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.


UN Security Council Adopts Resolution 2467

FOR IMMEDIATE RELEASE – April 23, 2019

[NEW YORK, NY] – Today, the United Nations Security Council adopted Resolution 2467 on Women, Peace and Security. Although the resolution purports to address the needs of victims of sexual violence in conflict, it contains no direct references to reproductive health—a key component of necessary and comprehensive medical care. This last-minute compromise was made to avoid a certain veto by the United States government.

Over the past several months, the US made clear that it planned to oppose any UN documents that referenced sexual and reproductive health care. The language was stripped from the draft resolution less than a day before it was put before the Council, in a shameful concession to US hegemony.

The German-led resolution underwent an intense drafting process as its champions worked to avoid vetoes from China, Russia, and the United States. Germany has made clear since the beginning of its membership on the Council that conflict-related sexual violence is a major priority. Though it began with an ambitious list of topics, the resolution as adopted by the Council was significantly pared back, particularly concerning women’s bodily autonomy and choice. Almost twenty years after the establishment of the Women, Peace and Security agenda, the Council finds itself unable to deliver on its promises of non-discrimination and gender equality.

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

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 

 

Exporting Censorship: How U.S. Anti-Abortion Policy Violates International Laws on Freedom of Speech and Association

The Global Gag Rule Violates the Freedom of Speech

U.S. abortion restrictions on foreign aid impact the freedoms of  speech and association and prevent women from accessing necessary healthcare, limit democratic debate, and restrain other countries from complying with their human rights obligations. In short, they violate international law.

U.S. Restrictions and International Law

The freedoms of speech and association are central to the democratic process and among the most fundamental human rights. Protected by Articles 19 and 22 of the International Covenant on Civil and Political Rights (ICCPR), these rights cannot be obstructed by governments unless restrictions pass a strict three-part test. The ICCPR requires that any restrictions on speech or association: (1) are provided by law; (2) have a legitimate aim; and (3) are necessary and proportionate to achieving that aim.1
U.S. abortion restrictions on foreign aid fail every part of the ICCPR’s test. Instead, the Helms Amendment, Siljander Amendment, and Global Gag Rule (see the Global Justice Center’s FAQ for an explanation of these restrictions)2  limit the provision of abortion services around the world and prevent individuals, organizations, doctors, and human rights advocates from speaking about abortion rights to patients, governments, and the public.  Drawing from the Global Justice Center’s brief,3  the following examples demonstrate how these restrictions violate international law.

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

Read Akila Radhakrishnan's Speech at the Feminist Majority Foundation's 2018 National Young Feminist Leadership Conference

2018 National Young Feminist Leadership Conference
March 17, 2018 Washington, DC
Text of Preparted Remarks

"I think we all remember the image of Donald Trump, on his third day in office, surrounded by a group of white men, with Mike Pence looking anxiously over his shoulder, signing an executive order stripping women and girls around the world of their access to safe abortion services. And he didn’t just do it like Presidents before him—like Regan and George W. Bush—he did it bigly. 

Submission to the UN Human Rights Council for US UPR

GJC sends a mid-term report submission for the Universal Periodic Review of the United States of America. The report examines the restrictions that the US puts on foriegn aid regarding the provision of abortion services and the ways those restrictions violate international law.

Download PDF

FAQ: How US Abortion Restrictions on Foreign Assistance, including the Global Gag Rule, Violate Women Rights & Human Rights

On January 23, 2017, his second day in office, President Trump issued an executive order reinstating the Global Gag Rule (“GGR” or “Gag Rule,” now termed “Protecting Life in Global Health Assistance”), restricting US funding for organizations that provide abortion services as a method of family planning. The GGR joins a multitude of other restrictions on family planning and abortion imposed on US foreign assistance that permit the US government to dictate the care provided to women around the world. This FAQ explores commonly asked questions about these policies—what they are, what they mean, and their impact is—including on women’s and human rights.

Download PDF

Global Justice Center Applauds Senate Committee Vote Against Global Gag Rule

FOR IMMEDIATE RELEASE - September 8, 2017

[NEW YORK, NY] – On Thursday, the Senate Appropriations Committee moved to reinstate funding for the United Nations Population Fund and overturn Trump’s reinstatement and expansion of the Global Gag Rule. Sen. Jeanne Shaheen from New Hampshire proposed an amendment to the 2018 State and Foreign Operations Appropriations Bill that would overturn Trump’s expanded version of the Gag Rule, reinstate US contributions to UNFPA and limit the power of any future president to reinstate the Gag Rule. The amendment was approved with the votes of two female republicans, Senator Collins from Maine and Senator Murkowski from Alaska, but still needs to pass the full senate to become law.

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.

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.