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.


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 The Gag Rule was rescinded by President Clinton, reinstated by President Bush, rescinded by President Obama and reinstated and expanded by President Trump.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.

International Humanitarian Law And Access to Abortions: Compilation of Citations

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

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

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

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

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President Trump Expands Gag Rule to $8.8 Billion in Aid

FOR IMMEDIATE RELEASE — May 15, 2017

[NEW YORK, NY] -  Today, Donald Trump is announcing a new policy entitled “Protecting Life in Global Health Assistance." This policy will massively expand the Global Gag Rule by drastically increasing the amount of global health assistance funds and government programs that will be covered, affecting some $8.8 billion dollars. In the past the Global Gag Rule has been limited to overseas family planning assistance only. This new policy is said to cover a broad range of funds for global health, including maternal and child health, HIV/AIDS, malaria and family planning.

Global Justice Center at the Women's Strike

Global Justice Center at the Planned Parenthood Protest