The United States tracks adolescent sexual and reproductive health (SRH) indicators through the Centers for Disease Control and Prevention (CDC) via the Youth Risk Behavior Surveillance System (YRBSS) and the National Center for Health Statistics (NCHS). Furthermore, the Office of Population Affairs, within the Department of Health and Human Services, maintains ongoing data reporting, collection, and monitoring of changes and trends relating to statistics on adolescent SRH. Large-scale health surveys, public health institutions, and academic research studies are utilized to gather data. Since 2009, teen birth rates in the United States have been declining and is 13.6 births per 1,000 females as of 2022. This rate remains higher than in other similar industrialized countries.

While U.S. constitutional law provides a clear basis to reject Tennessee’s attempt to silence individuals providing information about safe and lawful healthcare access, affirming the district court’s holding would also align with international human rights law. Several international treaties, including the International Covenant on Civil and Political Rights (“ICCPR”) and the International Convention on the Rights of the Child (“CRC”), support the position that the Recruitment Provision violates longstanding international legal principles protecting free speech.

We the undersigned 115 reproductive health, rights, and justice organizations are dedicated to the protection and realization of human rights for all people, and we are deeply concerned about the United States Government’s decision to withdraw from the Universal Periodic Review (UPR) process, an unprecedented step that signals a worrying retreat from our human rights obligations and the global mechanisms of accountability.

Our coalition recently developed a joint submission to the UN Human Rights Council before the USA’s upcoming 4th Universal Periodic Review. This submission focused on the significant deterioration of sexual and reproductive rights and justice across the country since the elimination of a federal right to abortion and amid a broader undermining of rights in the USA.

As the United States (“US”) approaches its 4th Universal Periodic Review (“UPR”), individuals’ sexual and reproductive health and rights have significantly deteriorated across the country, particularly with regard to abortion and related healthcare. Following the Supreme Court’s 2022 decision, Dobbs v. Jackson Women’s Health Organization,1 a growing number of states have implemented complete bans or aggressive restrictions on abortion, resulting in millions without access to care. Many seeking care, particularly in the South, are now forced to travel long(er) distances, seek medication through additional formal and informal means, or continue pregnancies against their will. Simultaneously, states are increasingly hostile to and criminalizing abortion seekers and providers, third parties who help individuals access care, and/or circumstances surrounding pregnancy, with laws that impose harsh penalties including fines, prosecution, and imprisonment.

Health and care workers play an essential role in realizing the human right to health for all people globally. In fact, the right to “the highest attainable standard of physical and mental health” enshrined in Article 12 of the International Covenant on Economic, Social and Cultural Rights would be meaningless without health and care workers. As noted by the UN Special Rapporteur on the Right to Health, these individuals are “key protectors of the right to health” and should be protected as human rights defenders. The Global Justice Center (GJC) submits the following information for consideration as the UN Special Rapporteur on the Right to Health prepares her report to the Human Rights Council, 59th Session, focusing on “health and care workers as key protectors of the right to health.”  GJC applauds the Special Rapporteur for identifying the human rights of healthcare workers and their ability to protect the rights of others as strategic priorities.