Abortion Access in Conflict

Since the passing of Roe vs. Wade, the United States has been placing abortion restrictions on its foreign aid. These restrictions impact thousands of girls and women raped in armed conflict who are routinely denied access to safe abortions.

Women and girls raped in war are considered “wounded and sick” and therefore are entitled to full medical care under the Geneva Conventions. For rape victims, this medical care includes abortion services. Our Abortion Access in Conflict campaign demands women and girls receive the necessary medical care they need.

GJC is fighting for the US to lift the abortion restrictions placed on all humanitarian aid for war victims and do so while explicitly referencing the rights of female war victims under the Geneva Conventions. We are fighting to ensure that abortions are provided on the ground in humanitarian medical settings around the world.


GJC Weekly News Roundup

Tuesday, Republicans are having and will continue to have trouble repealing the Affordable Care Act, also known as Obamacare. The reality is that the Republicans do not have a credible, alternative health care plan and continuing to criticize ACA is turning away groups of people that depend on Obamacare. More and more people are supporting ACA and the Republicans are having trouble garnering support for getting rid of it. However, Republicans can still repeal certain aspects of ACA and that includes Birth Control coverage. This means that birth control will no longer be cost free as it has been under Obamacare.  

Tuesday, the article encourages the Australian government to take action to support Australian women who will suffer from the Global Gag Rule, citing the issues that may arise from the lack of funding and access to health care and health benefits.

Wednesday, despite reassurance that women’s health is on Trump’s agenda, benefits and funds are still being slashed for women’s health organizations and charities. This is resulting in various protests around the globe and even prompting female Democrats to wear white during Trump’s speech to Congress.    

Thursday, more and more countries are joining the fight against the Global Gag Rule. The “She Decides” conference that is held in Brussels this week is a platform of powerful leaders that seek to raise $600m. According to news sources, around 50 governments will attend the conference to raise funds. There will be representatives from Canada, UK, Afghanistan and Chad and other countries who are standing up for women’s rights and availability of reproductive healthcare.

Thursday, after further investigations, the United Nations declared that all Syrian sides that fought in Aleppo committed war crimes. According to Dawn, there is proof from the investigation that a humanitarian convoy was deliberately targeted in Aleppo province on September 19. These recent events have also attracted the attention of many human rights workers who want to bring to the public’s attention that Syrian civilians are often targeted and that the “warring parties” do not fear consequences for their actions regardless of the international laws that are put into place.

Global Justice Center at the Planned Parenthood Protest

Global Justice Center at the NYC Women's March

Global Justice Center at the Women's March in DC

Eliminate the Chilling Effect

A Hindrance on Abortions to Rape Victims

by Eva Marie Wüst Vestergaard

US abortion restrictions constrain abortion speech and services around the world. Under a Trump administration, it is likely these restrictions will be expanded, causing confusion for providers and harming women raped in war.

For the past six years, the Global Justice Center has worked to lift the US abortion ban on foreign aid. The Helms Amendment stipulates that US funding cannot be used for any kind of abortion speech and services. However, this does not constrain foreign organizations from using other funding for abortion activities as long as their funding is segregated. This latitude is not well known and in the aftermath of the US election, it is now also imperilled.

The Mexico City Policy or the Global Gag Rule (GGR), imposed by Reagan, requires that foreign organizations receiving US funds for family planning activities cannot perform nor actively promote abortion as a method of family planning. Foreign organizations under GGR are allowed to spend other funding for abortion speech and services in the cases of rape, incest, or if the “mother’s life would be endangered if the fetus were carried to term”, as these are not methods of family planning.

The GGR has continuously been rescinded under democratic presidencies and reinstated under republican presidencies. It was rescinded by President Obama eight years ago and will most likely be reinstated by Trump. When the GGR is reinstated it produces a “chilling effect” on providers of abortion services around the world.

The chilling effect refers to the fact that US abortion restrictions are so complicated and incomprehensible that providers avoid any activity on abortion as a preventive measure to avoid the risk of losing funding. It is, for example, a common misconception that the Helms amendment is a total ban on abortion speech and services, whilst the ban only covers US funding, not alternative segregated funding.

Should a reinstatement of the GGR become a reality, foreign organizations may be likely to disregard abortion services in spite of having autonomy to provide them to rape victims and other cases that are not defined as family planning. Therefore, it is vital to be fully informed of what these restrictions entail, be wary of misconceptions, and eliminate the chilling effect that hinders raped women’s right to abortion around the world.

OMCT & GJC Report to CAT: Sri Lankan laws condone torture of women and girls

FOR IMMEDIATE RELEASE—November 14, 2016

[NEW YORK and GEVENA (OMCT-GJC)] — Tomorrow, the Committee Against Torture (CAT), during its 59th session, will examine Sri Lanka’s fifth State party report. In October, the Global Justice Center (GJC) and the World Organisation Against Torture (OMCT) jointly submitted an alternative report focused on how Sri Lankan law violates the Convention Against Torture by banning abortion in most circumstances, and by authorizing rape in certain instances and child marriage.

Denial of Abortion Services to Women Raped in War is Torture

Today, September 28th is the Global Day of Action for Access to Safe and Legal Abortion, an international day celebrated to draw attention to the fact that access to safe and legal abortion is a necessary social good and a human right.

Due to the Helms Amendment that was passed in 1973 as a reaction against Roe vs. Wade, the US currently restricts the provision of safe abortion services with its foreign assistance. These restrictions result in the systematic denial of abortions in the vast majority of humanitarian medical settings around the world.

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In today’s conflicts, sexual violence is used systematically by groups such as ISIS and Boko Haram to demoralize, terrorize, destroy, and even alter the ethnic compositions of entire communities. The US’ denial of safe abortion services to victims of these attacks results in extended and intensified physical and mental suffering.

Childbirth is fourteen times more likely to lead to death than a safe abortion, becoming pregnant from rape in the conditions of war further increases the risk of maternal mortality. Rape causes many physical injuries that increase the danger of pregnancy and childbirth. For many victims of war rape, abortion is a safer option than a dangerous pregnancy.

Furthermore, denial of abortion to a war rape victim compounds the severe mental pain and suffering they are experiencing. Research has shown that being forced to bear the child of a rapist “prolongs the perpetrator’s intrusion, often causing great anguish and shame to the victim.” 

Women seeking illegal abortion services also face the stress of having to seek unsafe treatment with “uncertain outcomes, no proper aftercare and the possibility of being imprisoned if found out.” Impregnated war rape victims are also up to six times more likely to be divorced than those who were not raped and often experience community rejection and physical violence.

Denial of abortion services for rape victims also deprives these women and girls of their decision-making power over their own bodies and can perpetuate victim’s feelings of loss of control, compounding their mental and emotional trauma, causing serious traumatic and stress and a risk of long-lasting psychological problems.

The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has found that “highly restrictive abortion laws that prohibit abortions even in cases of incest, rape or fetal impairment or to safeguard the health of the woman violate women’s rights to be free from torture and ill-treatment.” They also found that “[s]tates have an affirmative obligation to reform restrictive abortion legislation that perpetuates torture and ill-treatment by denying women safe access and care.”

It is time for the US and all states to stand up for the rights of women raped in war and not compound their suffering by denying them necessary medical care.

Today we ask you to #BustTheMyths surrounding abortion and fight #AbortionStigmaand the denial of abortion services to women raped in war!

You can read more about our campaign here.

Growing International Consensus that US Must Lift Abortion Ban

by Liz Olson

Denying women raped in war zones access to abortions is a violation of their fundamental human rights ­­-- yet the US continues to do so in the face of growing international criticism. Under the Geneva Conventions, women raped in war zones fall under the category of the “wounded and sick,” meaning that they are entitled to all necessary medical care to treat their condition. Failing to provide abortion access to these women not only violates their rights under International Humanitarian Law, it subjects them to further trauma, as they are again stripped of control over their bodies.  These women, forced to carry the children of their rapists, face additional pain, suffering, and stigma.

The Helms Amendment, enacted in 1973, prohibits US humanitarian assistance funds from being used to pay for abortions “as a method of family planning.” Since then, the law has been incorrectly interpreted as a blanket ban on abortion services, even in cases of rape, incest, or life endangerment.  By denying women and girls raped in war zones access to this necessary medical procedure, the US is violating the “principle of adverse distinction” under the Geneva Conventions, which stipulates that IHL cannot be implemented in ways that are less favorable for women than for men. Men and women wounded in war must be provided with all necessary forms of medical care. For women raped in was zones, this includes access to abortion services.

Access to abortion service has been increasingly recognized by the international community as a right under humanitarian law, and the US ban has come under growing criticism. The United Nations, United Kingdom, France, the Netherlands and the European Union have all come out in strong support of providing safe abortion access to women raped in conflict zones, and it is time for the US to follow suit.