] – In an historic first, the United Nations Security Council unanimously passed a groundbreaking resolution supporting abortion services for girls and women raped in armed conflict. Although the Security Council did not use the term “abortion” in Resolution 2122, its language makes clear that Member States and the UN must ensure that all options are given women impregnated by war rape: “noting the need for access to the full range of sexual and reproductive health services, including regarding pregnancies resulting from rape, without discrimination.”

Abortion Ban Restricts Peace-Building Efforts in Central African Republic

On October 10, 2013, the United Nations Security Council unanimously approved a resolution aimed at stabilizing the Central African Republic. The Council “reinforced and updated” the mandate of the UN Integrated Peacebuilding Office in the Central African Republic (BINUCA) while also calling for a political resolution to the conflict. Philippe Bolopion, the United Nations director for Human Rights Watch commented that “the Security Council is finally waking up to the human rights tragedy plaguing the Central African Republic. Broadening the human rights mandate of the U.N. mission is a good but insufficient first step.” The resolution singled out the rebel Séléka fighters as being responsible for what it called “extrajudicial killings, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians.” In the Central African Republic, coups and violent seizures of power have outnumbered fair elections since independence. Since the March 2013 coup that outsed President François Bozizé, Séléka fighters have held unchecked positions of power in the region – looting, abducting, raping and killing with impunity.

The resolution demanded Séléka rebels “lay down their arms immediately” and allow the unfettered flow of humanitarian aid into the country. Unfortunately, sending humanitarian aid to the Central African Republic will not go far enough to help those women and girls who have become pregnant during this armed conflict. The U.S. is the world’s largest donor of humanitarian aid (including to the Central African Republic), and due to the abortion ban imposed on all U.S. foreign aid since 1973, women and girls who are impregnated in the mass war rapes taking place in the Central African Republic are denied safe access to abortions. The survivors of these brutal crimes are forced to bear the children of their rapists or die in childbirth, particularly because half of war rape victims are children themselves, too young to give birth safely. These abortion restrictions are supposed to apply only to “abortions [provided] as a method of family planning.” However, its interpretation was expanded to be an absolute ban on abortion and abortion speech, with no rape or life exceptions. President Obama has the opportunity to reverse this inhuman policy, and uphold the right to non-discriminatory medical care under the Geneva Conventions for of girls and women raped in war.

Women’s lives are at stake because of a foreign policy that discriminates against women by withholding live-saving medical care.  It also circumvents the Central African Republic’s own abortion law, which does allow abortions for rape victims – a law that was amended in 2005 to respond to the fact that women impregnated through war rape were dying after desperately seeking unsafe methods of abortion.

Rape survivors who become pregnant and are denied abortions face increased maternal morbidity and mortality. Research shows that without access to safe abortion services, rape survivors will resort to non-sterile or non-medical methods, leading to scarring, infection, sterilization, or death. Furthermore, up to 80 percent of rape victims in armed conflicts are girls under the age of 18, with documented cases of girls as young as eleven becoming pregnant. “Adolescents aged 15 to 19 are twice as likely to die during pregnancy and childbirth—as are those in their twenties—and very young adolescents, under 15 years of age, have a fivefold increase in risk of death during pregnancy and childbirth compared with women 20 and older.”

This says nothing of the severe prolonged emotional trauma of the impregnated victim who is forced to bear the child of their rapists. These girls and women are often ostracized from their communities and many take their own lives – the result of a policy that fails to protect these innocent victims of heinous war crimes.

Denial of safe abortion services to women and girls raped in armed conflict is deadly and violates the special rights of war rape victims under the Geneva Conventions. Under the Geneva Conventions, all persons “wounded or sick” in armed conflict have the absolute right to “medical care and attention required by their condition.” No distinctions can be made on any basis other than medical need, and the Geneva Conventions explicitly prohibits discrimination based on sex. The Security Council has been assigned to investigate and report all violations of human rights in the Central African Republic,which will include the deployment of advisers who specialize in the protection of women and children. However, the U.S. abortion restrictions will thwart any U.N. efforts to address human rights violations in a fully comprehensive way if it does not address the deadly consequences girls and women raped in war are forced to suffer daily as a result of the U.S. policy.

Neither the Security Council advisors who will be deployed in the Central African Republic to focus on the protection of women and children, nor the Central African Republic’s own abortion law, which allows abortions for rape victims, will be able to save the lives of female rape victims who have become pregnant during this conflict. The enforcement of the “no abortion” provision is a violation of international humanitarian law and our obligation to war victims under the Geneva Convention. Angelina Jolie said in her June address to the Security Council, “Because the world has not treated sexual violence as a priority, there have only been a handful of prosecutions for the many hundreds of thousands of survivors. They suffer most at the hands of their rapists, but they are also victims of a culture of impunity.”

The abortion ban attached to U.S. humanitarian aid has influenced the treatment standards for impregnated victims of war rape globally. The Global Justice Center’s August 12th Campaign seeks to bring justice for survivors of sexual violence in conflict. It is the responsibility of the Security Council to address sexual violence in war zones but all countries, including the U.S., have the responsibility to act now to end medical discrimination against war rape victims.

The United Kingdom’s Duty under International Humanitarian Law to Ensure Non-Discriminatory Medical Care to Women and Girls Raped in Armed Conflict, including Access to Safe Abortion Services

Excerpts of UK, EU and International Laws, Policies & Practices Relevant to this Duty

Updated as of October 8, 2013

The duty of the United Kingdom ("UK") to respect international law, and in particular international humanitarian law, is firmly rooted in its body of domestic law which implements the Geneva Conventions and its Additional Protocols, and is further supplemented by the laws, regulations, and guidelines of the European Union.
For women raped in armed conflict, abortion is a legal right under international humanitarian law ("IHL"). Girls and women raped in armed conflict are "protected persons" under the Geneva Conventions and are entitled, as the ―wounded and sick, to "receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition." This care must also be non-discriminatory. To deny a medical service to pregnant women (abortion), while offering everything needed for victims who are male or who aren't pregnant, is a violation of this requirement of non-discrimination. Therefore, IHL imposes an absolute and affirmative duty to provide the option of abortion to rape victims in humanitarian aid settings; failing to do so violates the Geneva Conventions, its Additional Protocols, and customary international law.

These protections are further supported by international human rights law. The Committee against Torture and the Human Rights Committee have both declared the denial of abortion to be torture or cruel, inhuman, and degrading treatment in certain situations. Furthermore, under these treaties, which apply concurrently with humanitarian law during armed conflict, State Parties are required to provide the highest standard of rehabilitative care for torture victims, which includes the provision of complete medical services for injuries resulting from torture. In the case of impregnated female rape victims, such care must include the option of abortion.

This compendium contains excerpts from British legislation, policy, and practice which underscore the UK's commitments to ensure that its humanitarian aid to girls and women raped in armed conflict affords them their full and inalienable rights to medical care under IHL. This requires: (1) access to a complete range of health and life-saving treatments including abortion, and (2) compliance with the tenet of non-discriminatory humanitarian aid for girls and women raped in armed conflict.

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Compendium: The Obligation of the United Kingdom to Protect the Inalienable Rights of Girls and Women Raped in Armed Conflict to Non-Discriminatory Medical Care Including Access to Abortion: Excerpts of Relevant UK Laws, Policies, & Practices

The duty of the United Kingdom (UK) to respect international law, and in particular international humanitarian law, is firmly rooted in its body of domestic law which implements the Geneva Conventions and its Additional Protocols, and is further supplemented by the laws, regulations, and guidelines of the European Union.

For women raped in armed conflict, abortion is a legal right under international humanitarian law (IHL). Girls and women raped in armed conflict are “protected persons” under the Geneva Conventions and are entitled, as the “wounded and sick,” to “receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition.” This care must also be non-discriminatory. To deny a medical service to pregnant women (abortion), while offering everything needed for victims who are male or who aren’t pregnant, is a violation of this requirement of non-discrimination. Therefore, IHL imposes an absolute and affirmative duty to provide the option of abortion to rape victims in humanitarian aid settings; failing to do so violates the Geneva Conventions, its Additional Protocols, and customary international law.

These protections are further supported by international human rights law. The Committee against Torture and the Human Rights Committee have both declared the denial of abortion to be torture or cruel, inhuman, and degrading treatment in certain situations. Furthermore, under these treaties, which apply concurrently with humanitarian law during armed conflict, State Parties are required to provide the highest standard of rehabilitative care for torture victims, which includes the provision of complete medical services for injuries resulting from torture. In the case of impregnated female rape victims, such care must include the option of abortion.

This compendium contains excerpts from British legislation, policy, and practice which underscore the UK’s commitments to ensure that its humanitarian aid to girls and women raped in armed conflict affords them their full and inalienable rights to medical care under IHL. This requires: (1) access to a complete range of health and life-saving treatments including abortion, and (2) compliance with the tenet of non-discriminatory humanitarian aid for girls and women raped in armed conflict.

The UK is a global leader in providing humanitarian aid and assistance to the victims of armed conflict. The UK should continue to endeavour to comply fully and faithfully with the rights and protections these victims are accorded under IHL.

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Medical Women's International Association's Letter to President Obama

MARCH 26, 2013: Medical Women's International Association writes letter to President Obama requesting him to issue an Executive Order lifting the US abortion restrictions on USAID.

Excerpt:

"Members of MWIA recently returned from participating in the Commission on the Status of Women at the United Nations. The theme for 2013 was the Elimination and Prevention of All Forms of Violence Against Women and Girls. Unfortunately, the use of rape to disempower women is prevalent worldwide. Not only do women suffer the immediate emotional trauma and chronic mental illness from this sexual assault but are often left with sexually transmitted infections and unwanted pregnancies. To deny women the right to terminate such an unwanted pregnancy is unjust. I do not believe that you condone injustice. MWIA talks of “men of good conscience” and I believe that you are such a man. Please step forward and free women from this restriction on their rights."

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August 12th Marks Anniversary of U.S. Signing of the Geneva Conventions – Now It’s Time for President Obama to Fulfill this Pledge for Girls & Women Raped in War

August 12, 2013

Why is a young girl in the Central African Republic raped & impregnated, then DENIED access to a safe abortion, when abortion is legal in CAR for cases of rape?

It’s because of a US ban on humanitarian aid.

Read this powerful article from Baroness Kinnock in the Guardian.

On August 12, 1949, the United States signed the Geneva Conventions. Yet, 64 years later we are not living up to our pledge. We provide life-saving medical care to the those “wounded and sick” in war – unless they are young girls and women rape and impregnated through war rape.

That is why, on August 12, 2011, the Global Justice Center launched its August 12th Campaign to end systemic discrimination against girls and women raped and impregnated in armed conflict, who are routinely denied access to safe abortions, even in lifesaving situations and when they’ve been the victim of brutal rape.

We have tremendous progress, but we need your help to WIN.

Help us end this inhumane policy – PLEASE SUPPORT OUR WORK BY DONATING TODAY.  

A Few Highlights of our August 12th Campaign:

August 12th, 2011 – The Global Justice Center’s campaign begins.

September 2012 –  A coalition representing over 3,300 groups, has written letters to President Obama, urging him to issue an executive order lifting U.S. abortion restrictions on humanitarian aid for girls and women raped in armed conflict.

January 10, 2013 – The UK announces a historic change in their policy, acknowledging that girls and women raped in armed conflict have absolute legal rights to abortions when medically necessary under the Geneva Conventions.

March 14, 2013 – For the first time in history, the UN Secretary General makes a recommendation in his annual Report on sexual violence in conflict that aid girls and women raped in armed conflict must include services to terminate an unwanted pregnancy resulting from rape.

April 8, 2013 – The Netherlands affirms the right of war rape victims to have access to safe abortion services.

June 24, 2013 – The UN Security Council unanimously passes Resolution 2106, which for the first time, explicitly calls for UN bodies and donor countries to provide “non-discriminatory and comprehensive health services, including sexual and reproductive health.”

But We’re Not Done Yet! Our Work Continues…

This campaign is far from over! Today, Women Under Siege published a compelling piece by GJC Senior Counsel Akila Radhakrishnan, on the devastating effects of the US policy in places of conflict, such as the Democratic Republic of Congo.

With support from people like you, we can end to this discrimination and give a voice to women all over the world. DONATE TODAY.

Letter to Jaime Mañalich Muxi, Re: Denial of Life-Saving Abortion to Pregnant Chilean Girl Violates International Human Rights Law

GJC writes a letter to Chilean Minister of Health, Jaime Manalich Muxi, asking him to allow doctors to perform a life saving abortion on an 11-year old girl who was impregnated after being raped repeatedly by her mother's boyfriend.

Excerpt:

On behalf of the Global Justice Center, I am writing to urge you to immediately permit doctors to perform a therapeutic abortion to save the life and prevent further cruel, inhuman and degrading treatment of a young Chilean girl, “Belén,” who faces a life-threatening pregnancy resulting from rape.

Belén, an 11-year old girl, was impregnated after being raped repeatedly for more than two weeks by her mother’s boyfriend. According to Belén’s doctors, the pregnancy has placed her life at risk. If, however, her doctors were to provide her a life-saving abortion, they and Belén would both be found in criminal violation of Chile’s absolute ban on abortion, which allows no exceptions for rape, incest or life of the mother. As Chilean law now stands, an 11-year old girl will be forced to endure a life-threatening pregnancy that will either kill her or compel her, a child herself, to give birth to and raise the child of her rapist. This forced pregnancy will continue the violation of her bodily integrity and sovereignty, extending the pain and abuse she has already experienced.

We call on your government to permit a therapeutic abortion as the only humane response to Belén’s predicament, and to reform your restrictive ban on abortion so that future girls and women are not subjected to the physical and psychological dangers of unwanted and life-threatening pregnancies.

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Like a Doll: Brave 11-Year Old Rape Victim Betrayed by Chilean Government

In Chile, the debate over abortion has been rekindled by after the government has cruelly denied an 11-year old girl who was raped and impregnated by her mother’s partner. Instead, she is being forced to bear the child of her rapist. This young victim, Belén, faces a high risk of mortality. However, under Chilean law, she does not have the option of a safe abortion.

Since 1973, established under General Pinochet, Chile has had an abortion ban under all circumstances. This prohibition has sparked a national outrage with the fate of a child hanging in the balance between life and death.

During a recent interview, Belén said that having the baby “will be like having a doll in my arms.” Appallingly, Sebastian Piñera, the President of Chile, commended the young girl’s “depth” and “maturity”  for wanting to have the child, while it is clear that he is far from understanding the “psychological truth of an 11-year-old-girl.”

Chile is one of six countries in the world that has an absolute national abortion ban, with no exception even for life, rape or incest. The case of Beatriz in El Salvador similarly sparked an international debate over abortion bans in a Latin American country. Part of our human rights work at Global Justice Center is to combat medical discrimination against women. Denial of an abortion in life-threatening cases or in cases of rape is cruel and inhumane, and a form of torture to girls and women. In life-threatening cases, it denies a woman’s essential right to life. Therefore, the Global Justice Center wrote and sent a letter to the Chilean Minister of Health, Jaime Mañalich Muxi, urging the Chilean government to allow doctors to perform a therapeutic and life-saving abortion on the 11-year old.

Each year, 47,000 preventable deaths result from unsafe abortions. This could be ameliorated by ensuring women’s access to safe abortion services. Yet, even the United States perpetuates this abomination by denying access to safe abortions for girls and women raped and impregnated in armed conflict. Under the Helms Amendment, the US places an abortion ban on all its humanitarian aid, even in pregnancies which result from brutal rape used as a weapon of war. For the young girls under age 18 who represent half of these rape victims, this means potentially fatal health risks, and in too many instances, drives them to risk unsafe abortions or take their own lives in desperation and despair at this injustice. The Global Justice Center works tirelessly to hold the United States to the standards set by International Humanitarian Law and ensure that we live in a world which values the lives of girls and women equal to those of boys and men.

Help us by donating to our work to save women’s lives.