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Amicus Brief — United States v. Idaho (October 2024)

Abortion
Human Rights Treaties
Reproductive Rights
United States
US Abortion Laws
Idaho’s “Defense of Life Act” (“Act” or “Idaho’s Law”), a near-total abortion ban, restricts access to necessary emergency reproductive healthcare, exacerbating preventable maternal mortality and morbidity and otherwise negatively impacting pregnant people. The law’s narrow exception for life-saving care will not prevent or mitigate these harms and will leave patients without access to emergency reproductive healthcare. The United States has ratified several human rights treaties that require it to guarantee access to safe and legal reproductive health services, in particular in emergencies or acute medical crises governed by the Emergency Medical Treatment and Active Labor Act (“EMTALA”). Under these treaties, the U.S. is required to respect, protect and fulfil the rights to life; freedom from torture and cruel, inhuman and degrading treatment; non-discrimination; and privacy. Idaho’s draconian abortion law fails to respect these rights and violates the U.S.’s treaty obligations. This violation of the U.S.’s treaty obligations militates in favor of affirming the preliminary injunction issued by the District Court. Causing the U.S. to violate its international obligations will result in irreparable harm and is not in the public interest.
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Documenting Reproductive Violence: Unveiling Opportunities, Challenges, and Legal Pathways for UN Investigative Mechanisms

Sexual Violence
UN Investigations
United Nations
Download paper Reproductive violence is a distinct form of sexual and gender-based violence (SGBV) targeting reproductive autonomy, a right protected under international law. The impacts of reproductive violence can be as profound, damaging, and long-lasting as those accompanying other forms of violence and can compound the pain of other forms of SGBV. Yet recognition of reproductive violence as a distinct harm has been overlooked historically, including in international investigations of atrocities, conflict, humanitarian crises, or other instability. International investigations often play a key role in guiding international responses to crises, and the omission of reproductive violence can thus have significant ripple effects: victims may go un- or under-recognized; vital reproductive services may be absent from humanitarian responses; prevention efforts may fail to address the risks and inflammatory impacts of this violence; and justice, accountability, and reparations efforts may omit reproductive harms from consideration. This paper analyses the documentation of reproductive violence to date by UN-mandated fact-finding and other investigative mechanisms. To enhance documentation going forward, the paper also provides guidance on the international law governing reproductive harms. The guidance explains how international criminal, humanitarian, and human rights laws prohibit reproductive violence—including forced pregnancy, enforced sterilization, forced abortion, forced contraceptive use, restricting access to reproductive care, destroying essential reproductive healthcare infrastructure, and other forms of reproductive violence. Powered By EmbedPress
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Open Letter to Human Rights Council on Afghanistan

Human Rights Council
Middle East
Sexual Violence
United Nations
Download letter Dear Excellencies, We, the undersigned Afghanistan and international human rights and civil society organisations, write to you once again to share our concerns regarding the grave human rights and humanitarian crisis in Afghanistan and to reiterate the urgent need for accountability for gross, widespread and systematic human rights violations and abuses that continue to be committed across Afghanistan, including crimes under international law, some of which may amount to crimes against humanity. We call on the UN Human Rights Council, at its upcoming 57th regular session to: renew and strengthen with the necessary resources, the mandate of the Special Rapporteur on the situation of human rights in Afghanistan; establish a parallel and complementary independent mechanism to investigate, collect, consolidate, preserve and analyse evidence of human rights violations and abuses and crimes under international law; and ensure continuation of a dedicated space for enhanced interactive dialogue on the situation of women and girls in Afghanistan with meaningful follow-up to the report of the Special Rapporteur on Taliban’s repression against women and girls. We further urge you to seriously consider the calls for the recognition and codification of gender apartheid as a crime under international law. This letter, just as in our previous letter shared ahead of the 54th session of the Council in September 2023, is an outcome of consultations with Afghanistan’s civil society and human rights defenders located inside and outside of the country and enjoys broad support from Afghanistan’s civil society. In the past three years, the Taliban have completely reversed measures previously adopted to enhance the promotion and protection of human rights in Afghanistan. The Taliban, as the de facto authority, have spurned Afghanistan’s international obligations and have continued to introduce arbitrary, unlawful and wide-ranging restrictions on human rights. With bans on secondary and higher education, employment, freedom of movement, women’s faces and voices in public, and other rights and fundamental freedoms, as well as access to essential services, women and girls are being erased from society According to the report of the Special Rapporteur on Afghanistan, in the months between June 2023 and March 2024 alone, the de facto authorities issued over 52 new edicts that impose further restrictions the rights of women and girls, effectively consolidating an institutionalised system of gender persecution, which is a crime against humanity under the Rome Statute of the International Criminal Court. According to the Special Rapporteur’s report and the Working Group on discrimination against women and girls, the situation of human rights in Afghanistan with respect to women and girls is tantamount to “an institutionalized framework of gender apartheid”. The UN Assistance Mission in Afghanistan (UNAMA) has documented 1033 instances of use of  force by the Ministry for the Propagation of Virtue and the Prevention of Vice (MPVPV) , with a view to implementing arbitrary and unlawful restrictions on the human rights of women and girls. Moreover, women and girls belonging to minority communities and LGBTQI+ people continue to experience multiple layers of discrimination. Marginalisation and exclusion of religious and ethnic minorities in Afghanistan has been compounded under the Taliban. Religious communities, including Shias, Ismailis, Sikhs and Hindus, are banned from organising or participating in their religious and cultural ceremonies. Amid the deepening humanitarian and economic crises, the Taliban’s restrictions on women’s right to work have obstructed the monitoring of aid deliveries, notably to women-headed households and groups in vulnerable situations. Additionally, threats against minorities, in particular ethnic minorities like Hazaras, are further exacerbated by targeted attacks by armed groups, such as Islamic State of Khurasan Province (ISKP) operating in the country. LGBTQI+ people face compounded exclusion as well, and face unlawful detention, extortion, torture and killing. All forms of dissent and criticism of the Taliban result in harsh, arbitrary punishment and violent reprisals. Peaceful protestors, in particular women who protest the Taliban’s policies, human rights defenders, civil society activists, journalists, artists, musicians, judges, lawyers, educators, critics, and others continue to be targeted. They have been threatened, arrested, and subjected to arbitrary detention and as well as torture and other ill-treatment. Former government and security officials have been subjected to extrajudicial, arbitrary, and summary killings as well as mass executions and enforced disappearances. The Taliban have also carried out cruel and inhumane punishments including public executions, flogging and other forms of corporal punishment. Afghanistan’s formerly independent legal and judicial systems have been replaced by a system that is based on the Taliban’s own arbitrary interpretation of religious edicts and rulings, and no longer function in a way that could protect the rights of the people of Afghanistan. As a joint statement by over 28 UN Special Procedure mandates on 14 August 2024 makes clear “avenues for justice within Taliban-controlled Afghanistan [are] virtually non-existent.” This situation is worsened by the fact that the Taliban have prohibited the Special Rapporteur on Afghanistan from accessing the country. The vast majority of crimes under international law and other serious human rights violations from the past, including summary killings and executions, tens of thousands of enforced disappearances, arbitrary detentions, torture and other ill-treatment by the former government, international forces, and armed groups who held power in parts of the country, remain unpunished. All of these violations have been committed with complete impunity, fuelling further cycles of violations and abuses. In this context, establishing a robust independent international investigative and accountability mechanism, with a mandate commensurate with the gravity and scale of the systematic and widespread violations and abuses of human rights, is necessary to advance justice and accountability in Afghanistan. The mechanism should have a mandate and sufficient financial and technical resources to adequately investigate, collect, consolidate, preserve and analyse evidence, with a view to facilitating future criminal proceedings in national and international courts. Such a mechanism should be designed to advance accountability for past and ongoing violations and abuses of human rights and crimes under international law, including those faced by women and girls and LGBTQI+ people across Afghanistan. Therefore, we call upon Member and Observer States of the U.N. Human Rights Council, in addition to renewing the crucial mandate of the Special Rapporteur on the situation of human rights in Afghanistan, to establish an independent international mechanism for Afghanistan with a mandate to: Investigate all allegations of past and ongoing violations and abuses of international human rights law and international humanitarian law, and international crimes, including the crimes against humanity of gender persecution; Collect, consolidate, and analyse evidence, and prepare files on past and ongoing violations and abuses of international human rights law and international humanitarian law, including crimes under international law, with due consideration of the gender, child and minority dimensions surrounding such violations and abuses; and systematically record and preserve all information, documentation and evidence, including specific crimes against women and girls, in a manner consistent with international law standards and in view of future legal proceedings and accountability efforts; Identify, where possible, the individuals and entities responsible with a view to ensuring they are held accountable; Be provided with sufficient financial and technical resources. The mechanism should be staffed with independent international experts, including those with expertise on: international human rights law, international humanitarian law and international criminal law; experts in armed conflict dynamics, with specific knowledge of command structures of armed forces and armed groups; sexual and other gender-based violence; children’s rights; the rights of people with disabilities; video and image verification; and forensic analysis; Cooperate with existing international judicial mechanisms, such as the International Criminal Court (ICC), that have a mandate over the situation in Afghanistan, as well as national courts; and, Make recommendations to UN entities and bodies, such as the UN Security Council and UN General Assembly, and to UN member states with a view to ending impunity and ensuring accountability, including on access to justice for victims. Such a mechanism would complement the mandate of the Special Rapporteur and complement and support the ongoing investigation by the ICC’s Office of the Prosecutor into the situation in Afghanistan. We believe that the establishment of an independent international accountability mechanism for Afghanistan would: Strengthen pathways to victim- and survivor-centred justice and accountability in Afghanistan; Ensure that serious human rights violations and abuses across the country, including sexual and gender-based crimes, are investigated; and Contribute to preventing the recurrence of human rights violations and abuses, and ending the vicious cycles of violence in the country. We, therefore, urge Member and Observer States of the Council to stand in solidarity with the people of Afghanistan, and ensure all victims, survivors, and their families have credible and realistic prospects of justice and accountability.
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2023 Annual Report

2023 was a landmark year for GJC. The organization produced path-breaking work on access to abortion in the United States in the wake of Dobbs v. Jackson Women’s Health Organization and championed a global treaty on crimes against humanity that can fully capture harms on the basis of gender.
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Statement: US House Hearing on Liberia War Crimes Court

Africa
International Criminal Law
United States
War Crimes
Download full statement House Foreign Affairs Committee Tom Lantos Human Rights Commission Hearing on Liberia: Next Steps Towards Accountability for War & Economic Crimes June 13, 2024 – 10:30 a.m.  2360 Rayburn House Office Building STATEMENT Submitted by The Advocates for Human RightsCenter for Justice and AccountabilityCivil Society Human Rights Advocacy Platform of Liberia (CSO Platform)CIVITAS MAXIMACoalition for the Establishment of a War and Economic Crimes Court in LiberiaGlobal Justice and Research ProjectGlobal Justice CenterHuman Rights WatchSecretariat for the Establishment of War Crimes Court in Liberia Delivered by Liz EvensonInternational Justice DirectorHuman Rights Watch Many thanks for the opportunity to brief the commission. I am Liz Evenson, and I direct the International Justice Program at Human Rights Watch. Human Rights Watch investigates and reports on abuses in some 100 countries around the world. We direct our advocacy towards governments, armed groups and businesses, pushing them to change or enforce their laws, policies and practices. And we work globally to champion meaningful and fair justice for victims and survivors of atrocity crimes, before national and international courts. My statement today is presented on behalf of Human Rights Watch, together with The Advocates for Human Rights; Center for Justice and Accountability; Civil Society Human Rights Advocacy Platform of Liberia (CSO Platform); CIVITAS MAXIMA; Coalition for the Establishment of a War and Economic Crimes Court in Liberia; Global Justice and Research Project; Global Justice Center; and the Secretariat for the Establishment of War Crimes Court in Liberia. This group represents American, Liberian, and international organizations all working together to bring justice to Liberian citizens. Together our groups have been advocating for the establishment of a Liberian-led war crimes court in Liberia to address the legacy of impunity for the widespread and systematic violations of international human rights and humanitarian law[1] that characterized the country’s two brutal armed conflicts, which took place between 1989 and 2003. Liberian men, women, and children were gunned down in their homes, marketplaces, and places of worship. In a few cases hundreds of civilians[2] were massacred in a matter of hours. Girls and women were subjected to horrific sexual violence[3] including gang-rape, sexual slavery, and torture. Children were abducted from their homes and schools and pressed into service, often after witnessing the murder of their parents. The violence blighted the lives of tens of thousands of civilians and displaced almost half the population. While there have been a number of important criminal and civil cases outside of Liberia—and these cases have contributed to momentum within the country for justice[4]—to date not a single person has faced criminal investigation or prosecution in Liberia for serious crimes committed during the civil wars.In its 2009 final report, the Liberian Truth and Reconciliation Commission recommended the creation of an extraordinary criminal court[5] which would be a hybrid court composed of Liberian and international judges, prosecutors and other staff with a mandate to try those allegedly responsible for committing serious crimes. A legislative conference to talk about accountability was organized in Monrovia in 2019 with the legislature of Liberia, a Liberian coalition of NGOs, and international partners.[6] There is now renewed momentum after nearly two decades for the establishment of a court. Most recently, in March and April of 2024, the Liberian Senate and House of Representatives passed a resolution supporting the creation of a war and economic crimes court. On May 2, 2024, President Joseph Boakai signed an executive order[7] establishing an Office of the War and Economic Crimes Court for Liberia. The US government has played a critical role in advancing progress. US Ambassador-at-Large for Global Criminal Justice Beth Van Schaack has repeatedly voiced the US government’s partnership with Liberia in its journey to justice. Her commitments on behalf of the US government to support this process have been widely welcomed within Liberia. Members of Congress have also expressed their support for this court and justice for the Liberian people.[8] These developments are promising, and yet there is much work ahead that will need the support of the United States and others in the international community. Making Liberian-led justice a reality in Liberia requires sustained attention from justice champions in and outside of Liberia. What is needed now is for President Boakai’s administration to translate its stated commitment to a war crimes court into concrete steps for the court’s creation. We have made the following recommendations to the government of Liberia: Establish the Office proposed by President Boakai to be responsible for developing and implementing a concrete plan to establish a war and economic crimes court to hold perpetrators of grave crimes committed during Liberia’s armed conflicts to account, consistent with international standards and practice and ensure this plan is consistent with a victim-centered approach, including consultation with affected communities on the design of the court; Establish an independent committee comprised of government officials, a member of the Independent National Commission of Human Rights, international legal experts, and Liberian and international civil society actors from various sectors that is mandated to advise the government on the court’s creation. The committee should help establish a roadmap on the way forward for ensuring justice for war crimes and for strengthening the rule of law; Request assistance from the United Nations, African Union, Economic Community of West African States, and other international and regional partners as needed; Ensure a war crimes court for Liberia includes key elements in order to achieve trials that would be fair, meaningful, and credible:Composition of judicial benches that will have sufficient independence and expertise by including a majority of international judges on each trial and appeals bench;No bars on prosecution of individuals on the basis of their cooperation with the Truth and Reconciliation Commission;Inclusion of crimes and modes of liability in line with international standards;Fair trial protections;Witness protection and support;Involvement of victims of abuses in proceedings; and Outreach and communications that inform the victims and public. Work with the legislature to ensure the war crimes court established to hold perpetrators of grave crimes committed during Liberia’s armed conflicts to account is consistent with international standards and practice; Request from international partners adequate support and funding, for programs designed to improve Liberia’s judiciary and criminal justice system, to ensure an effective war crimes court and victims’ access to justice and the right of the accused to a fair trial; Continue to support efforts by third countries to bring universal jurisdiction cases for civil war-era crimes, including by continuing to fully cooperate with foreign authorities who request authorization to come to Liberia to investigate international crimes; Develop and implement a comprehensive reparations scheme for all victims of gross human rights violations and war crimes; Ensure protection for human rights defenders inside Liberia against attacks and intimidation, and bring to justice those who intimidate or attack human rights defenders. The process and the work of the court itself must be Liberian-led. This means primarily that Liberians who were impacted by the civil wars and have long advocated for accountability have a leading voice in determining the court’s trajectory. Liberian experts should also fill key positions in the judiciary, prosecution, defense, and registry. Liberian ownership of the court is crucial to build and maintain local support for accountability processes. Ensuring the court benefits from Liberian experts will also ensure that investing in the court strengthens the domestic justice system, leading to long-term benefits across Liberian institutions. The first step towards ensuring that the court is Liberian-led is making sure that Liberians and regional experts play critical roles in the creation of the court. Liberian civil society has been advocating for accountability in Liberia at great personal risk. Powerful actors opposed to accountability for wartime atrocities and former warlords hold positions of power in Liberia, and international actors have also at times worked to undermine their efforts. As a result, members of civil society have received threats to their security and their work over the years. These threats continue to this day. It is imperative that international partners, including the United States government, continue to support Liberian civil society organizations and the crucial work they are doing to see accountability in Liberia for civil war-era atrocities. High-level messages from Liberia’s international and regional partners in support of a court are also needed to maintain positive momentum. Liberia should request international and regional support to help it to determine the best legal and structural modalities for the court’s creation in a manner that will enable fair, credible functioning and partners should pledge international support and expertise based on accumulated experience. We recommend that the US Congress: Make clear its support to a Liberian-led process to achieve justice in the country through the creation of a credible war crimes court, and support to Liberian civil society organizations engaged in this effort; Provide the requested support to the Liberian government and civil society organizations working on behalf of justice, including assistance in developing the necessary legislation and systems for the protection of victims and witnesses, support in the legal representation of victims, and processes to engage meaningfully with the public and victims and survivors to create awareness of the objectives of a war crimes court and to allow Liberian voices to inform the design of the court; Offer financial support for the court, as the US has done in several other contexts, including, for example, the annual contributions to the Special Criminal Court in the Central African Republic. [1] Human Rights Watch, Q&A: Justice for Civil Wars-Era Crimes in Liberia (April 1, 2019), https://www.hrw.org/news/2019/04/01/qa-justice-civil-wars-era-crimes-liberia. [2] Jane W, John X, John Y, John Z v. Moses Thomas, U.S. District Court for the Eastern District of Pennsylvania, Case number 2:18-cv-00569-PBT, https://cja.org/wp-content/uploads/2018/02/Jane-W-v.-Moses-Thomas-18-cv-00569.pdf. [3] Truth and Reconciliation Commission of Liberia, Final Report of the Truth and Reconciliation Commission of Liberia, https://www.trcofliberia.org/resources/reports/final/trc-final-report-volume-1-full.pdf. [4] Civitas Maxima press release, US Court finds Liberian Rebel Commander “Jungle Jabbah” Guilty of Crimes Linked to Atrocities in Liberia’s First Civil War (October 18, 2017), https://civitas-maxima.org/us-court-finds-liberian-rebel-commander-jungle-jabbah-guilty-of-crimes-linked-to-atrocities-in-liberias-first-civil-war/; Civitas Maxima press release, Liberian Plaintiffs Make Swiss and Liberian Legal History (June 18, 2021), https://civitas-maxima.org/liberian-plaintiffs-make-swiss-and-liberian-legal-history/; Center for Justice and Accountability press release, U.S. Court Finds Former Liberian Military Commander Liable for War Crimes and Crimes Against Humanity (September 16, 2021), https://cja.org/u-s-court-finds-former-liberian-military-commander-liable-for-war-crimes-and-crimes-against-humanity/. [5] Human Rights Watch news release, Justice for Liberia, (December 10, 2009), https://www.hrw.org/news/2009/12/10/justice-liberia. [6] University of Nottingham, SEWACCOL, Legislature of Liberia, Civitas Maxima and the GJRP press release, Legislative Conference Brings Liberia Closer to the Establishment of a War Crimes Court (July 20, 2019), https://civitas-maxima.org/legislative-conference-brings-liberia-closer-to-the-establishment-of-a-war-crimes-court/. [7] Dounard Bondo and Ruth Maclean, The New York Times, Liberia Moves to Create War Crimes Court, Decades After Civil Wars Ended (May 3, 2024), https://www.nytimes.com/2024/05/03/world/africa/liberia-court-war-crimes.html. [8] United States Senate Committee on Foreign Relations press release, Risch Applauds Establishment of War and Economic Crimes Court in Liberia (April 10, 2024), https://www.foreign.senate.gov/press/rep/release/risch-applauds-establishment-of-war-and-economic-crimes-court-in-liberia.
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Letter to the UN, Security Council and Member States on Women’s Rights in Afghanistan

Middle East
United Nations
Dear Excellencies, We write to you ahead of the third UN-convened meeting of Special Envoys and Special Representatives on Afghanistan on 30 June–1 July 2024 in Doha, Qatar (“Doha III”), to continue to discuss the international community’s approach to Afghanistan. More than one year since the first Doha meeting, there is growing concern that the international community lacks the necessary resolve to defend and advocate for the human rights of Afghan women and girls. Many Afghan women civil society have even called for a boycott of continued negotiations with the Taliban until women’s rights are restored. Doha III therefore offers a decisive opportunity to demonstrate to all Afghans that their human rights are not a bargaining chip, but the foundation on which the future of their country depends. Since the last Doha meeting in February 2024, the Taliban’s abuses against Afghan women and girls, already unparalleled globally and condemned by international experts as gender apartheid, have continued to deepen. The Taliban are not only continuing to impose new restrictions violating the rights of women and girls, now numbering 97, but steadily intensifying their enforcement of existing decrees. The space for women and girls to make their own decisions and live their lives gets smaller every day. This is a clear signal that the international community’s approach to Afghanistan has thus far failed to deter the Taliban from its systematic repression of women’s rights. The upcoming meeting in Doha is a critical moment for the UN, Security Council and international community to coordinate around one key message: the rights of Afghan women and girls are not negotiable.
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Joint NGO Letter to President Biden on the International Criminal Court

International Criminal Court
International Criminal Law
Middle East
United States
Dear President Biden: We write as organizations with a steadfast commitment to justice for grave international crimes and therefore to the success of the International Criminal Court (ICC). We urge your administration to oppose the threats and calls for punitive actions against the Court that several U.S. lawmakers have recently made. Acting on these calls would do grave harm to the interests of all victims globally and to the U.S. government’s ability to champion human rights and the cause of justice, which are stated priorities of your administration. Accountability is important for its own sake and protects against the commission of future atrocity crimes. Acting where it has jurisdiction and within its mandate as a court of last resort, the ICC works together with national authorities to ensure perpetrators of such crimes are held to account and that victims and affected communities find some measure of justice. While the United States is not an ICC member country, Republican and Democratic administrations have supported the Court in specific cases, and the U.S. has assisted arrest operations to bring justice to victims in central Africa. Your own administration has recognized the Court’s essential role to address serious crimes in Ukraine and Darfur. We are alarmed by threats that U.S. lawmakers have aimed at the Court in recent weeks including the letter sent on April 24 by Senators, threatening to sanction the ICC prosecutor’s “employees and associates,” if steps were taken to pursue arrest warrants against Israeli officials. On May 20, the ICC prosecutor requested warrants for leaders of Hamas and Israeli officials stemming from his ongoing Palestine investigation; ICC judges will assess the request to determine whether to issue warrants.
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Submission to Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — Report on Sexual Torture

Sexual Violence
United Nations
Download the full submission I. Introduction Over the years, parties to armed conflicts have systematically used sexual and reproductive violence against civilians to demoralize, terrorize, destroy, and even alter the ethnic compositions of entire communities. A large proportion of the victims of this violence, sometimes over 80%, are children. Stark examples include Rwanda, where nearly 250,000-500,000 women were raped in one hundred days as a part of the genocide in 1994, and an estimated 20,000 “enfants mauvais souvenirs” (children of bad memories) were born from these rapes. In Bosnia, women were held in rape camps, repeatedly raped until they became pregnant, and intentionally confined until it was too late for them to obtain an abortion. Boko Haram raped hundreds of women and girls and held them in sexual slavery. During one rescue of victims kidnapped by Boko Haram, at least 214 women and girls were found to be pregnant. More recently, the UN confirmed that Russian forces have committed numerous acts of rape and other sexual violence, with victims ranging from age four to eighty-years-old, which the UN said in some cases amounted to torture and war crimes. The UN has also documented armed gangs in Haiti using sexual violence to punish individuals associated with rival gangs, and to “assert power and control over people”. While most victims have been women and girls, men and boys have also been abused and subjected to violence. LGBTQ+ individuals have also suffered grave sexual violence in Haiti, with LBTQ+ women recounting incidents of “corrective rape” to “cure” them of “homosexuality.” Sexual violence in conflict settings can amount to torture and other cruel, inhuman and degrading treatment (CIDT) in violation of international human rights law (IHRL), international humanitarian law (IHL) and international criminal law (ICL). While all people in conflict settings have a right to protection from sexual violence and to reparations for such grave harm, all too often the compounded or independent reproductive harms individuals suffer go unrecognized and unremedied. For example, reproductive violence such as forced pregnancy, forced abortion, forced contraception and forced sterilization occurs regularly in conflict. Additionally, other reproductive rights violations such as lack of access to abortion, particularly when pregnancies are the result of rape, and to contraception and/or sexual and reproductive health (SRH) information and services to enable individuals to prevent unwanted pregnancies occur frequently in crisis contexts. Maternal mortality and morbidity rates are also disproportionately high in conflict settings due to inadequate living conditions and lack of access to prenatal and maternal health care.
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Idaho v. United States — Amicus Brief

Abortion
Human Rights Treaties
Reproductive Rights
United States
US Abortion Laws
Summary of Argument Idaho’s near-total abortion ban restricts access to necessary emergency reproductive healthcare, exacerbating preventable maternal mortality and morbidity and otherwise negatively impacting people capable of pregnancy in Idaho. The law’s narrow exception for life-saving care will not prevent or mitigate these harms in practice, and will leave patients in Idaho without access to emergency reproductive healthcare. The United States has ratified several human rights treaties—including the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and the Convention Against Torture (CAT)—which require it to guarantee access to safe and legal abortion services, in particular in emergencies or acute medical crises governed by the Emergency Medical Treatment and Active Labor Act (EMTALA). In accordance with the United States’ obligations under these treaties, the federal government—and therefore each state—is required to respect, protect and fulfil individuals’ international human rights to life; health; privacy; non-discrimination; and to be free from torture, cruel, inhuman and degrading treatment. These rights are directly jeopardized by Idaho’s draconian abortion law.
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