Publications

We the undersigned are writing to you to raise concern regarding the decision by several European governments to suspend or review their funding to several Palestinian and Israeli civil society organizations. We are deeply concerned by these developments and call on your government to reverse any decision to halt such crucial funding. A reduction in funds to these groups and organizations erodes human rights protections across Israel and the Occupied Palestinian Territories (OPT) and call into question your ability to credibly promote and protect universal human rights values across the Middle East and North Africa. Several European states, namely Austria, Denmark, Finland, Germany, Sweden and Switzerland, as well as the European Commission have taken measures to suspend or review their funding to Palestinian and Israeli civil society organizations due to unfounded allegations of diversion of funding to terrorist organizations. These measures have intensified following the attacks by Hamas and other armed groups on 7 October 2023, where members of Hamas and other armed groups committed summary killings, hostage-taking of civilians, and launching indiscriminate rocket attacks into Israel.

Thank you for the opportunity to present oral evidence to the APPG on Population, Development and Reproductive Heath today on the topic of Abortion Globally and in War Zones. I’m Akila Radhakrishnan, the Vice-President and Legal Director of the Global Justice Center, an international human rights organization focused on using international law to ensure women’s equality. Today, I would like to speak with you about how the UK can continue its excellent leadership in protecting abortion as a matter of women’s rights under international law, including through the funding of abortion services with its development and humanitarian aid. My presentation is divided into two sections. First, I will address the implications for the global sexual and reproductive rights landscape resulting from the reinstatement and expansion of the Global Gag Rule by US President Trump and why leadership by the UK and likeminded donors is even more critical today. Second, will I discuss how the UK can better ensure that girls and women affected by conflict—including those raped in war zones—receive the medical care they need and are entitled to, including abortion services. Download

I. Introduction In advance of the Committee against Torture’s forthcoming review of Bosnia and Herzegovina (BiH), it is critical that the Committee pays particular attention to the disproportionate and dire effects certain BiH laws have on women and girls. The issues addressed herein, namely the failure to fully redress crimes of sexual violence occurring during the Bosnian War and the absence of sufficient action to end violence against women generally, highlight the obstacles to ensuring women and girls are free from torture and cruel, inhuman or degrading treatment in BiH. Download PDF

In recent years, right-wing populism has been spreading across Europe and the United States. The US, France, Germany, Greece and the Netherlands have seen a surge in public support for right-wing parties. Ranging from fascist groups like Golden Dawn in Greece to parties attempting to soften their image to gain more followers like the Front National in France, rightist ideologies have squeezed their way into mainstream politics. What does this represent for women’s rights and reproductive rights? A challenge. Typically, right-wing parties are politically conservative, support traditional women’s roles and family structures. Most do not speak out for gay rights or women’s rights and do not favor a progressive feminist agenda, which includes equal pay and supporting family planning organizations. Furthermore, right-wing leaders have also spoken out against access to abortion and reproductive rights. Sound familiar? When it comes to human rights and women’s rights, the US, Canada and many European countries are leading the conversation and promoting activism. With the Trump Administration and prominent right-wing groups gaining more power and influence in Europe, this conversation may become severely limited. Many family planning organizations and health clinics rely on federal funding to remain open and provide health services. Organizations that also provide women with abortions are often targeted and threatened with the withdrawal of funding. Such actions and restrictions do not result in a decreased number of abortions, but result in harming women who need abortions and can only get them outside of a doctor’s office, often in a non-sterile environment with limited access to proper medical tools. Two of the leading right-wing parties in Europe, both of which are led by women, are the Front National and Alternative for Germany. Both leaders, Marine Le Pen and Frauke Petry, during their campaigns and interviews have spoken out against access to abortion and gay rights. They have also promoted the return to traditional family values, where a nuclear family is the ideal. The Front National in France does not support abortion or progressive women’s rights. Alternative for Germany promotes similar ideas, as well as a strong anti-immigrant sentiment. Similar ideas have found support in President Trump’s administration and across the United States. What is it exactly that these political party and leaders support? While Trump’s administration and President Trump himself claim to be great supporters of women and say they are supporters of paid maternity leave and maternity benefits, people argue that his claims are not reflected in the laws he passes and the bills he signs. Furthermore, Trump introduced the expanded Global Gag Rule that will cut funding to foreign family planning organizations that rely on US money. This includes many organizations in developing countries, where such organizations are the sole source of birth control and safe abortions. Although social activism is bright and promising, with many joining women’s rights and human rights movements across the globe, it is important to make sure that these political shifts and the resulting sentiments do not become normalized in our societies. Whether it is through more organized protest, the work of human and women’s rights organizations or liberals running for office, unity and perseverance are more important than ever.

by Chelsea Wilson Miller, CUNY Law Student and GJC Legal Intern Last month, millions of women and allies around the world marched in solidarity for women’s rights. We marched in support of a platform that included the right to ensure reproductive freedom and refusal to accept cuts or restrictions on people’s reproductive rights. We came together on that day and the days since in camaraderie. We protested. We called our representatives. We tweeted. President Trump has not only ignored our largely unified voices, he’s downright insulted us. Luckily, women around the world, including leaders in foreign governments, are standing up and fighting back. Only a couple days after beginning his role as President of the United States, Donald J. Trump reinstated and expanded the “Global Gag Rule”, or the Mexico City agreement. Ronald Reagan first introduced the Global Gag Rule in 1984, which originally prevented foreign non-governmental organizations (NGOs) from performing or actively promoting abortion as a method of family planning. The Gag Rule previously restricted funding only to foreign nongovernmental organizations receiving U.S. family-planning assistance, but Trump’s executive action extends the funding restrictions to all American global health assistance (ie. stopping the spread of viruses like HIV or Zika for men and women). In practice this will mean organizations must choose whether to accept funds and forego counseling their communities, or sacrifice the funds to continue their important work of informing people of their reproductive health options. Everyone expected that Trump would re-instate the Global Gag Rule in the early days of his presidency. But expanding it so massively just 48 hours after the Women’s March of an estimated two million women, is truly offensive. This massive expansion also ignores the fact that U.S. funding (FY2016) prevented an estimated 11,000 maternal deaths and 2 million unsafe abortions last year. Luckily, the Netherlands and its pro-choice sheroes are leading the battle against Trump’s aggressive actions. In direct response to Trump’s reinstatement of the Global Gag Rule, Lilianne Ploumen, the Dutch Minister for Foreign Trade and Development Co-Operation, created a fundraising website: “She Decides – Global Fundraising Initiative”. The website aims to work as a resource to pick up the large tab that America’s prior leadership in global health assistance left behind. Financial contributions to the Initiative will be made available to organizations that lose funding because of the reinstatement and expansion of the Global Gag Rule. The Dutch government has also committed $10 million to the fund. Such actions from Dutch female leaders are not new. In 2015, the Dutch pressured the European Union to increase its support of access to safe abortions for women and girls who are raped and impregnated during armed conflict. Member of European Parliament, Sophie in ‘t Veld, is one of the leaders of an effort to encourage the European Commission to alter its humanitarian aid policies for these women and girls. In response to those efforts in September of 2015, members of the European Commission recognized the right to abortion for war rape victims. Later that same year, the European Union attached an anti-U.S. Helms Amendment to their 2016 E.U. Budget (The U.S. Helms Amendment, which was enacted in 1973, prohibits American foreign assistance funds for abortion services “as a method of family planning”). Trump’s reinstatement and expansion of the Global Gag Rule not only creates new barriers to victims who wish to receive counseling about abortions, it could have a devastating impact on the health of women and girls in poor countries around the world. Because many health care organizations cannot or will not certify that their health care workers will not discuss abortion, they will be forced to forgo U.S. funding. Luckily, the Dutch are on the offensive. Their swift reaction to address Trump’s actions will hopefully meet organizations’ added burdens. Additionally, the Netherlands’ continued effort to lobby the E.U. to increase support for similar programs for war-rape victims is worthy of recognition by the world. To the Dutch leaders leading the battle for women’s rights to choose, we thank you. Millions of people worldwide marched to demand the stop of family-planning funding cuts, and the Dutch government wasted no time in taking concrete action. Women, especially those who are raped in war, do not have to rely on the whims of the U.S. government to receive the necessary medical care they need. Both in the political battlefield and in the aftermath of the real battlefields throughout the world, the Netherlands has demonstrated that they’re truly fighting for women worldwide.

GJC writes open letter to Commissioner Georgieva of the European Commission in response to her September 8, 2014 letter explaining the European Union’s position on abortion and the Geneva Conventions. Download PDF

The Norwegian Bar Association, representing over 90% of all Norwegian lawyers, including academic and government in a letter urged President Obama to issue an Executive Order ensuring that the US Helms Amendment is in compliance with the rights of women raped in war, both civilians and servicewomen, to non-discriminatory medical care, including abortions, under the Geneva Conventions. Download PDF

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.” Download PDF

Sweden has the political will necessary to lead donor states in complying with Resolution 2106. The first step must be for Sweden to ensure that its humanitarian aid for female victims of rape in armed conflict complies with the non-discrimination mandates of the Geneva Conventions, and includes the option of abortion. Currently over 95% of Sweden’s humanitarian aid for victims of armed conflict, goes to entities which discriminate against female war rape survivors by denying them abortions. This treatment of women raped in war flouts Sweden’s longstanding commitment to women’s equality and good humanitarian practices. Download PDF