FOR IMMEDIATE RELEASE - June 24, 2013

[NEW YORK, NY] - Today, the United Nations Security Council unanimously passed Resolution 2106 addressing sexual violence in armed conflict during a debate led by the United Kingdom. Significantly, for the first time, a Security Council Resolution explicitly calls for UN entities and donor countries to provide “non-discriminatory and comprehensive health services, including sexual and reproductive health.” The Global Justice Center applauds the inclusion of this language, which represents a milestone for girls and women impregnated through war rape.

European Parliament adopts second resolution urging humanitarian aid to be independent from US restrictions and ensure sexual violence survivors’ access to safe abortion.

The European Parliament adopted a resolution on June 13, 2013, on the post-2015 UN Millennium Development Goals in which it specifically urged that the provision of EU humanitarian aid that contributes to the MDGs should be effectively excluded from the restrictions on humanitarian aid imposed by the USA and other donors on abortion. The eight Millennium Development Goals (MDGs) – which range from halving extreme poverty rates to promoting gender equality and promoting women’s empowerment, are agreed to by all countries and leading development institutions. However the implementation of these goals, in particular the reduction of maternal mortality is being jeopardized by the US who, despite unsafe abortion being a lead cause for maternal mortality, does not allow the use of humanitarian aid for abortion services in conflict zones.

The EP Resolution’s refers to the US “no-abortion” prohibition on humanitarian aid (section 31) and states:

31. Urges that the provision of EU humanitarian aid that contributes to the attainment of the MDGs and should effectively be excluded from the restrictions on humanitarian aid imposed by the USA or other donors, in particular by ensuring access to abortion for women and girls who are victims of rape in armed conflicts.

The US “no abortion” prohibition compromises all EU country level and European Commission funding, both for the medical treatment of victims of armed conflict and for ensuring enforcement of humanitarian law. EU countries donate to help victims of armed conflict through various ways, including through the UN, to groups like UNFPA or, to directly to groups working on the ground in conflict area. All these funds are commingled with US funds on the ground and thus compromised.

Click here to view the full resolution. 

“I don’t want to die,” Beatriz said.[1]

Beatriz is a 22-year-old Salvadoran woman who was recently denied the right to an abortion during her high-risk and potentially fatal pregnancy. Her court case has captured international attention, bringing to light the staunch anti-abortion policies of El Salvador and in other areas of Latin America, and around the world, even in life-threatening circumstances.

Beatriz suffers from lupus and other medical complications which worsened during her first pregnancy. Her doctors at the National Maternity Hospital claimed that with the progression of the 26-week pregnancy, Beatriz’s risk of hemorrhaging, kidney failure and maternal death would increase exponentially. Additionally, the fetus had a birth defect called anencephaly, in which a baby develops without parts of its brain and faces very little chance of survival. As a result, Beatriz sought an abortion for the sake of her health and the well-being of her young child at home that she must care for. The Government of El Salvador denied her an abortion despite her, her doctors’, and the international community’s entreaties. On May 29, El Salvador’s Supreme Court upheld the Government’s decision to deny her an abortion, based upon its reading of the country’s abortion ban, which was an “absolute impediment to authorize the practice of abortion.” The court claimed that “the rights of the mother cannot be privileged over those” of the fetus.[2]

After the Supreme Court’s ruling, the Inter-American Court of Human Rights (IACHR) promptly responded and demanded that the government “immediately adopt the necessary measures to protect the life, personal integrity and health” of Beatriz.[3] In addition, the IACHR held that “the Salvadoran State is obligated to ‘guarantee that the treating medical team has the … protection to fully exercise its function according to the decisions that, based on medical science, said medical team should adopt.’”[4] Such protection of medical personnel—granting them the freedom to make decisions based solely upon medical ethics rather than political considerations—guarantees better outcomes for female patients facing dangerous pregnancies, as it permits medical personnel to prioritize the patient’s welfare above all else. This mandate is also found under international humanitarian law, to protect doctors who provide life-saving abortions in humanitarian settings from prosecution under local criminal abortion laws.

On May 30, El Salvador’s Ministry of Health overrode the Supreme Court’s decision. María Isabel Rodríguez, the Salvadoran Minister of Health, announced that Beatriz would be allowed to end her pregnancy “at the first sign of danger” through an induced birth.[3] As a result, on June 3, Beatriz underwent a Cesarean section. Her daughter was born without a brain, and died five hours later.[5]While the decision of the Ministry of Health should be applauded for having saved the life of one woman, it does not do the necessary work of challenging El Salvador’s strict ban on abortion. The law must be changed so that other Salvadoran girls and women with dangerous pregnancies are not forced into the same suffering, uncertainty, and risk of death as Beatriz faced.

While many countries in Latin America, like Uruguay, Mexico City, Colombia, Brazil and Argentina have relaxed their highly conservative abortion laws, other nations including Chile and Nicaragua continue to maintain misogynistic and repressive restrictions on women’s reproductive rights.[6]Beatriz is one example of thousands of women across Latin America – and the world – who are denied access to safe abortions, even in cases of high risk pregnancies or pregnancies resulting from rape.

Shockingly, the United States, too, perpetuates this inhuman policy, by denying access to safe abortions for girls and women raped in war. This violates the Geneva Conventions and international humanitarian law (IHL).

Here’s how this US policy violates the Geneva Conventions: The 1973 Helms Amendment places a blanket abortion ban on all US humanitarian aid, even for girls and women who are brutally raped as a weapon of war, and those who face potentially fatal health risks.

The Global Justice Center sent a petition, and has organized a letter-writing campaign, to President Obama and continues to take action to ensure girls and women are guaranteed the nondiscriminatory medical care that is their absolute right under IHL. Bans on abortion maintain a society in which women and girls possess rights to health and life that are less than those of men and boys. It is clear that, as one of Beatriz’s lawyers, Victor Hugo Mata, said: “Justice here does not respect the rights of women.”[2] Action must be taken to change these oppressive policies in El Salvador, the United States and around the world.

[1]Zabludovsky, Karla. “A Salvadoran at Risk Tests Abortion Law.” The New York Times. The New York Times, 29 May 2013. Web. 04 June 2013. available athttp://www.nytimes.com/2013/05/29/world/americas/pregnant-sick-and-pressing-salvadoran-abortion-law.html?pagewanted=1&_r=0&ref=americas

[2]Palumbo, Gene and Karla Zabludovsky. “Salvadoran Court Denies Abortion to Ailing Woman.” The New York Times. The New York Times, 30 May 2013. Web. 04 June 2013. available at  http://www.nytimes.com/2013/05/30/world/americas/salvadoran-court-denies-abortion-to-ailing-woman.html?smid=tw-share&_r=0

[3]Zabludovsky, Karla. “WORLD BRIEFING | THE AMERICAS; El Salvador: Doctors Can Induce Birth to Save Woman, Official Says.” The New York Times. The New York Times, 31 May 2013. Web. 04 June 2013. available at http://www.nytimes.com/2013/05/31/world/americas/el-salvador-doctors-can-induce-birth-to-save-woman-official-says.html?src=recg

[4]Center for Justice and International Law, “Inter-American Court of Human Rights orders the Salvadoran State to interrupt the pregnancy of ‘Beatriz,’” May 30, 2013, available athttp://cejil.org/en/comunicados/inter-american-court-human-rights-orders-salvadoran-state-perform-a-therapeutic-abortion.

[5]Al Jazeera, “El Salvador abortion row baby dies,”June 4, 2013,http://www.aljazeera.com/news/americas/2013/06/20136494818222545.html.

[6]Groll, Elias. “El Salvador’s ‘Beatriz’ and the Politics of Abortion in Latin America.”Web log post.Foreign Policy. Foreign Policy, 31 May 2013. Web. 2 June 2013. available athttp://blog.foreignpolicy.com/posts/2013/05/31/el_salvador_beatriz_politics_abortion_latin_america

FOR IMMEDIATE RELEASE

April 16, 2013 [NEW YORK, NY]

The Global Justice Center (GJC) applauds the letter sent by Professor Louise Doswald-Beck to President Obama, urging him to lift US abortion restrictions on humanitarian aid for girls and women raped in armed conflict. Prof. Doswald-Beck is a former head of the Legal Division of the International Committee of the Red Cross (ICRC), and co-author of the 2005 authoritative codification of the customary rules of international humanitarian law.

GJC is leading the August 12th Campaign, which aims to ensure that girls and women raped in armed conflict have access to safe abortions in humanitarian settings as a part of their rights under international humanitarian law. Lifting the US abortion restrictions is a critical component of our efforts, and Professor Doswald-Beck joins influential legal and human rights groups, Parliamentarians and global legal experts who support the Campaign.

GJC President Janet Benshoof states that “Professor Doswald-Beck's impeccable credentials as one of the world‟s leading authorities on international humanitarian law make her letter to the President on the illegality of the US abortion ban put on humanitarian aid a 'must read' for all of us who care about the role of the US overseas.”

Professor Doswald-Beck's letter details the ways in which omitting an abortion option from medical treatment for female war rape victims violates the protection and care guarantees of the Geneva Conventions and customary international humanitarian law:

The denial of abortion violates the medical care guarantees of international humanitarian law.The failure to provide abortions as part of medical care for girls and women raped in war violates the categorical care and protection guarantees of IHL, which are “unchanged since 1864.” These include the rights of the “wounded and sick” to all necessary medical care, as required by their condition, under common Article 3 of the Geneva Conventions.

The denial of abortion violates the absolute prohibition on gender discrimination under international humanitarian law. The denial of abortions for girls and women impregnated as a result of war rape violates the IHL prohibition on “adverse distinction,” including discrimination based on gender, since boys and men raped in war receive all necessary medical care. Professor Doswald-Beck states that IHL, as well as human rights law, precludes using biological differences to justify less favorable treatment for women and that although the medical treatment for female victims of rape may be different from that of male victims of rape, under IHL, “the outcome for each gender” must be the same.

The denial of abortion constitutes torture and cruel treatment in violation of international humanitarian law. Given that pregnancy aggravates the serious, sometimes life-threatening, risks of the injuries from brutal rape perpetrated in armed conflict, the failure to provide abortion violates the prohibition against torture or cruel treatment under common Article 3 of the Geneva Conventions.

Professor Doswald-Beck states that although the parties to a conflict have primary obligations to provide care, all states, including the US, have a duty to “respect and ensure respect” for IHL under common Article 1 of the Geneva Conventions, including in the provision of humanitarian aid to war victims. Accordingly, Professor Doswald-Beck urges President Obama to lift US abortion restrictions on humanitarian aid, which she describes as leading to a “thoroughly inhuman” situation.

Benshoof adds “The President should heed her call and that of thousands of others. This terrible and shocking US policy is killing some women impregnated by war rape and causing lifelong suffering for others. No girl surviving brutal rape in armed conflict should be forced to bear the child of her rapists-torturers. President Obama should be seeking ways to advance, not subvert, the rights of girls and women raped in war under the Geneva Conventions and customary international humanitarian law.”
 

Visit www.globaljusticecenter.net to learn more about the Global Justice Center's August 12th Campaign.

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For further information or press inquiries, please contact Sarah Vaughan, Communications and Development Associate via e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 212-725-6530 Ext. 204.

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FOR IMMEDIATE RELEASE - April 16, 2013

[NEW YORK, NY]– The Global Justice Center (GJC) applauds the letter sent by Professor Louise Doswald-Beck to President Obama, urging him to lift US abortion restrictions on humanitarian aid for girls and women raped in armed conflict. Prof. Doswald-Beck is a former head of the Legal Division of the International Committee of the Red Cross (ICRC), and co-author of the 2005 authoritative codification of the customary rules of international humanitarian law.

A recent controversial death in Ireland has sparked worldwide debate regarding abortion. Savita Halappanavar, a young woman suffering from a potentially life-threatening miscarriage, was denied a life-saving abortion due to Ireland’s restrictive abortion laws. According to reports by Mr. Halappanavar, Savita was told told that an abortion could not be performed because “Ireland is a Catholic country”. The couple had also been informed that the fetus had no chance of survival, but that an abortion could not take place until the fetal heartbeat had disappeared.  Oddly, Ireland’s constitution itself states that abortion is legal, even if there is a fetal heartbeat, if there is a “real and substantial risk” to the life of the woman. This condition was clearly present in this case, as Ms. Halappanavar was pronounced dead only a week later. The fetus was eventually removed, but by then it was too late, causing Ms. Halappanavar to die from sepsis (infection of the blood). The problematic wording of the constitution’s requirement of “real and substantial risk” to the mother’s life clearly allows a great deal of subjectivity and discretionary action on the part of the physician. During the official inquest, hospital physicians have stated that there was nothing that could have been done to save the young woman because there was no substantive risk to her life until a few hours before her death. However, leading Irish obstetrician Dr. Peter Boylan admits that Ms. Halappanavar most likely would have survived had the abortion taken place a day or two before she became ill. It’s understandable why women around the world are outraged about the blatant violations of Halappanavar’s rights- violations that also occur in many countries around the world. How long are we going to allow women to have their health rights violated before a change is made? These unacceptable violations do not occur only in Ireland, but throughout the world, particularly in developing nations. That’s why Global Justice Center’s August 12^th campaign is so adamant about bringing justice to women around the world who are being denied their rightful access to abortions. Whether in a conflict zone or a peaceful area, women’s lives should never be put at risk because of a practitioner’s religious or social beliefs. Every woman is entitled to life, and not allowing a woman to have an abortion takes away her fundamental right to live and make decisions for her own health. The denial of abortion rights to women is unjust, and in Ms. Halappanavar’s case, unlawful, and women worldwide must take action to ensure that this is put to an end.

March 11, 2013

Letter sent to President Obama by the Santa Barbara Women Lawyers as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

Excerpt:

Rape and forced pregnancy are frequently part of violent attacks intended to torture or even kill girls and women. Those who survive such rapes frequently suffer from life-long physical, psychological and social consequences. These consequences are amplified for those girls and women who become pregnant from the rapes. Girls and women who survive these attacks often lack access, funds or information to abortion- related services; thus denying them the full range of health care services.

All victims of armed conflict are entitled to receive complete, appropriate and non-discriminatory medical care. The United States abortion restrictions on humanitarian aid undermine the rights of survivors of rape in armed conflict to non-discriminatory medical care and should therefore be lifted.

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On March 7, 2013, the European Parliament issued an open letter to President Obama, urging him to lift US abortion restrictions on aid to war rape victims.

The Global Justice Center's August 12th Campaign challenges the denial of life-saving abortions to girls and women who are raped and impregnated in armed conflict, as a violation of the Geneva Conventions.

This letter highlights the fact that the US "no abortion" clause negatively affects how aid from foreign governments can be administered because it is often pooled together. As a result, humanitarian aid organizations on the ground are often unable to provide medically-necessary abortions to girls and women who have endured the horrors of war rape.

Click here to read the letter from the MEPs to President Obama.

 

Here is the press release issued by the MEPs:

D66 Press Release

Brussels, 7 March 2013

MEPs urge Obama to rescind US abortion ban for women raped in armed conflict

In an open letter to United States President Barack Obama, Members of the European Parliament Working Group on Reproductive Health, HIV/AIDS and Development (EPWG) urge the head of state to immediately lift US abortion restrictions on humanitarian aid for girls and women raped and impregnated in armed conflict. "Withholding war raped women the right to safe abortion as a result of US development aid policy is a form of violence against women and girls, priority theme at the UN Commission on the Status of Women in New York", says Chair of the EPWG, Dutch Liberal Democrat Sophie in 't Veld.

In 't Veld and colleagues have been campaigning for the EU and its Member States to no longer accept the US imposed ban. "Europe must speak up for those women, and urge our American friends and allies to immediately abolish the ban."

The US imposes a "no abortion" clause on its foreign aid, which in practice means that humanitarian organizations that receive US funding neither talk about nor provide safe abortions to victims of war rape. In 't Veld comments: "Rape is being used as a weapon of war, destroying lives, families and communities. Women victims are already punished enough and should not be denied the right to a safe termination of the resulting unwanted pregnancy."

Every year, tens of thousands of girls and women are raped during armed conflicts. More than two-thirds of conflict-related rape in the Democratic Republic of Congo (DRC) are gang rapes, one third of the victims are girls under the age of 18. Given that many girls and women in the DRC are raped in the context of sexual slavery, they incur the greatest risk of pregnancy. In 't Veld: "The fact that United States is the world’s largest provider of humanitarian aid has enabled it to impose its policy on abortion on neutral organizations, such as the International Committee of the Red Cross. The US should make a distinction between abortion as a means of family planning and termination of pregnancy as a medical necessity."

March 6, 2013, 15:30-17:30

At United Nations Church Center, 2nd Floor

Hope Medical Enterprises is a not for profit Non-Governmental Organization (NGO) based in the United Kingdom, with a focus on helping Iraqi women and children in Iraq and in Europe in all aspects of their daily lives. The discussion will focus on HIV in Iraq and possibilities to support women and children affected. Among the speakers will be Dr. Hamid Al-Bayati, UN Ambassador of Iraq and Janet Benshoof, President of the Global Justice Center. 

This month is International Women’s Month! We are joining several groups tomorrow, March 7, at 12pmET to discuss abortion coverage restrictions and the consequences that it has on women. Follow #hydehurts and #helmshurts on twitter and join us in being a voice for many women around the world who are unable to speak out!

The Commission on the Status of Women is being held at the UN during these next two weeks, and GJC will be in attendance as a consultative member of the NGO working group on women, peace, and security. Janet Benshoof, GJC president, will be speaking on two panels to highlight the importance of ending violence against women in conflict.

The Global Justice Center is working diligently to advocate for gender inequality in conflict and post conflict situations. Our August 12^th Campaign is challenging the routine denial of medical rights to war rape victims as a violation of the right to non-discriminatory medical care under the Geneva Conventions. Thousands of girls and women raped in armed conflict are routinely denied their rightful access to safe abortions, and we must put a stop to this. Furthermore, girls and women are raped daily to accomplish military objectives, including genocide. Rape is more effective and cost effective than any other unlawful weapon used in armed conflict today, yet it is routinely overlooked by the international community. GJC’s Rape as a Weapon of War project is working to ensure that states using this method of warfare are held accountable for their actions.

Stephanie Johanssen, legal counsel for European and UN affairs at GJC, has been working tirelessly on behalf of GJC as a member of the working group on women, peace, and security to monitor implementation of Security Council resolutions on the role and rights of women in conflict situations. GJC uses its consultative status with the United Nations to be a leading voice urging UN bodies to fulfill their obligations to act against fundamental law violations. The UN is the epicenter of global efforts to end impunity for perpetrators of war crimes, and gives GJC the ideal access point to strengthen the impact of our legal arguments.

Please support us in making a difference in the lives of thousands of women worldwide!

August 12, 2011

Letter sent to President Obama by the European Women Lawyers' Association as a part of the GJC's "August 12th Campaign" that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

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August 12, 2011

Letter sent to President Obama by the Global Justice Center as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

The letter was also signed by: Alliance for Justice; American Jewish World Service; Association for Women's Rights in Development; Center for Health and Gender Equity; Center for Women's Global Leadership; Center for Women Policy Studies; Consortium on Gender, Security and Human Rights; Engender, South Africa; Feminist Majority Foundation; Femmes Africa Solidarite; Gender Action; Global Network of Women Peacebuilders; International Federation of Women Lawyers; FIDA, Kenya; FIDA, Nigeria; Legal Momentum; National Organization for Women Foundation; Partners in Health; Physicians for Human Rights; Unione Degli Atei E Degli Agnostici; Women's International League for Peace and Freedom, U.S. Section; and V-Day.

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August 18, 2011

Letter sent to President Obama by EngenderHealth as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

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June 13, 2012

Letter sent to President Obama by Network for Africa as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

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February 1, 2012

Letter sent to President Obama by a group of UK Queen's Counsel as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

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August 10, 2011

Letter sent to President Obama by Solidarity for African Women's Rights as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

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August 8, 2012

Letter sent to President Obama by Synergie Des Femmes Pour Les Victimes Des Violence Sexuelles' (DRC) as a part of the GJC's "August 12th Campaign" asking that he issue an Executive Order lifting US abortion restrictions on humanitarian aid.

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February 14, 2013, 15:00

At Times Square, NYC

 

On February 14, 2013, the staff of the Global Justice Center  joined with Amnesty International is Times Square today for One Billion Rising, V-Day’s global movement to end violence against women. It was such a meaningful event and incredible atmosphere, so we'd like to share a few photos from the day!

Please also take a look at our blog to see more of our One Billion Rising activities and learn more about our work: http://globaljusticecenter.net/blog/

The GJC welcomes the Committee’s Concept Note and looks forward to the general discussion on “Access to Justice” in preparation for a General Recommendation on the subject.

In general, access to justice for women is essential to the advancement of women’s rights, including the prevention of any form of discrimination against women, including gender based violence, and the full implementation of the rights in the UN Convention on the Elimination of all Forms of Discrimination against Women.2 In this context, it is essential that women are able to assert their rights in a judicial system, have access to redress and reparation, including compensation, and have perpetrators of crimes against women held accountable.

This written submission focuses on one particular area of access to justice: the necessity to ensure equal participation in the judiciary by women, in particular through the use of quota systems. Gender parity in the judiciary is essential in order to ensure the advancement of the rule of law, and high quality, non-discriminatory decisions.

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Reply of the European Commission Directorate-General of Humanitarian Aid and Civil Protection (ECHO) to the Global Justice Center’s August 14, 2012 letter entitled, “EU humanitarian aid for women raped in armed conflict must respect their rights to non-discriminatory medical care under International Humanitarian Law."

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