For an in-depth analysis of the new Title X regulations (Final Rule, Domestic Gag Rule, or Domestic Gag), the impact on clinics’ participation in Title X and patients’ access to healthcare, domestic litigation challenging the restrictions, and how the Domestic Gag Rule violates the United States’ international human rights legal obligations, see the Global Justice Center and Leitner Center’s full report.

The Domestic Gag Rule is part of a broader pattern aimed at restricting access and denying women their ability to exercise their fundamental human rights

For the last four years the Trump administration has engaged in a systematic effort to undermine reproductive choice and bodily autonomy. Internationally, the Trump administration has attempted to undermine international law and institutions that protect sexual and reproductive health and rights (SRHR) and has cut funding for organizations that promote reproductive rights and services. President Trump reinstated and expanded the Global Gag Rule, limiting funding for foreign non-governmental organizations that provide abortion services as a method of family planning and restricting a wide variety of speech about abortion services, research, and advocacy, with well-documented detrimental impacts on sexual and reproductive health, HIV and AIDS services, and maternal mortality.

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As organizations committed to the advancement of human rights and gender equality, we stand in solidarity with all those in Poland who for the last week have peacefully protested against the politicized attack on women’s fundamental human rights and access to health care.

Last week Poland’s Constitutional Tribunal issued a decision purporting to invalidate a legal ground for abortion. If this decision is given legal effect it will amount to the introduction of a near-total ban on abortion in Poland.

Thousands across Poland have protested peacefully against this unlawful and retrogressive decision. We express our deep admiration for the courageous and tireless efforts of those defending the rights of women in Poland. Women’s fundamental human rights are universal. Attacks on these rights concern everyone in society and their impact transcends national borders.

We urge the Polish Government to respect the right of freedom of assembly and peaceful protest, and to exercise restraint and refrain from excessive use of force and violence. We are deeply concerned by reports that military action is being planned to suppress peaceful protests and demonstrations. We urge the EU and the international community to monitor the situation and to act with urgency to prevent violence against peaceful protestors and attacks on women human rights defenders. 

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Since the adoption of United Nations Security Council Resolution 1325 (2000) recognizing the vital role of  women in peacebuilding, peacekeeping, and post-conflict recovery, the Women, Peace, and Security (WPS)  Agenda has gained global recognition. In the two decades since, the United States (U.S.) has taken steps to  

elevate WPS in its foreign and national security policies. In particular, in 2011, President Obama launched the  first U.S. National Action Plan on WPS via executive order, which was subsequently updated in 2016. In 2018,  Congress enacted the landmark WPS Act. In 2019, pursuant to the WPS Act, the Trump Administration released  the U.S. Strategy on Women, Peace, and Security (WPS Strategy). In 2020, the U.S. Agency for International  Development (USAID), as well as the Departments of Defense, State, and Homeland Security, as required by  the WPS Act, rolled-out agency-specific implementation plans to operationalize the WPS Strategy.

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Introduction

Since taking office, the Trump administration has unleashed a blitz of regressive and discriminatory laws and policies. Of the many issues under attack, few have seen similar ire and attention as sexual and reproductive health and rights (SRHR). Both internationally and domestically, the Trump administration has engaged in a broad, systematic effort to undermine reproductive choice and bodily autonomy. 

Internationally, the Trump administration has attempted to undermine international law and institutions that protect SRHR and has cut funding for organizations that promote reproductive rights and services. Within days of taking office, President Trump reinstated and expanded the Global Gag Rule, an onerous policy that limits funding for foreign non-governmental organizations that provide abortion services as a method of family planning and restricts a wide variety of speech about abortion services, research, and advocacy, with well-documented detrimental impacts on sexual and reproductive health, HIV and AIDS services, and maternal mortality. The Trump administration has attempted to erase language on SRHR from governmental and inter-governmental documents, such as in the State Department’s annual human rights report, United Nations (UN) negotiated documents, and UN resolutions.  In 2019, the United States (US) cut funding to the Organization of American States (OAS), a quasi-governmental regional body, for allegedly violating restrictions on lobbying for abortion rights by commenting on state practice on reproductive choice. Most recently, the unlawfully formed and operated State Department’s Commission on Unalienable Rights, created to advise the Secretary of State on human rights and intended to inform US foreign policy, issued a draft report which misrepresents the nature of the international human rights framework and inaccurately frames access to abortion as a “divisive social and political controvers[y]” rather than an established right under international law. 

The Trump administration’s attacks on reproductive rights are not limited to international and foreign-policy related targets. Domestically, the Trump administration has also taken steps to erode protections for SRHR, including by targeting the Title X Family Planning program with new regulations, Compliance with Statutory Program Integrity Requirements (the Final Rule), published on March 4, 2019. The Final Rule imposes a number of new physical, financial, and administrative burdens on clinics receiving Title X funding in an effort to restrict women’s access to particular reproductive health information and services. As this report documents, the Final Rule violates fundamental human rights and the US’ obligations under international human rights law. Although the US has attempted to minimize or ignore its international human rights obligations, as shown in the recent Commission on Unalienable Rights draft document, this report reviews the substantive obligations of the US and the binding nature of these legal obligations.