Letters

Comments in Response to Patient Protection and Affordable Care Act

Dear Secretary Azar and Administrator Verma:

The Global Justice Center (“GJC”) submits this comment in response to the Department of Health and Human Services’ (“HHS”) Proposed Rule entitled Patient Protection and Affordable Care Act, Exchange Program Integrity, published in the Federal Register on November 9, 2018 (the “Proposed Rule”).  For purposes of this submission, commentary is limited to the portion of the Proposed Rule that suggests changes related to the separate payment requirements in section 1303 of the Patient Protection and Affordable Care Act (“PPACA”).

GJC is an international human rights organization based in New York dedicated to achieving gender equality through the rule of law. For the past decade, GJC has been at the forefront of efforts to ensure that the law protects and promotes access to comprehensive sexual and reproductive health rights for women and girls around the world. As experts in women’s rights and human rights, we write to express our vehement opposition to the Proposed Rule. 

First, the Proposed Rule would impose undue and onerous burdens on both insurers and consumers that violate women’s fundamental human rights, including to non-discriminatory health care. Second, by singling out abortion for special treatment from all other health services, the Proposed Rule reinforces the already stigmatizing and discriminatory treatment of abortion under the PPACA. Third, the Proposed Rule does not, as claimed, fulfill Congressional intent, since Congressional intent under the PPACA was to allow issuers to decide for themselves whether to provide abortion coverage beyond the limited exceptions allowed under the discriminatory and harmful federal Hyde Amendment. Finally, the Proposed Rule imposes undue burdens on insurers and consumers that will lead to unnecessary restrictions on comprehensive health care for women. The outcome, and tacit intent, of the Proposed Rule is to further stigmatize abortion and to impose onerous burdens on both insurers and consumers that will embarrass women, annoy and inconvenience consumers, and increase administrative burdens on insurers, all with the ultimate aim of discouraging insurers from providing abortion coverage. As such, the Proposed Rule violates women’s fundamental rights under the US Constitution and international human rights law. For these reasons, GJC urges HHS to withdraw the Proposed Rule.

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Letter to The Honourable Fatou Bensouda, Chief Prosecutor, "Re: Preliminary Examination into the Situation of the Rohingya in Myanmar"

Dear Prosecutor Bensouda,

The Global Justice Center writes to congratulate the Office of the Prosecutor (OTP) on the decision to open a preliminary examination into the deportation of the Rohingya from Myanmar to Bangladesh. Since impunity has long been the rule and not the exception in Myanmar, this examination offers a glimmer of hope that those who have long been oppressed by Myanmar’s military will see some measure of justice. We write to the OTP today with respect to three key issues related to this preliminary examination: (1) to emphasize the need to place the gendered experiences of these crimes at the center of the examination; (2) to urge the OTP to take a broad view to the crimes over which the International Criminal Court (ICC) has jurisdiction; and (3) to provide information with respect to any analysis of positive complementarity.

On the first point, we were pleased to attend a recent event with you at the UNGA in New York “Prosecuting Sexual and Gender-based Crimes at the International Criminal Court.” We applaud the OTP’s commitment to applying a gender analysis in all areas of its work, which has been reinforced by its strong policy on sexual and gender-based crimes. We agree that consideration of the complete nature of the crimes is necessary in order to ensure effective investigations and prosecutions. We urge that this be made a priority in the preliminary examination at hand.

Recommendations for the Terms of Reference and Implementation of UN Security Council Resolution 2379 on Da’esh Accountability

Subject: Recommendations for the Terms of Reference and Implementation of UN Security Council Resolution 2379 on Da’esh Accountability

Your Excellency,

We are writing to you to call on your leadership in ensuring successful implementation of UN Security Council Resolution 2379, initiating an Investigative Team for crimes committed by the so-called Islamic State in Iraq and the Levant (ISIL, hereinafter referred to as “Da’esh”).

Below, please find a list of recommendations which we hope will be reflected in the Terms of Reference for the Resolution, with the purpose of establishing a commitment to the highest standards of international law and guaranteeing inclusiveness and accountability, including through gender justice and a victim-centered approach.

The adoption of UN Security Council Resolution 2379 on September 21, 2017 marks an important milestone in the enormous task of holding members of Da’esh accountable for their commission of war crimes, crimes against humanity, and genocide. In this respect, we particularly emphasize the need to investigate and prosecute all forms of sexual and gender-based violence which can constitute acts of genocide as well.

We hope the Investigative Team will lay the groundwork for an inclusive and comprehensive justice process for all those affected by the conflict and atrocities committed.

We thank you for your consideration.

Sincerely,

Global Justice Center Eyzidi Organization for Documentation
Iraqi Al-Amal Association   Iraqi Women Network
Madre Yazda

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Global Justice Center and the Bar Human Rights Committee Send a Submission to the International Criminal Court Urging the Opening of a Preliminary Examination

This Submission is presented to the Office of the Prosecutor (OTP or Office) of the International Criminal Court (ICC or Court) by the Global Justice Center and the Bar Human Rights Committee of England and Wales, requesting the opening of a preliminary examination into genocide and other crimes committed against the Yazidis. 

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Open Letter to Commissioner Georgieva

GJC writes open letter to Commissioner Georgieva of the European Commission in response to her September 8, 2014 letter explaining the European Union's position on abortion and the Geneva Conventions.

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Letter to President Obama, "Re: Ending the Deadly Denial of Abortion Services to Girls and Women Raped in War"

On the 65th Anniversary of the Geneva Conventions, GJC writes to President Obama asking him to issue an Executive Order which restores, at a minimum, the rape, incest and life endangerment exceptions to the Helms Amendment and affirms the rights of girls and women raped in war to all necessary medical care under the Geneva Conventions, including safe abortion.

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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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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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Letter to President Obama: United States Restrictions on Abortion Access Violates International Humanitarian Law

Louise Doswald-Beck, the former Head of the International Committee of the Red Cross' Legal Division (ICRC), former Director of the University Centre for International Humanitarian Law (CUDIH) and former Secretary General of the International Commission of Jurists wrote to President Obama on how the US abortion prohibition attached to humanitarian aid violates the rights of women and girls raped in armed conflict under IHL, and is a form of torture.

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