Press Releases

On Sunday, the Global Justice Center will mark 50 years since the passage of the Helms Amendment, a United States foreign policy that restricts the funding of abortion services abroad. The amendment was passed on December 17, 1973 — just months after Roe v. Wade was decided by the United States Supreme Court. Despite the language of the amendment only prohibiting US foreign aid funding of abortion as a “method of family planning,” Helms has been implemented as a total ban on abortion services. Reproductive rights activists have long urged US presidents to take executive action clarifying that Helms allows funding of abortion care abroad in cases of rape, incest, or life endangerment of the pregnant person, including in humanitarian settings. According to a Guttmacher Institute analysis, there could be approximately 19 million fewer unsafe abortions and 17,000 fewer maternal deaths each year if Helms were repealed. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “Five decades of death is the only way to summarize the legacy of the Helms Amendment. It is a primary cause of countless maternal deaths due to unsafe abortions around the world. It has fueled the destruction of critical healthcare networks as providers have been forced to make an untenable decision between losing essential funding or offering comprehensive medical care. Helms is nothing short of a human rights catastrophe that 10 presidential administrations have allowed to fester. “Let’s be clear: the Helms Amendment is a violation of the human rights to health, life, non-discrimination, freedom from torture, and more. The denial of abortion as such has been recognized by everyone from medical experts to international human rights bodies. Yet, five decades later, Helms and its legacy of immense harm is ignored by US politicians, including those who claim to support reproductive rights. “The Helms Amendment is the foundation of all abortion restrictions in US foreign policy, including the Global Gag Rule. Limiting its harmful impact — and ultimately, its repeal — must be a top priority for both the US reproductive rights movement and any lawmakers who are serious about positioning the United States as a leader on human rights. Because as long as Helms remains in place, the United States should be seen as a pariah state when it comes to reproductive rights.”

More than 100 international and domestic organizations today sent a letter to the U.S. State Department and U.S. Agency for International Development (USAID) urging them to end overly restrictive interpretations of law that block the use of foreign assistance funds for abortion services in any circumstance. The Helms Amendment prohibits foreign assistance funding for abortion services as a “method of family planning.” This means abortion services can be funded in cases of rape, incest and life endangerment. However, USAID and the State Department have never funded abortion services in these contexts. Elena Sarver, legal advisor at the Global Justice Center, issued the following statement: “We’ve said it for years: the president can end a devastating human rights violation with the stroke of a pen. For too long, US presidents have failed to take action to implement exceptions that permit funding of abortion care abroad in certain cases. The Biden administration can take immediate action to change that now. “As the world’s largest provider of humanitarian aid worldwide, the US is in a unique position to deliver healthcare to those who need it most. But as a result of its incorrect interpretation of the Helms Amendment, it is routinely denying critical abortion care to victims of rape, incest, and in cases of life endangerment. In order to live up to its stated commitment to reproductive rights, the Biden administration should clarify these exceptions and implement funding for abortion in these cases.”

Abortion is Health Care Everywhere Act would repeal the Helms Amendment, which bars U.S. foreign assistance funding for abortion, expanding abortion access globally WASHINGTON -- Rep. Jan Schakowsky (D-IL), a Senior Chief Deputy Whip and Chair of the Congressional Pro-Choice Caucus Providers and Clinics Task Force, today introduced the Abortion is Health Care Everywhere Act. The Abortion is Health Care Everywhere Act is the first-ever legislation to repeal the Helms Amendment, a 47-year-old policy rooted in racism that bans the use of any U.S. foreign assistance funds for abortion, putting an arbitrary line between abortion and all other global health services. Reps. Nita Lowey (D-NY), Barbara Lee (D-CA), Jackie Speier (D-CA), Ayanna Pressley (D-MA), Diana DeGette (D- CO), and Norma Torres (D-CA) signed on as original co-sponsors. Rep. Schakowsky announced the new legislation on a virtual press conference with reporters on Wednesday morning, discussing the Helms Amendment’s harmful history, its burden on global reproductive and economic freedom, and the impact of the COVID-19 pandemic on access to reproductive health care around the world. Joining her on the call were Dr. Ernest Nyamato, a Kenyan doctor and Quality of Care global team lead at Ipas, an international reproductive health and human rights organization, and former director of the Ipas Africa Alliance in Kenya; and Lienna Feleke-Eshete, public policy associate at CHANGE, a U.S. nongovernmental organization that advocates for sexual and reproductive health and rights for women and girls and others who face stigma and discrimination. As the United States grapples with racism and barriers to racial justice, the Helms Amendment is yet another example of a systemic policy that has become commonplace in society. “The Helms Amendment is a policy deeply rooted in racism. It imposes our arbitrary and medically unnecessary abortion restrictions on international communities, allowing the United States to control the health care and bodily autonomy of billions Black and brown people around the world. Just like the Hyde Amendment, the Helms Amendment puts reproductive and economic freedom out of reach for women of color. But enough is enough, and both amendments must fall if we want to realize true health equity and reproductive justice,” said Congresswoman Jan Schakowsky. “I am proud that my sisters, Representatives Lowey, Lee, Speier, Pressley, DeGette, and Torres, are joining me to introduce the Abortion is Health Care Everywhere Act of 2020, which will finally repeal the Helms Amendment.Comprehensive reproductive health care, including safe, legal, and accessible abortion, is a human right.” Dr. Nyamato explained how the Helms Amendment puts reproductive and economic freedom out of reach for millions around the world, including in Kenya and other African nations. He also discussed the impact of the restrictions on Kenyans who may already have limited access to critical health care services, noting the disconnect between the Helms Amendment and the needs of communities receiving U.S. foreign aid. “While U.S. foreign aid has been critical for communities across Kenya, restricting funds for abortion has been harmful to the health and autonomy of people across the country. Because of these restrictions, too often, an unsafe abortion from someone without training becomes the only option,” said Dr. Ernest Nyamato, a Kenyan doctor and Ipas quality of care lead. “As someone who has worked in multiple roles in health and human rights, I see just how critical comprehensive health care, including abortion is, for people, their families, and their communities. Unfortunately, we are already seeing health inequities grow due to COVID-19 and people using the crisis to try to eliminate abortion access. Global support must help prioritize health care, not perpetuate barriers that make it harder for people to get the health care they need.” Health systems worldwide are already overwhelmed due to the COVID-19 pandemic, leading to a reduction in access to sexual and reproductive health care in many countries, despite the fact that abortion care is time sensitive. The Helms Amendment is poised to further exacerbate these disparities and put critical health care out of reach for millions across the globe. “Having lived through other health crises, I know that women and girls often suffer disproportionately. COVID-19 has devastated many of the communities where I work, and now is not the time to further limit people’s options,” said Monica Oguttu, an international women’s rights advocate, Kenyan midwife with decades of experience, founder of Kisumu Medical and Education Trust in Kenya, and an Ipas board member. “My patients can’t afford more red tape right now, and I ask that the U.S. government help, not harm Kenyan people.” Enacted in 1973, the Helms Amendment is housed in the Foreign Assistance Act and has been passed as part of Congressional appropriations bills every year for nearly five decades. The legislation was introduced by then Sen. Jesse Helms (R-NC), who was known for his anti-rights, racist efforts throughout his career. The amendment is related to, but distinct from, the global gag rule (also known as the ‘Mexico City policy’), an executive order that prohibits foreign organizations that receive U.S. global health assistance from using non-U.S. funding to provide abortion services, information, counseling or referrals and from engaging in advocacy to expand abortion access. Both policies are discriminatory and deeply unjust. While this is the first introduction of a repeal bill, a broad coalition of global reproductive health and rights advocacy, research, and service delivery organizations has been working to mitigate and address the harms caused by Helms for years. Coalition members include Advocates for Youth, American Jewish World Service, Catholics for Choice, Center for Reproductive Rights, CHANGE (Center for Health and Gender Equity), Guttmacher, International Center for Research on Women, Ipas, International Women’s Health Coalition, NARAL Pro-Choice America, Open Society Policy Center, PAI, Population Connection Action Fund, Population Institute, and Planned Parenthood Federation of America. Additionally, the Abortion is Health Care Everywhere Act is endorsed by more than 115 organizations and quotes from several groups can be found below for inclusion in media coverage. More information can be found at repealhelms.org. ### Quotes from Coalition Partners and Endorsing Organizations Anu Kumar, president and CEO, Ipas Abortion is essential health care —including during a pandemic. Abortion is a time-sensitive health-care service that cannot be deferred without profound consequences for pregnant people and their families. With worldwide lockdowns, and health systems focused on managing Covid-19, contraception and abortion are becoming harder to access, particularly for individuals who already face poor reproductive health outcomes. The pandemic has laid bare deep inequalities, including in access to safe abortion care, and we must address these inequalities now and in a post-pandemic future. The Helms amendment has politicized abortion services since it was enacted nearly 50 years ago—the policy strips abortion away from basic reproductive health care and it is Black and brown women who bear the burden of this discriminatory and deeply unjust, racist policy abroad. U.S. policies like this are harmful to people all over the world, particularly those living in low-to-middle income countries. The Abortion is Health Care Everywhere Act is a tremendous step in moving us all to the day when everyone, no matter where they live or how much money they make, can get the health care they need, including an abortion if they need one with dignity. We are thrilled to join Rep. Jan Schakowsky and the original cosponsors, Reps. Nita Lowey, Barbara Lee, Jackie Speier, Ayanna Pressley, Diana DeGette and Norma Torres, in pushing to end a U.S. policy that is rooted in racism and colonialism—it’s past time. Serra Sippel, president, CHANGE (the Center for Health and Gender Equity) It is unconscionable that the United States has accepted the Helms Amendment as status quo for more than 45 years. Today is a historic day because U.S. advocates and lawmakers for the first time are standing together to end this racist and neocolonial policy and ensure the U.S. government no longer turns its back on the health and human rights of people across the globe. As countries have lifted their own restrictions on abortion and prioritized the health and rights of women and girls, the Helms Amendment has dragged their progress backwards. The United States must stop dictating to other countries that they deny women, girls, families, and LGBTQIA+ communities access to life-saving health care. Congress must work to pass the Abortion is Health Care Everywhere Act and repeal the Helms amendment now. Nicole Cheetham, international youth health and rights director, Advocates for Youth Around the world, young people in need of abortion services face many challenges to accessing care, including legal barriers, lack of access to affordable services, long travel distances, and stigma. The Helms Amendment and its interpretation exacerbate these challenges by forbidding the use of foreign assistance funds for abortion, even in countries where legal. Such restrictions to services are harmful and put young people at risk because they may not be able to access the services that they need. The Abortion is Health Care Everywhere Act is a crucial step toward ensuring that young people have access to comprehensive reproductive health care services, including the provision of abortion services. Abortion access is fundamental to ensuring young people's autonomy, health, and ability to plan for their future. U.S. foreign assistance should contribute to improving the sexual and reproductive health of young people and reducing maternal mortality and morbidity, not create added barriers that harm their health and well-being. Rori Kramer, director of U.S. advocacy, American Jewish World Service The Helms Amendment has long prevented individuals from getting the health care that they want and need. This legislation makes it clear that abortion is not only health care, but a human right. We are proud to stand alongside Reps. Schakowsky, Lowey, Lee, Speier, Pressley, DeGette, and Torres in the fight to put abortion access within reach for everyone, including the most vulnerable around the world. Sara Hutchinson Ratcliffe, acting president, Catholics for Choice Catholics for Choice is proud to stand with moral leaders like Rep. Jan Schakowsky to right the wrong of the Helms Amendment, an affront to our values as Americans and as Catholics—freedom of speech, freedom of religion and the Catholic call to care the marginalized of society. For more than four decades, the Helms Amendment has endangered the lives of the most vulnerable people in the world— depriving them of both moral autonomy and basic reproductive health care. It is unconscionable for this dangerous and unjust policy to continue. Congress should pass the Abortion is Healthcare Everywhere Act, now! Dr. Herminia Palacio, president and CEO, Guttmacher Institute The U.S. government can and must show global leadership in safeguarding reproductive health and rights. This is true especially with the COVID-19 crisis threatening the health of women and families across the world—including potentially a significant increase in unintended pregnancies and unsafe abortion. U.S. leadership includes repealing the harmful Helms amendment through the Abortion Is Health Care Everywhere Act. The Helms amendment is a deeply unjust and discriminatory policy that in effect prohibits the use of U.S. global health assistance to support for safe abortion services abroad. Like other abortion restrictions, this funding ban most harshly impacts people with the fewest resources, including those who have low incomes, are young, or live in rural areas. The evidence is clear and irrefutable: Abortion is an experience shared by millions of people worldwide, both in countries where abortion is highly restricted and where it is broadly legal. Our urgent call to action for policymakers is that they must recognize the basic human right of all people to decide freely whether and when to be pregnant. Dr. Chimaraoke Izugbara, director of global health, youth and development, International Center for Research on Women (ICRW) International Center for Research on Women applauds the introduction of the Abortion is Health Care Everywhere Act, which calls for the repeal of the Helms Amendment. For over four decades, the Helms Amendment has frustrated access to essential sexual and reproductive health services worldwide. Our research shows that people of all genders who have bodily autonomy are healthier, are more financially secure and are more empowered in their decision-making and participation in social and political life. Particularly for women and girls, these benefits extend to healthier and economically secure families, communities, and societies. Abortion is an essential health care service and should be upheld as such, regardless of political climate, local or global crises, or funding challenges. Access to comprehensive sexual and reproductive health and wellness services is a human right. Ilyse Hogue, president, NARAL Pro-Choice America For over 45 years, the Helms Amendment has blocked access to care for millions of women around the world. Every body should have access to safe, comprehensive reproductive health care, including abortion care. Women and families everywhere deserve to make their own personal decisions about pregnancy without interference from politicians in Washington, DC. The Helms Amendment targets marginalized communities who already face too many obstacles to accessing care and remains a barrier to achieving economic and racial justice, which are inextricably linked to reproductive justice. Medical care should be determined by science—not an ideological agenda. For too long, the Helms Amendment has pushed time-sensitive, essential care out of reach for women across the globe. We must reverse this discriminatory policy and pass the Abortion is Healthcare Everywhere Act which will repeal the Helms Amendment and expand access to care. Elisha Dunn-Georgiou, interim co-CEO, PAI For more than four decades, the Helms Amendment has perpetuated and exacerbated health inequities around the world and compromised the effectiveness of the U.S.’ global health investments. Along with the global gag rule, funding restrictions that impede access to essential health care—including abortion—and prevent individuals from exercising their rights have no place in U.S. foreign policy. The repeal of the Helms Amendment is long overdue and we thank our Congressional leaders for clearing a path toward safe, legal and accessible abortion everywhere. Brian Dixon, senior vice president for media and government relations, Population Connection Action Fund For nearly 50 years, the Helms Amendment has made life harder for hundreds of millions of people around the world. It’s bad health policy. It’s bad foreign policy. It’s a disgraceful relic of a right-wing agenda that is utterly divorced from the reality of the lives of the people it hurts, and it is long past time for its repeal. We’re proud to endorse this important bill and are excited to help it pass into law. Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America Abortion is essential health care—period. Politicians in the United States should not be able to deny anyone’s access to health services, here in the United States, or abroad. The Helms Amendment has always been a coercive policy, pushing the extreme ideology of a vocal minority in the United States on people in many of the lowest income countries in the world—people in need of health care. The policy is a stark example of neocolonialism, taking advantage of the uneven relationship between the United States and the countries that receive aid. Planned Parenthood thanks Rep. Schakowsky and her original cosponsors for being champions for sexual and reproductive health care. And we’re calling on others in Congress to support their efforts to repeal the Helms Amendment. Shilpa Phadke, vice president of the Women’s Initiative at the Center for American Progress We applaud the introduction of the Abortion is Health Care Everywhere Act and its goal to ensure women around the world can better access safe abortion. This bill’s historic introduction marks the beginning of a policy reversal that has been long overdue. For decades, women around the world, particularly in the Global South, have been denied access to the full range of reproductive health care as a result of the Helms Amendment, which has allowed politicians in the United States to place their ideologies about abortion ahead of women’s autonomy. It is high time that we repeal and replace the Helms Amendment and protect women’s ability to make decisions that are best for them and their families. If we want to forge the best solutions for promoting health and well-being and expanding peace and security throughout the world, women must help shape our collective future – and that is only possible if we safeguard women’s autonomy and freedom. Barbara Weinstein, director, Commission on Social Action of Reform Judaism Jewish tradition emphasizes the importance of kavod ha’briyot, or respect for individual dignity. The Helms Amendment violates this core value by limiting abortion access for the most vulnerable and perpetuating inequality in global health care. We are proud to endorse the Abortion is Health Care Everywhere Act, which would remove the Helms Amendment from statute and expand access to comprehensive reproductive health care worldwide. Cristine Sardina, director, Desiree Alliance As sex workers, accessing reproductive health without shame, stigma, or legal consequences, makes it harder to control and manage our health care choices. If we literally have to choose between our healthcare or losing our children because of economic and legal ramifications, we have to understand that the moral and carceral systems in which we are forced to abide by, is problematic at its very best. Kenyora Parham, executive director, End Rape On Campus End Rape On Campus is proud to endorse the Abortion is Health Care Everywhere Act because we believe that access to safe abortion is a fundamental human right for all individuals. Even more specifically, with respect to survivors of sexual violence, research shows that reproductive rights are intrinsically linked to intimate partner violence. We need to repeal this harmful policy that dismisses survivors' autonomy, high mortality rates, and instead uplift and empower survivors--regardless of how they identify across the gender spectrum and promote equality by also upholding their human right to comprehensive sexual and reproductive health care access. Grant Shubin, legal director, Global Justice Center While less known than the Global Gag Rule, the Helms Amendment is the core of U.S. abortion restrictions abroad. It has been at the center of the United States’ denial of essential medical care for over 40 years. Its repeal is long overdue. Thanks to Helms and other U.S. abortion restrictions, the United States is in constant violation of international human rights laws protecting non-discriminatory medical care and freedom of speech and association. Helms must be abolished before it is allowed to inflict any more harm around the world. Beverly Winikoff, president, Gynuity Health Projects Access to essential medical care also means access to safe abortion. Repeal of the oppressive Helms Amendment is long overdue. Paul Golin, executive director, Jews for a Secular Democracy Judaism has never considered human life to begin at conception, and neither does science; anti-abortion laws inherently privilege one interpretation of one religion over all other religions and none, and that is by definition a breach of the American values enshrined in the First Amendment of the U.S. Constitution. Tara Romano, executive director, NARAL Pro-Choice North Carolina The Helms Amendment is nothing but an attempt by anti-abortion U.S politicians to cynically gain votes at the expense of the health and lives of women, especially women of color and Indigenous women, around the world. Organizations and advocates on the ground know what is needed for everyone in their communities to thrive, and receiving critical U.S aid should not be conditioned on accepting an anti-abortion ideology that is rooted in imperialist politics rather than medical science, health care, and gender equity. Sen. Jesse Helms' policies and positions often made it clear that he had no interest in supporting Black and Brown communities, women, and the LGBTQ community in North Carolina, and this global amendment that bears his name is an extension of that disregard. It needs to be repealed now. Jody Rabhan, chief policy officer, National Council of Jewish Women At the National Council of Jewish Women (NCJW), we know that abortion is safe, essential, time- sensitive health care and that health care is a basic human right. Our Jewish values teach us that every single person's health is unassailable and that all deserve fair treatment and access to the resources necessary to make their own decisions about abortion without political interference or economic coercion. The Helms Amendment has long turned this principle on its head, denying care to millions of individuals around the world and hindering the exercise of their fundamental reproductive rights by blocking use of US foreign assistance funds for abortion services. NCJW is proud to endorse the Abortion is Health Care Everywhere Act to repeal this dangerous policy and to support access to high-quality, comprehensive reproductive health care services worldwide. Toni Van Pelt, president, NOW NOW is proud to support the Abortion is Health Care Everywhere Act, which prioritizes the repeal of the Helms Amendment, an oppressive piece of legislation that denies women access to reproductive freedom. While it only bans the use of U.S. aid for abortion care as a method of family planning, every American president since its passing in 1973 has interpreted the ban to also prohibit aid for abortions in the case of rape, incest, and to save a woman’s life. Abortion care is health care and reproductive freedom should be available to ALL women – the United States must play its part in increasing access for women around the world. Ben Jealous, president, People For the American Way The United States provides health care aid in parts of the world where international assistance is critically needed. It is essential that this aid go to supporting the full spectrum of safe reproductive health care, including abortion care. For too long, the Helms Amendment has not only hampered our ability to support safe care, it has done harm by allowing unsafe practices to flourish. We fully support the Abortion Is Healthcare Everywhere Act because it appropriately puts gender equity, medical science, and human rights at the forefront of our foreign assistance priorities. Dr. Kristyn Brandi, board chair, Physicians for Reproductive Health As an ob/gyn who provides abortion care, I see every day how critical it is that people have access to safe, accessible abortion care where they live. While we continue to fight for equitable access to abortion care in the United States, Congress must pass the Abortion is Health Care Everywhere Act to extend the reality of access to safe comprehensive maternal and reproductive health care, including abortion care, around the world. Renee Bracey Sherman, executive director, We Testify, an organization dedicated to the leadership and representation of people who have abortions The Helms Amendment is an outdated, xenophobic and racist policy that forces people of other nations to abide by horrific American anti-abortion beliefs. The Helms Amendment is unjust and colonialist at its core. The We Testify abortion storytellers will not stay silent as our loved ones in other countries are barred from the freedoms we're afforded in the constitution. We've had abortions and we know the powerful impact safe access has had on our lives. It's time for the United States to end its imperialist reign on the world and repeal the Helms Amendment to ensure everyone has access to abortion care, no matter where they live. Elicia Gonzales, executive director, Women’s Medical Fund We at Women’s Medical Fund believe abortion must be accessible for anyone, for any reason, by any method, at any stage of pregnancy. We support all efforts that expand abortion access.

FOR IMMEDIATE RELEASE—September 2, 2015 [WASHINGTON D.C.] On September 1, 2015, in its response to challenges to US abortion restrictions on foreign assistance, the Obama Administration signaled support for addressing the medical needs of girls and women raped and impregnated in armed conflict. This support can be found in the US’s positive response to France’s recommendation at the Universal Periodic Review (UPR) of the US by the UN Human Rights Council (HRC) in May 2015 that the US: “[e]nsure that the US international aid allows access to sexual and reproductive health services for women victims of sexual violence in conflict situations.” The US, noting that it supports France’s recommendation in part, stated “[w]e support this recommendation’s principle: addressing the needs of women who have been victims of sexual violence in conflict situations.” In the introduction to the UPR reply, the US defined its use of the word “support”: “[w]e support or support in part these recommendations when we share their ideals, are making serious efforts to achieve their goals, and intend to continue doing so.” This response signals a significant shift from the US response to a similar recommendation made by Norway at the 2010 UPR of the US asking for “[t]he removal of blanket abortion restrictions on humanitarian aid covering medical care given women and girls who are raped and impregnated in situations of armed conflict.” The US’s response was that it did not support Norway’s recommendation “due to currently applicable restrictions.”  France’s recommendations, as well as those from four other countries that challenged American abortion restrictions on foreign assistance at the UPR, reflect the growing global concern about the denial of abortion services to girls and women raped in war as a result these restrictions. Furthermore, France, the UK and the Netherlands have made clear foreign policy statements that the denial of abortions to female war victims violates international humanitarian law (IHL) since, as persons “wounded and sick in armed conflict,” female war rape victims are entitled to be provided all necessary medical care, including abortions, under common Article 3 of the Geneva Conventions. Meanwhile, the rights of female victims of rape in armed conflict to non-discriminatory medical care under IHL was the catalyst for language in Security Council resolutions 2106 and 2122 in 2013, calling for humanitarian aid and funding to include the full range of sexual and reproductive health services, including regarding pregnancies resulting from rape, without discrimination. The US voted in favor of those resolutions. The Secretary-General has made clear that such services must include access to abortion in accord with international humanitarian law. The US must now turn its support in “principle” of the needs of women raped in war into action to save the lives of these female war victims. Accordingly, President Obama should issue an executive order clarifying that abortion restrictions on foreign assistance do not apply in cases of rape, life endangerment and incest, and affirming US support for the rights of girls and women raped in armed conflict to medical care governed by common Article 3 of the Geneva Conventions, including abortions, irrespective of any local abortion laws. Grassroots support for executive action to lift the abortion restrictions continues to grow. In July 2015, 56 organizations from 22 countries wrote an open letter to President Obama urging him to issue such an executive order. The letter was signed by international human rights organizations including the GJC, Human Rights Watch, the ACLU, Amnesty International, as well as organizations from conflict countries directly affected by the U.S. abortion ban, including from Nigeria, Iraq and Syria, the DRC and South Sudan such as the West African Bar Association, the South Sudan Lawyers Association, the Nigerian Medical Women’s Association. Daily headlines report the rampant use of rape and forced pregnancy as a tactic of war by groups such as ISIS and Boko Haram, in places such as Syria, Iraq and Nigeria. US abortion restrictions only serve to exacerbate the suffering of those women and girls who survive the brutality of war rape. President Obama has the ability and the duty to issue an executive order ensuring that US foreign assistance includes safe abortion services in cases of rape, life endangerment or incest, and in doing so, affirm the rights of female war rape victims to safe abortion under the Geneva Conventions.   Background: The GJC in 2011 launched their global campaign to ensure that female victims of rape in armed conflict—servicewomen and civilians alike—have access to abortion services as part of their right to comprehensive and non-discriminatory medical care under common Article 3 of the Geneva Conventions, irrespective of any national abortion laws and restrictions. GJC filed the first challenge to the US abortion restrictions as violating the Geneva Conventions rights of female war victims in their shadow report to the HRC in 2010 for the first UPR of the US. GJC also filed shadow reports with the Committee against Torture and HRC in 2014. During the May 2015 UPR of the US before the UN Human Rights Council, five countries, the United Kingdom, the Netherlands, France, Norway and Belgium urged the US to ensure that girls and women can access the full range of sexual and reproductive services, including access to safe abortion. The US supported the recommendation made by France in part but did not support the rest of the recommendations, some of them limiting the provision of abortion services to local law or not referencing conflict situations. The Geneva Conventions only apply to situations of armed conflict. The US has voted in favor for and supported UN Security Council Resolutions 2106 (2013) and 2122 (2013) both urging for humanitarian aid and funding to include the full range of sexual and reproductive health services, including regarding pregnancies resulting from rape, without discrimination. Reports by the Secretary-General have repeatedly called on Member States to provide abortion services for female rape victims in accordance with international humanitarian law. 3 The Geneva Conventions have been US federal law supported by every presidential administration since 1957 and were affirmed by the US Supreme Court in 2006 as governing the lawfulness of other US laws related to armed conflict (Hamdan v. Rumsfeld). Furthermore, the Obama Administration has made its commitment to upholding the laws of war clear including though the Department of Defense’s 2015 Law of War Manual, as well as President Obama’s 2009 Executive Order 13491 (Ensuring Lawful Interrogations): “to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed, ”and Executive Order 13492 (Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities): “to ensure compliance with all applicable laws governing the conditions of such confinement, including common Article 3 of the Geneva Conventions.” Download PDF

FOR IMMEDIATE RELEASE - December 18, 2015 [NEW YORK, NY] – The EU just approved its 2016 budget containing the first ever anti-Helms Amendment. The US Helms amendment imposes abortion restrictions on all US foreign aid, which the Obama Administration implements as a total ban on abortion including medical services for girls and women raped in war. Janet Benshoof, President of the Global Justice Center states, “This budget language shows the EU is serious about ensuring that the humanitarian entities they fund follow the Geneva Conventions, not the US abortion ban.” The EU in September 2015, following the UK, acknowledged that female war rape victims’ rights to medical care under the Geneva Conventions include abortion, irrespective of any restrictive abortion laws in war zones. Following this, the newly approved budget requires that EU humanitarian aid be provided “in accordance with international humanitarian law,” and without “discrimination or adverse distinction.” And, in a reference to the US Helms amendment, the budget mandates EU funds “not be subject to restrictions imposed by other partner donors.” “Sexual violence is a devastating weapon in the war-torn areas, these women and girls are war wounded and should be treated equally,” said Sophie in 't Veld (Member of European Parliament The Netherlands, ALDE/ D66), during a speech on this budget language. “The EU is taking steps to ensure that EU humanitarian aid funds are not tainted by other donor countries—to force a girl enslaved by ISIS, kidnapped by Boko Haram or raped in the DRC to bear a child of her rapist, who may be, as a result, expelled from the community and condemned to poverty, is inhumane treatment.” According to Benshoof, the EU policies require changes in the practices of nearly all the major humanitarian entities currently providing medical care for war victims including UN agencies. The European Parliament was even more explicit in its December 15, 2015 Report for the upcoming World Humanitarian Summit, urging “that women and girls have access to the full range of sexual and reproductive health services, including safe abortions, in humanitarian crises, rather than perpetuating what amounts to inhumane treatment, as required by international humanitarian law and as foreseen in the Geneva Conventions and their Additional Protocols.” “With the endemic use of rape as a weapon of war in conflicts across the globe, this dramatic policy shift demonstrates a sea change toward ensuring that all girls and women raped in war are provided comprehensive medical care,” says Benshoof. The budget language on humanitarian aid can be found here on page 144. For more information contact: Stephanie Olszewski (New York), solszewski@globaljusticecenter.net +1.212.725.6530 ext. 211 Download PDF

FOR IMMEDIATE RELEASE - July 7, 2015 [NEW YORK, NY]– Pressure is mounting on the White House to lift the abortion ban on US foreign aid for girls and women raped in armed conflicts. An international coalition of human rights, legal, medical and religious groups have signed a letter to President Obama urging him to issue an executive order lifting the ban and affirming the rights of female war rape victims to comprehensive medical care, including abortion, under the Geneva Conventions. Organizations signing include the American Civil Liberties Union, Human Rights Watch, the Global Justice Center, Amnesty International, the World Organization Against Torture, and the Religious Coalition for Reproductive Choice, as well as groups from conflict countries where the US abortion ban has the greatest impact including the West African Bar Association, the Nigerian Women’s Medical Association, the Iraq Women’s Network, the Syrian Women’s League, the South Sudan Women Lawyers Association and SOFEPADI, an organization based in the Democratic Republic of Congo. SOFEPADI president Julienne Lusenge states, "The United States should ensure that aid provides rape victims with access to safe abortions in cases of an unwanted pregnancy. A majority of rape victims in conflict are children under 18 – they should not be forced to carry out an unwanted pregnancy which causes further trauma and stigmatizes them." Global Justice Center president Janet Benshoof agrees, adding that the US violates international law by hindering abortion access for war rape victims. “President Obama must stop turning a blind eye to how US policy endangers the lives of girls and women raped in war every day, and is a continuing violation of the Geneva Conventions," she states. "Common Article 3 of the Geneva Conventions guarantees comprehensive and non-discriminatory medical care to all persons “wounded and sick” in armed conflict, in all circumstances, including survivors of sexual violence.” Worldwide, support for abortion access for girls and women raped in war continues to grow. On July 1, the UN High Commissioner for Human Rights, Zeid Ra'ad al-Hussein, called on the Nigerian government to ensure access to abortion for impregnated war rape victims, including those rescued from Boko Haram. In May, several countries challenged the US abortion ban, at the universal periodic review of the US’ human rights record before the UN Human Rights Council. Five countries made formal recommendations to the US to lift the abortion ban. The Obama Administration has until September to respond to the recommendations. Meanwhile, the White House has remained silent. Ms. Benshoof asks, “As he looks to cement his presidential legacy, what will it take for President Obama to prioritize upholding the rights of girls and women raped in war?” For more information contact: Sarah Vaughan, svaughan@globaljusticecenter.net, 212.725.6530 ext. 204. Stephanie Johanssen, sjohanssen@globaljusticecenter.net, 212.725.6530 ext. 209 Download PDF Read Article

FOR IMMEDIATE RELEASE – June 11, 2015 [NEW YORK, NY] - In a resolution adopted this week, the European Parliament called for access to abortion for women and girls victims of war rape. As pressure mounts on the White House to move on the Helms Amendment, the European Parliament joined voices targeting US abortion restrictions by adopting an equalities report titled “The EU Strategy for Equality between Women and Men Post 2015”. The report is the Parliament’s input for a gender equality strategy for 2016-2020. In Resolution 72, EU parliamentarians underlined that humanitarian aid from Europe “should not be subject to restrictions imposed by other partner donors regarding necessary medical treatment, including access to safe abortion”. This language is in reference to the the Helms Amendment, a decades old US policy that restricts any US funds from being given to any organization that offers abortion services, that is still in place today. “This just further demonstrates how out of touch the US is with our allies.” says Janet Benshoof, president of the Global Justice Center. This is the fifth resolution the European Parliament adopted on the matter in three years and the second time in 2015 that European allies have called on the US to address Helms. During the review of the US’s human rights record in May, five countries challenged the US to justify its continued implementation of the abortion restrictions. The report also called on the international community to do more to prevent rape used as a weapon of war, increase protection of victims and ensure access to medical and psychological support for woman and girls abused in armed conflicts. “As terrorists increasingly use sexual violence as a tactic of war and as pressure mounts at home and abroad, the Obama administration’s failure to act on these issues is becoming increasingly glaring,” says Benshoof. “Obama must choose now if his legacy will include turning a blind eye to the plight of women and girls raped in war.” For more information contact: Akila Radhakrishnan, Legal Director, akila@globaljusticecenter.net, 212.725.6530, ext. 203 or Sarah Vaughan, Director of Development and Communications, svaughan@globaljusticecenter.net, 212.725.6530 ext. 204. Download PDF

FOR IMMEDIATE RELEASE - May 5, 2015 [NEW YORK, NY] - The rescue of 234 women and girls from Boko Haram captivity on May 4, 214 of whom the United Nations Population Fund (UNFPA) reported to be pregnant, exposes the indignity of the U.S. foreign aid abortion ban, which severely limits the ability of sexual violence survivors to obtain the medical care they need. “The international community must demand that these survivors of sexual violence receive fully comprehensive medical care, including access to safe abortions,” said Janet Benshoof, founder and president of the Global Justice Center, which is urging President Obama to issue an executive order to lift the abortion restrictions. “The Geneva Conventions guarantee these women and girls access to non-discriminatory medical care. Forcing these survivors to bear the children of their captors is simply inhumane.” The U.S. abortion restrictions, outlined in the Helms Amendment, apply to all U.S. aid grantees, including the University of Maiduguri Teaching Hospital and the UN Population Fund (UNFPA) which are treating the rescued Nigerian women. Ms. Benshoof states that this U.S. policy ties the hands of both organizations to provide survivors of rape, captivity, and abuse the full scope of medical care. “President Obama can and must take action to save these girls and others like them,” said Benshoof. “The U.S. must lead the world in rehabilitating survivors of sexual violence, not prolong their suffering.” Download PDF

FOR IMMEDIATE RELEASE - May 11, 2015 [GENEVA, CH] - Today, during the 2nd Universal Periodic Review (UPR) of the United States, several UN Human Rights Council (UNHRC) Member States directly challenged the abortion restrictions that the U.S. imposes on its foreign aid. “The list of countries calling on the United States to lift its abortion ban on foreign aid is growing,” said Global Justice Center (GJC) President Janet Benshoof. “The U.S. can no longer ignore or deflect its duty to change a decades-long policy that denies women and girls raped in war their rights under the Geneva Conventions.” The UN Human Rights Council monitors the human rights records of the 192 UN member states. Every four years, member states are required to sit for a Universal Periodic Review, during which each country receives recommendations on how to comply with their human rights obligations. In a September 2014 submission to the UNHRC GJC asserted that U.S. abortion restrictions on humanitarian aid are incompatible with U.S. obligations under the Geneva Conventions, the Convention against Torture and the International Covenant on Civil and Political Rights. These restrictions, including the Helms Amendment, ban the use of any U.S. foreign aid funds by grantees to perform or even discuss abortion services. This includes humanitarian aid to war zones and results in the denial of abortion services to women and girls raped in armed conflict in violation of their rights. The need for such services is demonstrated daily in conflict zones, as was seen last week when it was discovered that one-third of those rescued from the clutches of Boko Haram – 214 women and children – were pregnant, according to a report from the United Nations Population Fund. The importance of access to safe abortion services as a matter of right for girls and women raped in war has been increasingly recognized, including by the UN Security Council, the UN Secretary-General and other countries. International concern over the role of the U.S. in the denial of essential medical care to girls and women raped in war has resulted in countries including the Netherlands, United Kingdom, Belgium, Norway and France recommending during today's UPR that the United States government take steps to limit the impact of these restrictions and ensure access to safe abortions for rape victims in conflict zones. In addition to these oral recommendations during the review, Norway, the UK, Netherlands and Switzerland all submitted written questions in advance, asking the US to examine its abortion-related restrictions on foreign aid, if the US was considering removing these restriction and if not, for what justification. It is now up to the Obama Administration to act. The Administration has three months to formally respond to these recommendations. “President Obama has not only the ability, but also the duty, to act to rectify these violations of U.S. obligations under international law,” said Benshoof. For more information contact: Akila Radhakrishnan, Legal Director, akila@globaljusticecenter.net, 212.725.6530, ext. 203 or Sarah Vaughan, Director of External Relations, svaughan@globaljusticecenter.net, 212.725.6530 ext. 204. Download PDF