Thursday, February 23, 2017
Washington Post (February 18, 2017): Norma McCorvey, Jane Roe of Roe v. Wade decisions legalizing abortion nationwide dies at 19, by Emily Langer:
Last Saturday, Norma McCorvey who was plaintiff "Jane Roe" in the 1973 case Roe v. Wade died at age 69. Roe v. Wade was a landmark in American jurisprudence and is widely quoted in reproductive rights cases around the world. While the case is widely regarded as a success by reproductive rights activists, McCorvey's life and relationship with the pro-choice movement has been much more complicated.
According to the most sympathetic tellings of her story, she was a victim of abuse, financial hardship, drug and alcohol addiction, and personal frailty. For much of her life, she subsisted at the margins of society, making ends meet, according to various accounts, as a bartender, a maid, a roller-skating carhop and a house painter. She found a measure of stability with a lesbian partner, Connie Gonzalez, but even that relationship reportedly ended in bitterness after 35 years.
In 1995, she converted to Evangelical Christianity and become an anti-abortion activist. According to Emily Langer
But neither did Ms. McCorvey find a comfortable home among conservatives in the antiabortion movement, many of whom regarded lesbianism as immoral.
“Neither side was ever willing to accept her for who she was,” the historian David J. Garrow, a Pulitzer Prize-winning biographer and the author of “Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade,” said in an interview.
Wednesday, February 22, 2017
New York Times (Feb. 21, 2017): Judge Blocks Medicaid Cuts to Planned Parenthood in Texas, by Christopher Mele:
On Tuesday, a federal judge issued a preliminary injunction preventing Texas from defunding Planned Parenthood finding that the state failed to present credible evidence that Planned Parenthood violated medical or ethical standards. The judge's decision was based on a three day hearing last January.
Federal courts have enjoined similar state attempts to defund Planned Parenthood in Arkansas, Alabama, Kansas, Mississippi, and Louisiana. Planned Parenthood operates 30 medical centers Texas that serve about 12,500 Medicaid patients. The Texas law would have prohibited Planned Parenthood from receiving Medicaid reimbursement for services such as screening and treatment of breast and cervical cancer, contraception counseling, testing and treatment for sexually transmitted diseases and primary health care services.
Texas Attorney General Ken Paxton said that he will appeal the injunction.
Tuesday, February 21, 2017
Rewire (Feb. 16, 2017): GOP Begins Shredding Family Planning Safeguards, by Christine Grimaldi:
Using the Congressional Review Act, Republican law makers are working to undo regulations adopted during the Obama administration. Last week the House of Representatives voted to overturn a rule adopted by the Obama Administration that prohibits discrimination against providers of Title X services. If the Senate agrees, their "joint resolution of disapproval" will overturn the rule if President Trump signs it.
Title X is a federal program that provides funding for family planning for low-income or uninsured individuals at reduced or no cost. The rule at issue was adopted by the Department of Health and Human Services in December 2016. The rule sought to clarify that existing law prohibits states from barring reproductive health care providers from receiving Title X funds if they also provide abortion care. The rule was designed to address the recent trend of state laws penalizing reproductive health providers that also provide abortion care by making them ineligible for government funding. In particular the laws target Planned Parenthood which provides services for about a third of the recipients of Title X services.
Republicans assert that overturning the rule will not decrease Title X funding but will allow states to redirect funds to other service providers. However, according to a Rewire analysis, other health care providers are not prepared to fill the gap if Planned Parenthood loses funding.
Assuming that President Trump will sign the measure, overturning the Obama Administration rule will require a simple majority of the Senate - 51 senators. If there is a tie, Vice-President Pence will cast the deciding vote.
Wednesday, February 15, 2017
New York Times (Dec. 11, 2016): Abortion Foes, Emboldened by Trump, Promise "Onslaught" of Tough Restrictions, by Sabrina Tavernise and Sheryl Gay Stolberg:
Ohio has new law that bans abortion after 20 weeks of pregnancy. There is no exception for rape or incest. Ohio is the eighteenth state to adopt the 20-week ban. Federal courts in Arizona and Idaho have struck down similar laws as unconstitutional. The Supreme Court has refused to hear Arizona's appeal.
A more restrictive measure, banning abortion after a fetus has a detectable heartbeat, was vetoed by Governor Kasich. Many believe that the advent of Trump emboldened legislators to vote in favor of the heartbeat bill, despite it having been a perennial failure in the past.
The effects of Mr. Trump’s victory are only beginning to be felt. But one of the biggest changes is playing out in abortion politics. From the composition of the Supreme Court (Mr. Trump has promised to nominate staunchly anti-abortion justices), to efforts on Capitol Hill to enact a permanent ban on taxpayer-financed abortions, to emboldened Republican statehouses like the one in Ohio, combatants on both sides see legalized abortion imperiled as it has not been for decades.
Trump's election follows on a decade of anti-abortion victories throughout the country. Rights-preserving states like New York and California are becoming more the exception than the norm. Anti-abortion groups are mobilizing to harness what they perceive to be an increasingly promising landscape for enacting abortion restrictions. Americans United for Life, for example, recently released a report that purports to chronicle a raft of unsafe conditions in America's abortion clinics. The group hopes the publication will inspire legislatures to pass abortion restrictions in the wake of Whole Woman's Health v. Hellerstedt. In Texas specifically, conservative legislators have promised "'an absolute onslaught of pro-life legislation.'" Four other states have enacted "trigger bans" on abortion that will take effect immediately if Roe v. Wade is overruled.
Before his election, Trump committed in writing to four anti-abortion priorities:
Those priorities include putting anti-abortion justices on the Supreme Court; passing a national 20-week ban like Ohio’s; eliminating federal money for Planned Parenthood as long as its clinics perform abortions; and making permanent the Hyde Amendment, passed annually by Congress to ban taxpayer-funded abortions.
Tuesday, February 14, 2017
(February 14, 2017) The Dutch v. Donald: The Netherlands Lead World's Pro-Choice Battle, by Chelsea Wilson Miller, CUNY Law Student:
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.
Monday, February 13, 2017
New York Times (Feb. 7, 2017): Reading Between the Lines for a Nominee's Views on Abortion, by Adam Liptak:
Neil Gorsuch's 2006 book The Future of Assisted Suicide and Euthanasia (New Forum Books) may provide a window onto the nominee's views on abortion. In the book, Gorsuch canvasses the Supreme Court's abortion jurisprudence for clues about whether a right to assisted suicide exists. He concludes that it does not, because "human life is a good in itself."
The learned tome does not critique the Supreme Court's abortion jurisprudence per se and reveals nothing about where Gorsuch stands on Roe v. Wade. It likewise leaves unclear whether Gorsuch's perspective on human life would lead him to conclude that a fetus is a human life. In his 2006 confirmation hearing following his nomination to the federal bench, Gorsuch remarked that his personal views have no effect on his judicial work and that his writings defend existing law "'in most places.'"
Gorsuch does, however, acknowledge that jurists he respects hold views contrary to existing law. This is most notably true of his former employer Byron White, for whom Gorsuch was a law clerk in the early 1990s. In dissent in the 1986 case of Thornburgh v. American College of Obstetricians and Gynecologists, White notoriously called for the overruling of Roe v. Wade:
However one answers the metaphysical or theological question whether the fetus is a "human being" or the legal question whether it is a "person" as that term is used in the Constitution, one must at least recognize, first, that the fetus is an entity that bears in its cells all the genetic information that characterizes a member of the species homo sapiens and distinguishes an individual member of that species from all others, and second, that there is no nonarbitrary line separating a fetus from a child or, indeed, an adult human being. Given that the continued existence and development -- that is to say, the life -- of such an entity are so directly at stake in the woman's decision whether or not to terminate her pregnancy, that decision must be recognized as sui generis, different in kind from the others that the Court has protected under the rubric of personal or family privacy and autonomy.
White's analysis was mercilessly skewered in the concurrence of Justice John Paul Stevens, though the perennially judicious Stevens was careful to remark, "I have always had the highest respect for his views on this subject."
Perhaps more telling than Gorsuch's views on Roe v. Wade, which remain unknown, are his views on Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), which The Future of Assisted Suicide and Euthanasia argues should be "read narrowly." Gorsuch objects to the use of the "flowery" language in the decision invoking "the mystery of life." Like White before him, who favored limiting, nay, overruling Roe, Gorsuch favors cabining Casey within the confines of a "stare decisis decision," in other words one that merely pays deference to settled law. But saying one is devoted to upholding settled law is not the same thing as affirming that a right should not have been declared fundamental in the first place. The possibility that Gorsuch might be tempted to channel Bryon White in saying so lies well within the realm of possibility.
Friday, February 10, 2017
New York Times (Nov. 10, 2016): A Study Tests the Safety of Women Using Abortion Pills Sent by Mail, by Phil Galewitz:
The idea of giving more women access to abortion care by delivering medication through the mail without an in-person visit to a physician is an idea grounded helping women obtain birth control more easily. "Australia and the Canadian province of British Columbia allow women to get abortion pills by mail after consulting with a physician or other health care provider via phone or the internet. Several international organizations offer mail service in countries where abortion is otherwise unavailable or severely restricted." There is no such service in the United States. The Food and Drug Administration prohibits pharmacies from filling prescriptions for the most common medical abortifacient mifepristone. It must be procured directly from a clinic that stocks the drug.
A research effort permitted by the Food and Drug Administration is being conducted in Hawaii, New York, Oregon and Washington to evaluate the safety of medical abortion by mail. 91% of women surveyed reported that they did not have any complications and would recommend the service to a friend. Women who use telemedicine and receive abortion medication by mail report a great sense of well being having control over the abortion decision and being able to conduct a medical abortion on their own time and in the privacy of their own home.
Abortion foes, who have been up in arms about the mail-order medical abortion experiment, have raised a hue and cry over its safety. Of course, the mail-order alternative does not entirely remove doctors and nurses from the equation. A woman who wishes to receive abortion medication by mail must first consult with a physician and submit to an ultrasound and blood work. Follow-up care includes an ultrasound to confirm that the abortion is complete a phone consultation to go over the results.
Even if the study supports wider access to abortion via telemedicine, nineteen states nonetheless ban the method, requiring a physician to be physically present when consulting with a women on abortion.
Thursday, February 9, 2017
[Cross posted on Human Rights at Home Blog: Feb. 8, 2017] Human Rights Experts Find That Detention of Pregnant Women Violates Human Rights, by Megan Lynch:
In August 2014, a Wisconsin woman named Tammy Loerscher went to her local services agency because she believed that she was pregnant, but had serious medical conditions and could not afford health care. She was referred to the emergency room of a nearby hospital, where her urine was collected to test for pregnancy and for controlled substances. When the results returned “unconfirmed positive,” she was reported to child protective authorities. A temporary order of custody was issued to detain Tammy in the hospital. The next day a hearing was held over the phone. There was a lawyer representing the child protective agency, and a legal guardian to represent Tammy’s fetus, but Tammy herself was not given a lawyer, and the judge refused to delay the hearing to permit Tammy to find one. The judge ordered her to report to an inpatient treatment facility after being discharged from the hospital. No assessment was ever completed as to whether Tammy had a substance use disorder or needed inpatient treatment. When Tammy refused to enter inpatient treatment, she was ordered to serve 30 days in jail. While incarcerated she was denied medical care, held in solitary confinement, and threatened to be tased. Tammy was released after 18 days in jail subject to drug monitoring for the duration of her pregnancy. All subsequent drug tests were negative.
Last October, Tammy told her story to Seong-Phil Hong of the United Nations Working Group on Arbitrary Detention during the Working Group’s visit to the United States. An expert on arbitrary detention, Mr. Hong recognized that Wisconsin’s actions violated Tammy’s human rights and that there are better ways for the state to address concerns about fetal health. Late last year, the Working Group issued a statement emphasizing that confinement of pregnant women suspected of drug is inappropriate and that involuntary detention should be used only as a last resort, for the shortest period of time needed, and with appropriate due process protections. The group emphasized that “confinement should be replaced with alternative measures that protect women without jeopardizing their liberty.”
Despite the Working Group’s statement, every year, hundreds of pregnant women are involuntarily detained in the United States because they are suspected of drug use. Wisconsin is one of 5 states with laws that permit pregnant women to be detained for the supposed benefit of a fetus. These statutes were designed in the 1990s amid fears of the effects of in utero exposure to cocaine. Despite decades of research undercutting the belief that use of criminalized drugs is certainly and uniquely harmful to fetal health, these laws continue to be used to issue protective custody orders against pregnant women.
In addition to lacking scientific basis, laws that punish people who use drugs during pregnancy threaten the public health. As the American College of Obstetricians and Gynecologists has stated: “Incarceration and the threat of incarceration have proved to be ineffective in reducing the incidence of alcohol or drug abuse.” Instead, threats of arrest and incarceration harm fetal and maternal health because they discourage women from seeking medical advice and prenatal care. The medical community in the United States and around the world universally condemn punitive approaches, recommending support and voluntary treatment where appropriate.
Not only do these laws harm the people they purport to protect, they also violate women’s fundamental human rights. Detaining pregnant women based on suspected drug use unfairly deprives them of liberty based on their pregnancy status. While civil commitment is permitted under U.S. law, the laws used to detain pregnant women lack the stringent standards required for civil commitment in other contexts, including a risk of imminent harm and due process protections. These statutes set no requirement that the state prove that a woman has a substance use disorder, or that the substance she is alleged to use is harmful to fetal development before detaining her. Nor do they require that the state consider alternative, less invasive measures before authorizing involuntary confinement. Rather, in most cases, simply testing positive for a drug is grounds for confinement in a treatment facility, regardless of whether it is medically appropriate.
Even if state intervention could be justified under extreme circumstances, these overbroad laws fail to provide adequate procedural protections. Indeed, in Wisconsin, a woman is not entitled to an attorney until appeal, even if she explicitly requests one. Further, the proceedings are sealed, closed proceedings, preventing public scrutiny of the process. This places the onus on women who have undergone this process to come forward to tell their stories.
The UN Working Group made clear that these laws run contrary one of the most fundamental rights under international law: the right to liberty and to be free from arbitrary detention. The right to liberty is deeply embedded in the American psyche, dating back to our nation’s birth and the Declaration of Independence’s promise of the right to life, liberty and the pursuit of happiness. The right to liberty would later be emphasized in the UN Declaration of Human Rights, and the US reaffirmed its commitment to liberty and freedom from arbitrary detention when it ratified the International Convention on Civil and Political Rights.
Because freedom from arbitrary detention is a fundamental right, international human rights standards require that individuals only be detained as a last resort, for the shortest period of time needed, and with appropriate due process protections. Any use of detention must be necessary and proportionate. According to the Working Group, Wisconsin’s law failed to meet these standards.
The Working Group’s recognition that detaining pregnant women suspected of drug use violates their human rights, and the widespread agreement that this practice actually threatens maternal and infant health, should be a call to reconsider our approach to substance use in pregnancy. Instead of spending money on counterproductive punishment and coercive treatment, we should ensure that women like Tammy are able to trust that the people they turn to will provide help, not handcuffs.
New York Times (Jan. 27, 2017): Duterte’s Free Birth-Control Order Is Latest Skirmish With Catholic Church, by Aurora Almendral:
The Philippines, where six million women have no access to contraceptives, delivers free birth control to indigent women through a program that also offers prenatal care and mandates that sex education be taught in schools and that companies provide reproductive health services to their employees. The program has been billed as "pro-life, pro-women, pro-children and pro-economic development."
But the Catholic Church has long fought the implementation of the program, going so far as to block key components of it via petitions filed in the Supreme Court. Unable to implement the program, the Health Department's budget has been slashed. Sex education in schools remains substandard, based in abstinence-only rhetoric. The Philippines is the only country in Asia where rates of pregnancy among teenagers increased.
President Duterte's administration is coming back strong against the court's decisions, vowing to uphold the law and eliminating some of the decisions' ambiguous wording. Two archbishops have acknowledged defeat.
One commentator, contrasting Duterte's clash with the church with President Donald Trump's reinstatement of the Reagan-era global "gag rule" forbidding foreign NGOs from receiving U.S. family planning funds if they perform, counsel or refer women for abortion services or advocate for the liberalization of abortion laws where they work, sees the policy of the United States, not the Philippines, as the real threat to women's health.
Saturday, February 4, 2017
Rewire (Feb. 3, 2017): How Nikki Haley's Ambassador Appointment Threatens the Spirit and Intent of the UN, by Gillian Kane:
When Nikki Haley was appointed UN Ambassador, it was clear that she would seek to export her anti-choice ideology to other countries. What was less clear was the broader threat that she and the Trump administration would be to the UN and its human rights infrastructure.
Presenting her credentials to the UN last week in New York, Haley issued brief introductory remarks—or, more accurately, she issued a general’s salvo of war: “For those who don’t have our back, we’re taking names, we will make points to respond to that accordingly.” This swagger, we now know, is a hallmark of the Trump administration. But a bullish entry into the halls of the United Nations is cause for alarm, especially for nations and advocates concerned with women’s rights.
In addition to reinstating and expanding the global gag rule, the Trump administration has signaled plans to significantly reduce the U.S.'s contribution to the UN. In 2015, the U.S. was the UN's largest contributor and provided 22% of its budget. It's funding decisions appear to be driven by ideology, with threats to defunding tied to agencies that "oppose important U.S. policies." Not only is it problematic to tie funding to political goals, many of the Trump administration's goals may be to rollback important human rights protections.
To be clear, the work of the UN on human rights is fragile and constantly under threat. Defending and promoting women’s rights and LGBTQ rights with 193 member states is always a fraught process. Still, under President Barack Obama, the United States, often in coalition with other progressive countries, was a forceful voice to counter conservative nations who would argue that female genital cutting, or discrimination against gay people, was their cultural prerogative. Haley’s positions on women’s rights, and her hostile attitude toward the UN, are a disturbing break from her immediate predecessor, Samantha Power. Power, who while notably silent on abortion, was outspoken on LGBTQ and women’s rights, and a strong advocate of the United States’ active engagement in the UN.
Wednesday, February 1, 2017
NY Magazine (Feb. 1, 2017): What Trump's Supreme Court Nominee Neil Gorsush Could Mean For Women's Health, by Lisa Ryan:
Immediately after President Trump's announcement of 10th Circuit Court of Appeals Judge Neil Gorsuch as his Supreme Court nominee on Tuesday, commentators started speculating what this means for women's health. The intense interest on both side of the political spectrum is not surprising given that Trump made campaign promises that he would appoint a pro-life justice who would help to repeal Roe v. Wade.
However, Judge Gorsuch has never issued a decision on abortion, leaving commentators to speculate on his views based on his decisions and writing on other issues. Emma Green of the Atlantic analyzes Judge's Gorsuch's book on assisted suicide, which discusses Planned Parenthood v. Casey. However, she concludes that the book does not reveal a clear position on whether he would vote to repeal Roe v. Wade.
But, Judge Gorsuch's broad conception of the right to religious freedom may pose a more immediate threat to reproductive rights. Ed Kilgore of New York Magazine writes:
But the key reason for conservative enthusiasm about Gorsuch is that he has been a real judicial pioneer in recognizing and expanding the right to an exemption from anti-discrimination laws and regulations for those citing religious objections. He was involved in two Tenth Circuit cases that wound up producing SCOTUS landmark decisions that allowed religious believers (include those running for-profit businesses) to disregard the contraception-coverage provisions of Obamacare.
For those interested in taking a deeper look into Judge Gorsuch's writings SCOTUS Blog has compiled his extrajudicial writing and speeches.
Thursday, January 26, 2017
Teen Vogue (January 25, 2017): Bills to be Introduced in 18 States to Protect Reproductive Rights, by Jennifer Gerson Uffalussy:
On Wednesday, lawmakers in 18 states announced that they are introducing legislation to counter federal attacks on reproductive rights and to to dismantle reproductive health care services.
The coordinated effort of legislators in Arizona, California, Colorado, Connecticut, Georgia, Hawaii, Iowa, Kentucky, Maryland, Michigan, Minnesota, Missouri, New Mexico, Ohio, Oregon, Texas, Virginia, and Wisconsin today mean the introduction of bills that include: requiring crisis pregnancy centers to identify themselves as non-medically licensed facilities, increasing emergency contraception access for survivors of sexual assault, recognizing abortion as healthcare in need of both public and private insurance coverage, and keeping employers from discriminating against employees who have made reproductive health decisions to which they are personally opposed.
The legislation is the result of efforts of the Public Leadership Institute to provide model state legislation that protects reproductive rights. Gloria Totten of PLI stated that the legislation has been in the works for a long time, but that after President Trump's election there is increased energy to support initiatives to protect reproductive rights.
“Since the election, no one is sitting down,” continues Gloria. “Many, many more people are approaching us and saying, ‘We didn’t think we were ready before because we live in a red state and don’t have the votes.’ But now we’re hearing, ‘We’ve had it — it’s enough.’ Trump has really inspired a lot of advocates and policymakers to stand up and say, ‘I’m going to be bold now.’”
Independent (January 23, 2017): Irish women to go on strike in protest over the country's abortion ban, by Sioban Fenton:
Irish women are planning a strike on March 8 to demand that the government call a referendum to repeal the 8th Amendment of the Irish Constitution. The 8th Amendment recognizes “the right to life of the unborn . . . with due regard to the equal right to life of the mother.” The 8th Amendment has been cited as an obstacle for liberalizing Irish law, which currently criminalizes abortion, except for when the pregnancy endangers a woman's life. Lack of clear guidelines around this exception led to the 2012 death of a woman who was severely bleeding after a miscarriage. Hospital officials refused to intervene because the fetus' heart was still beating. Last summer, Ireland was criticized by the UN Human Rights Committee for prohibiting an abortion to a woman whose fetus had a fatal condition. The Committee recommended that Ireland revise its abortion law and amend the 8th amendment if necessary.
The Irish strike follows October 2016 protests in Warsaw and several other European Cities against Polish legislation that would have criminalized abortion in all circumstances. Following the protests, the Polish government scrapped the legislation.
The strike calls on women to book a day off work as annual leave and also wear a black armband or black clothing in protest. For women who do not work, the strike asks them to withdraw emotional or domestic labour, such as housework or caring duties, roles which are disproportionately performed by women.
Tuesday, January 24, 2017
Slate (January 24, 2017): Trump Didn't Just Reinstate the Global Gag Rule. He Massively Expanded it, by Michele Goldberg:
Earlier this week, President Trump signed an executive order banning U.S. aid to organizations overseas that provide, counsel or advocate for changes in abortion law. This funding restriction, known as "the Global Gag Rule" has been a political football in the U.S. for the last thirty years. Instituted by Ronald Reagan in 1984, it was rescinded by Bill Clinton in 1993, reinstated by George W. Bush in 2001, and rescinded again by Barack Obama in 2009. While the rapid shift of U.S. policy makes for a good photo op for incoming presidents, the flip flop in funding has real consequences for organizations on the ground trying to provide reproductive health care services in poor countries.
A few important points to note here. First, the Global Gag Rule goes much farther than prohibiting the use of U.S. funds for abortion. The rule prohibits organizations from using their own funds to provide abortions and it prohibits the organizations from counseling clients that abortion is an option or advocating for reform of abortion law. These prohibitions place health care providers in a serious ethical quandary. As a result many organizations may refuse U.S. funding. Ironically, the resulting cuts in family planning services is likely to increase the number of unwanted pregnancies and the number of abortions. Second, Trump's version of the Global Gag Rule goes even further than his predecessors'. In the past the Global Gag Rule has only be tied to U.S. family planning funding. Trump's version applies to all U.S. international health care funding. According to [Suzanne] Ehlers [of PAI], the new rule means that rather than impacting $600 million in U.S. foreign aid, the global gag rule will affect $9.5 billion. Organizations working on AIDS, malaria, or maternal and child health will have to make sure that none of their programs involves so much as an abortion referral
Saturday, January 21, 2017
NPR (January 17, 2017): Abortion Rate in U.S. Falls to Lowest Level Since Roe v. Wade, by Sarah MacCammon:
The Guttmacher Institute reports that the U.S. abortion rate fell to its lowest level since 1973. In 2014, the abortion rate was 14.6 abortions per 1,000 women of childbearing years, compared to a peak of 29.3 in 1980.
The drop in the abortion rate may be due to increased restrictions on abortion. A spokesperson for Americans United for Life suggests that increased regulation, including requirements that women have ultrasounds before abortions may have resulted in women changing their minds and continuing pregnancies. But regulations also may have shut down clinics making it difficult or impossible for women who wanted abortions to obtain them.
The Guttmacher report says abortion restrictions do appear to be a factor in the declining numbers in some states. But principal research scientist Rachel Jones, lead author of the report, said that's not the whole story. She noted that abortion declined in almost every state, and "having fewer clinics didn't always translate into having fewer abortions."
A more important driver of the declining abortion rate, Jones said, appears to be improved access to contraception, particularly long-acting birth control options like IUDs. She noted that women in the United States have been using the highly effective devices in growing numbers for more than a decade, and said the declining birthrate suggests more women are preventing unwanted pregnancies.
"Abortion is going down, and births aren't going up," Jones said.
Tuesday, January 10, 2017
New York Times (Dec. 19, 2016): Pregnancy Changes the Brain in Ways That May Help Mothering, by Pam Belluck:
A recent study notes that pregnancy works changes in the brain, specifically in the part that perceives the feelings of others. Scientists query whether these changes have anything to do with mothers' emotional attachment to their offspring. The change actually involves the loss of gray matter in areas of the brain involved in social cognition, "that ability to register and consider how other people perceive things." The loss of gray matter sounds like a bad thing, but it may simply be a "neutral" offshoot of pregnancy-related stress or a beneficial sequella of pregnancy that prunes and trains the brain to be ready for the challenges of raising children, be they bonding, recognizing social threats, or recognizing the needs of an infant. The study seems to indicate that the more the brains of pregnant women changed, the better mothers they were (measured by emotional attachment, pleasure, and hostility toward the child). There is an analog to these changes in the brain in the brains of adolescents, whose brains sees a decrease of gray matter in several regions that scientists believe provide "fine tuning for the social, emotional and cognitive territory of being a teenager." The study detected no changes in the brains of new fathers.
Wednesday, January 4, 2017
International Justice Center Resource Center (January 3, 2016): IACtHR Holds Bolivia Responsible for Forced Sterilization in Landmark Judgment:
Last week, the Inter-American Court of Human Rights held that sterilization of a woman without informed consent violates her human rights. The case was brought by I.V., a Peruvian refugee who was sterilized after delivering her third child in a Bolivian public hospital in 2000. According to Court documents, the doctors decided while performing a cesarean section that a future pregnancy would be dangerous for I.V. and performed a tubal ligation. The parties contested whether or not the doctors' obtained I.V.'s consent during the C-section.
The Court's decision provides important guidance on informed consent for sterilization.
The Court articulated three elements of informed consent: that it is granted prior to initiating any medical act; that it is provided freely, voluntarily, autonomously, without pressure of any kind, without using it as a condition for submission to other procedures or benefits, and without coercion, threats, or disinformation; and that it is full and informed.
Although emergency exceptions can apply to informed consent the Court held that the risk of preventing a future pregnancy cannot be characterized as an emergency. Consistent with decisions from the European Court of Human Rights, the Court held that a woman cannot give informed consent when she has "just given birth, or is under epidural anesthesia, surgical stress, or lying in an operating room."
The decision is not yet available in English. The Spanish version can be found here.
Tuesday, January 3, 2017
Vox (December 30, 2016): The first steps toward over-the-counter birth control in the US are finally underway, by Emily Crockett:
A French drug company is planning to apply to the FDA for approval of over-the-counter birth control. The approval process is likely to take several years, but if a drug is approved it would remove a major barrier to contraceptive access.
Most states require that women get a doctor's prescription before obtaining hormonal birth control, but major medical organizations including, the American College of Obstetricians and Gynecologists, the American Medical Association, and the American Academy of Family Physicians have said that oral contraceptives can be safe for over-the-counter use. In order to make contraceptives available over-the-counter, a drug company must go through the process of applying to get approval for one of its drugs. According to Vox:
HRA Pharma in Paris is partnering with advocates and experts from Ibis Reproductive Health, an international nonprofit research organization for reproductive health, to start the process of bringing an over-the-counter oral contraceptive to the US market.
HRA and Ibis plan to seek approval for a progestin-only pill because it is suitable for the broadest range of users.
Thursday, December 15, 2016
The blog IntLawGrrls: voices on international law, policy, practice, will celebrate its first decade with“IntLawGrrls! 10th Birthday Conference” on Friday, March 3, 2017. The daylong event will be held at the Dean Rusk International Law Center of the University of Georgia School of Law, which is hosting as part of its Georgia Women in Law Lead initiative.
Organizers Diane Marie Amann, Beth Van Schaack, Jaya Ramji-Nogales, and Kathleen A. Doty welcome paper proposals from academics, students, policymakers, and advocates, in English, French, or Spanish, on all topics in international, comparative, foreign, and transnational law and policy. In addition to paper workshops, there will be at least one plenary panel, on “strategies to promote women’s participation in shaping international law and policy amid the global emergence of antiglobalism.” The deadline for submissions will be January 1, 2017, though papers will be accepted on a rolling basis. Thanks to the generosity of the Planethood Foundation, a fund will help defray travel expenses for a number of students or very-early-career persons whose papers are accepted. For more information, see the call for papers/conference webpage and organizers’ posts, or e-mail firstname.lastname@example.org.
Friday, December 9, 2016
New York Times (Dec. 7, 2016): Protecting Reproductive Rights Under Donald Trump, by Editorial Board:
The New York Times Editorial Board notes that although it may be a long time before future appointments to the Supreme Court make it possible to overturn Roe v. Wade, the new President still has significant power to restrict reproductive rights.
If Jeff Sessions, who opposes abortion, is confirmed as attorney general, the Justice Department is unlikely to defend reproductive rights. While the fate of the Affordable Care Act rests with Congress, the Justice Department could stop fighting lawsuits challenging the contraceptive coverage requirement. Under Mr. Sessions, it could stop enforcing the FACE Act, leaving abortion providers with little recourse if anti-abortion extremists threaten patients or doctors or obstruct clinic entrances.
Vice President-elect Mike Pence, when he was a congressman, tried to prevent any federal money from going to Planned Parenthood. The Trump administration, under Mr. Pence’s guidance, could stop enforcing the Medicaid reimbursement law that prohibits states from discriminating against Planned Parenthood. And Tom Price, Mr. Trump’s pick for secretary of health and human services and an unwavering opponent of the Affordable Care Act, could as head of that department rescind the contraceptive coverage requirement.
The Times noted that state governments can step into the breach by passing laws to protect clinics, increasing state funding for family planning and passing laws requiring insurers to cover contraceptives without co-pays.