Trump’s Gag Rules Hurt the Most Vulnerable Women

Excerpt ofMs. Magazine op-ed by GJC Legal Adviser Elena Sarver.

Over the last two and a half years, the Trump administration has waged war on women’s sexual and reproductive rights. The battles have played out internationally and here at home—driven by oppressive gag rules globally and domestically.

The Global and Domestic Gag Rules are just two of the repressive policies that the Trump administration has put in place to deny abortions to women. Both of these policies are intended to restrict access to necessary services and silence the conversation around abortion, ultimately causing great harm to women’s health and their lives. But while their names are similar, these policies target two different pools of federal funding. 

The Global Gag Rule is outwardly oriented, and prevents foreign non-governmental organizations that receive U.S. global health funding from providing or “promoting” abortions as a method of family planning. Trump’s iteration of the decades-old Republican policy expanded its scope from family planning assistance to global health assistance—restricting $8.8 billion in U.S. funding instead of $600 million.  

Read the Full Op-Ed

US Move on Reproductive Rights Sets Dangerous Precedent

Excerpt ofFair Observer op-ed by GJC Legal Adviser Elena Sarver.

Earlier this year, the Trump administration cut funding to the Organization for American States for protecting reproductive rights. While America’s attention has turned to the restrictive abortion bans across numerous states, the Trump administration has continued its relentless attacks on women’s bodies and the very foundations of women’s rights abroad. Under the guise of foreign policy, the White House is exporting censorship — ultimately threatening US allied relations, the human rights system and women’s health.

These actions should raise red flags around the world about the United States’ damaging influence on human rights systems abroad, and its potential to cause increasing harm in the future.

In March, Secretary of State Mike Pompeo announced new changes to enforce and implement the Trump administration’s draconian policies on sexual and reproductive rights in foreign assistance. In the first part of Pompeo’s announcement, the administration expanded the scope of the Mexico City Policy (also known as the Global Gag Rule) to prohibit foreign nongovernmental organizations that receive US global health assistance funds from financing any other foreign NGOs that carry out banned operations, including performing or promoting abortion as a method of family planning.

Read the Full Op-Ed

Response to Proposed United States Strategy on Women, Peace and Security

FOR IMMEDIATE RELEASE— June 13, 2019

[NEW YORK, NY] - This week, the Trump Administration released the United States government’s latest strategy on women, peace and security (“WPS”).  While it contains lofty goals to advance women’s equality and political participation, these objectives are directly undermined by current US policies.

“The Trump Administration’s stated commitment to advancing women’s equality through the WPS strategy is absurd,” says Global Justice Center President Akila Radhakrishnan. “In fact, this administration is actively harming women and girls around the world by expanding the Global Gag Rule, blocking language on access to life-saving healthcare services for war rape victims at the UN Security Council, and impeding international efforts at accountability for gender-based violence through its threats against the International Criminal Court. Until these policies, and others, change, this WPS strategy is not even worth the paper it’s printed on.”

Holistic Care for Victims of Conflict-Related Sexual Violence


By: Maryna Tkachenko

Conflict-related sexual violence (CRSV) takes on various forms: rape, forced pregnancy, forced sterilization, forced abortion, sexual exploitation, trafficking, genital mutilation, and other heinous forms of sexual abuse. Although both women and men can become targets of sexual violence, women constitute the majority of the victims. It has been widely recognized that all survivors experience long-lasting mental and physical harm, but women and girls have unique, gender-sensitive needs. That is why survivor-centered care is one of the main requirements in providing victims with the tools to take control of their lives. Avoiding further harm and trauma, we must treat survivors with respect for their dignity, bodily autonomy, and the choices they make. 

What does holistic, victim-centered care constitute in practice? Drawing on extensive experience as a founder of Panzi Hospital in 1999 and a co-recipient of the Nobel Peace Prize in 2018 for his work to end the use of rape as a weapon of war, Dr. Denis Mukwege offers us the Panzi Model, a holistic model of care that addresses the root causes of violence against women and girls and rebuilds survivors’ lives based on principles of human rights and gender equality. This model encompasses four main aspects: psychosocial support, medical care, access to legal justice, and reintegration into communities.

US Abortion Restrictions Violate Women’s Human Rights

Excerpt of PassBlue op-ed by GJC President Akila Radhakrishnan and CHANGE President Serra Sippel. 

Every year, 25 million women across the world are forced to obtain unsafe abortions. The United States, through its foreign policy, is deeply complicit in the violation of these women’s right to life and equality under international law.

International human-rights frameworks guard against these violations and hold the US and other countries accountable. The International Covenant for Civil and Political Rights (ICCPR), for instance, details the basic rights and freedoms guaranteed to all people worldwide, including the right to life, the right to liberty and the right to equality. Such rights are not symbolic: they are grounded in the dignity of each human being and protected by international law.

Since 1966, 172 parties — including the US — have signed the ICCPR. It is one of the few human-rights treaties that the US has ratified. But today, the US imposes illegal abortion policies that brazenly violated its obligations under the Covenant and other binding provisions of international law.

Read the Full Op-Ed in PassBlue

International Law Demands the U.S. Do Better on Abortion Policy

Read GJC Staff Attorney Danielle Hites' post on the Ms. Magazine Blog.

Within days of assuming office in 2017, President Trump re-instated and expanded the Global Gag Rule, which restricts funding for international organizations that provide or “promote” abortions. Two years later, feminist lawmakers serving in the now Democratic-led House kicked off their own terms by attempting to roll it back.

Pending legislation to establish a budget and keep the government open beyond the three week negotiation period includes a provision that would protect NGOs from being categorically defunded, effectively rescinding the Global Gag Rule. The House spending bill would render health and medical services of such organizations, including counseling and referral services, as insufficient for the sole basis for ineligibility for U.S. funding, and allow NGOs to use non-U.S. funding with fewer regulations.

Every Republican president since Ronald Reagan has enacted some version of the Global Gag Rule, but Trump drastically expanded its scope—and magnitude of harm. NGOs receiving U.S. foreign aid are now prohibited from spending any of their funds, including funding from non-U.S. sources, on abortion-related services, referrals, counseling or advocacy. Trump’s iteration of the Global Gag Rule also applies to all U.S. global health assistance, as opposed to previous version which were centered solely on U.S. family planning funds, meaning it affects $8.8 billion of foreign aid rather than $575 million.

Read the Full Article

Censorship Exported: The Impact of Trump’s Global Gag Rule on the Freedom of Speech and Association

Joint policy brief by the Global Justice Center and the Center for Health and Gender Equality (CHANGE)

In January 2017, President Trump signed a presidential memorandum reinstating the Global Gag Rule (GGR), an onerous policy that not only limits the provision of abortion services as a method of family planning but also restricts a wide variety of speech about abortion, including information, certain types of research, and advocacy. 

Two years on, the detrimental impacts of Trump’s GGR on sexual and reproductive health, HIV and AIDS services, and maternal mortality are well documented. But the GGR, in conjunction with other US abortion restrictions on foreign aid, also violates the fundamental rights of individuals and organizations to free speech and association. This policy brief looks at the documented impacts of the GGR that have been observed over the past two years against the human rights framework protecting the fundamental freedoms of speech and association. This is an edited version of GJC and CHANGE’s submission to the Human Rights Committee’s 125th Session for the preparation of the US List of Issues Prior to Reporting.

Read the Full Analysis

Observations and Topics to be Included in the List of Issues United States of America: US Abortion Restrictions on Foreign Assistance

With this submission, the Global Justice Center (GJC) and the Center for Health and Gender Equity (CHANGE) aim to provide guidance to the pre-session Working Group in its preparation of the list of issues to be examined during the Human Rights Committee’s (“Committee”) review of the United States (US). It specifically focuses on areas of concern with respect to the US’s violations of the International Covenant on Civil and Political Rights (ICCPR) related to sexual and reproductive rights of individuals around the world.

Read the Full Submission

It's Time for Comprehensive Sexual and Reproductive Health and Rights in Latin America

By: Sofia Garcia

In 1990, women in Argentina declared September 28th to be the Day for Legal Abortion in Latin America and the Caribbean. 28 years later, we now recognize it as International Safe Abortion Day, a day where women and men all over the world take to the streets to demand access to legal and safe abortions. This day is commemorated only two days after World Contraception Day on September 26th, a day intended to improve awareness of contraception and increase sexual education among young people. Coincidentally or not, this week in September crystallizes the intersectional nature of sexual and reproductive health and rights.  In regions like Latin America and the Caribbean where women are often left behind on legislation, days like International Safe Abortion Day and World Contraception Day serve as a crucial call for governments to recognize the importance of expanding access to sexual and reproductive health and rights in tandem.

In recent years, the staggering lack of access to abortion services in the region has resulted in a greater push for the decriminalization of abortion as well as the expansion of abortion services. Six countries in the region still do not allow abortions to be performed under any circumstance. The draconian laws that govern abortion in the region have not only stigmatized discourse about abortion and sexual and reproductive health--they have also created a greater push for legalized abortion. The Guttmacher Institute estimates that, as of 2017, more than 24 million women in Latin America and the Caribbean have an unmet need for modern contraception. This means that women in the region who are having sex are either doing so without any contraception, or are using traditional methods such as the “pull out” method, which are much less effective at preventing unintended pregnancies. This, naturally, leads to a high number of unintended pregnancies. The sheer lack of access to contraception or other sexual and reproductive health services has resulted in the highest numbers of unintended pregnancies in the world, about 14 million each year. This creates a great demand for abortion services, but many countries in the region still do not allow women to make decisions regarding their bodies without legal roadblocks, stigma, or discrimination.

Proposed "Domestic Gag Rule" Violates Americans’ Right to Free Speech

FOR IMMEDIATE RELEASE – July 31, 2018

[NEW YORK, NY] – Today marks the deadline for public commentary on the changes to the Title X Family Planning Program proposed by the Department of Health and Human Services (HHS). If adopted, this domestic “gag rule” would ban health centers that receive Title X funding from providing their patients with information, referrals, access or support regarding abortion services. This rule is yet another attack by the Trump Administration on low-income and minority communities.

July News Update: GJC Fights Back Against Illegal Gag Rule

Today, the Global Justice Center submitted a formal comment to Secretary of Health and Human Services Alex Azar detailing the ways in which proposed restrictions on Title X deny women their fundamental human rights.

The proposed restrictions on Title X, announced by the White House in May, threaten to cut off funding to any health care provider that refers, provides, or even mentions abortion, which will lead to dire consequences, primarily for low-income women. Doctors will be forced to withhold information from women, even when directly asked for it, and women will need to seek information about their medical options elsewhere.

Read the Full Newsletter

May News Update: Help Us Fight Trump's Domestic Gag Rule

This week, the White House announced new restrictions on Title X that threaten to cut off funding to any health care provider that refers, provides, or even mentions abortion, leading to dire consequences, primarily for low-income women.

This dangerous policy will deny women their fundamental rights under the US Constitution and international human rights law.

After years of experience fighting against US abortion restrictions on foreign aid, the Global Justice Center has the expertise necessary to counter this new Domestic Gag Rule.

Read the Full Newsletter

May News Update: President Trump Puts Women at Risk With U.S. Abortion Gag Rule

The Trump administration proposed a domestic “Gag Rule” last night, banning health centers that provide, refer, support, or assist women in accessing abortion services from receiving Title X funding. This dangerous policy will deny women their fundamental human rights.

Like the Global Gag Rule reinstated by President Trump in 2017, the Domestic Gag Rule will coerce doctors into staying silent about the option to terminate a pregnancy (except in extremely limited circumstances) under threat of losing their government funding. In effect, the Domestic Gag Rule will prevent doctors from providing complete and accurate medical guidance to women. Even if a patient asks directly where she can obtain an abortion, a Title X provider will not be able to provide her with direct information in order to allow her to access her constitutionally protected right.

Read the Full Newsletter

Exporting Censorship: How U.S. Restrictions on Abortion Speech and Funding Violate International Law

Excerpt from Akila Radhakrishnan and Kristin Smith's blog post on IntLawGrrls

Although much attention is rightfully paid to the devastating impact of the reimposed Global Gag Rule, the Helms and Siljander Amendments (which have been permanently in place since the 1970s) often command less consideration. These restrictions are discussed separately here in order to illustrate their unique effects on freedoms of speech and association. However, Helms, Siljander and the Global Gag Rule all fall short of the ICCPR’s requirements and therefore violate freedoms of speech and association in complex ways, as examined in more detail in the Global Justice Center’s recent brief. This post explores how the Helms and Siljander Amendments fail to meet the ICCPR’s standards for lawful restrictions on the freedom of speech. Part Two will focus on the Global Gag Rule and its violation of the freedom of association.

The Helms Amendment (first enacted in 1973) provides that no U.S. funds “may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.” In practice, U.S. government agencies have interpreted and applied the Helms Amendment as a total ban on abortion speech and services, despite the Leahy Amendment’s attempt to clarify that counseling on pregnancy options should not be considered “motivation.” U.S. application of Helms also does not include exceptions for rape, incest or life endangerment (unlike the Global Gag Rule), even though these exceptions are often covered by other legal protections (such as international humanitarian law).

Read the Full Post 

 

U.S. Restrictions on Free Speech & Association: How U.S. Anti-Abortion Policy Violates International Law

The Global Gag Rule Violates the Freedom of Speech

Since 1973 and the passage of Roe v. Wade, the United States has imposed restrictions on how foreign aid money is spent when it comes to abortion. These restrictions directly impact health care providers by reducing the services and information they can give. In fact, the restrictions are so far-reaching that they also limit the activities of experts and advocates when it comes to defending abortion rights. As a result, the U.S.—a country that prides itself on its democratic ideals—is continually violating the free speech and association rights of health care providers and advocates around the world.1

How U.S. Abortion Restrictions Violate International Law

  • Limit debate on issues of public interest and advocacy on human rights.
  • Harm the democratic process of other countries by preventing the free and open discussion of abortion as a right and barring the discussion of legislative changes to make the right effective.
  • Fail to provide sufficient clarity on which speech and activities remain allowed, creating a chilling effect on speech and activities that remain permissible. 
  • Do not pursue a legitimate aim such as national security or public health. The U.S. government itself does not see these restrictions as necessary to achieving a legitimate aim, as the Global Gag Rule is regularly removed and reinstated by U.S. presidents along party lines. In fact, the restrictions threaten women’s health by decreasing access  to necessary health care services and increasing unsafe abortion rates.2

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. 

Download event information