Monday, July 29, 2019

India's Transgender Bill Raises Rights Concerns

July 23, 2019 (Human Rights Watch): India's Transgender Bill Raises Rights Concerns:

India's parliament introduced a new bill meant to protect the rights of transgender people on July 19 this year. Human Rights Watch ("HRW"), though, says that the Transgender Persons (Protection of Rights) Bill does not protect certain important rights upheld by India's Supreme Court in 2014--namely, the right of transgender persons to self-identify. 

The human rights organization warns that "even though the bill says that a transgender person 'shall have a right to self-perceived gender identity,' its language could be interpreted to mean transgender people are required to have certain surgeries before legally changing their gender."

Meenakshi Ganguly, the South Asia director at HRW, emphasized that "it's crucial the the law be in line with the Supreme Court's historic ruling on transgender rights." The proposed law, instead, "appears to mandate a two-step process for legal gender recognition," requiring a trans person first to apply for an initial certificate and then to apply for a "change in gender certificate," which many perceive as requiring gender-affirmation surgery along with medical confirmation.

The bill also gives discretion to the district magistrate to determine the "correctness" of the person's application for the certificates yet is silent as to how the decision of "correctness" should be made. 

In 2014, the country's highest court ruled in NALSA v. India that transgender people are a recognized third gender, enjoy all fundamental rights, and are entitled to specific benefits in education and employment. The bill introduced this month does not address whether a trans person holding a male or female gender certificate, though, will have access to the government welfare meant for transgender persons. 

Human Rights Watch further calls out the bill for not only seemingly violating India's Supreme Court holding, but also for violating international standards for gender recognition, which require separation of legal and medical processes of gender reassignment. "Self-declared identity should form the basis for access to all social security measures, benefits, and entitlements."

Notably, the bill also includes intersex persons; HRW calls for the parliament to rename the  bill to make it clear that it includes intersex persons and establish additional explicit protections for intersex persons along with transgender persons.

Other changes parliament should make, HRW says, include: prohibiting medically unnecessary procedures on children, requiring the issuing of legal identity documents to interested persons that identify their preferred gender, and emphasizing training of teachers to "adopt inclusive methods" to ensure transgender or intersex children are not harassed, bullied, or discriminated against. 

Says Ganguly: “To enact a law that meets international standards, it’s critical that parliament fully bring transgender people into the conversation."

July 29, 2019 in International, Politics, Reproductive Health & Safety, Sexuality | Permalink | Comments (0)

Wednesday, June 26, 2019

UK Appeal court overturns forced abortion ruling

Jun. 24, 2019 (The Guardian): Appeal court overturns forced abortion ruling, by Harriet Sherwood: 

An appeals court in the UK overturned a recent decision by the court of protection in London, which had ordered a young pregnant woman to have an abortion against her wishes. 

The pregnant woman is in her twenties and suffers from learning and mood disorders, such that her mental capacity is akin to that of a "six to nine-year-old child."

There is no public information as to how the woman got pregnant and a police investigation is ongoing. In the meantime, the woman--now 22-weeks pregnant--and her mother  both wish for the pregnancy to continue and her mother intends to care for the child once born. A social worker agrees that the pregnancy should be allowed to continue. 

Three medical professionals, including one obstetrician and two psychiatrists, with England's National Health Service initiated the legal challenges when they sought permission from the court to terminate the pregnancy.

The court that ordered the termination originally stated that its decision was in the best interests of the woman. The woman's mother, a former midwife, appealed the decision. The appeals court is expected to provide their rationale at a later date. 

Abortions may be performed up to 24 weeks in a pregnancy under Britain’s 1967 Abortion Act.

June 26, 2019 in Abortion, In the Courts, International | Permalink | Comments (0)

Wednesday, June 12, 2019

Botswana's High Court Decriminalizes Gay Sex

Jun. 11, 2019 (The New York Times): Botswana's High Court Decriminalizes Gay Sex, by Kimon de Greef:

A three-judge panel in the capital of Botswana voted unanimously to overturn a colonial-era law banning gay sex in the country. 

"'Human dignity is harmed when minority groups are marginalized,' Judge Michael Leburu said as he delivered the judgment, adding that laws that banned gay sex were 'discriminatory.'"

"Homosexuality has been illegal in Botswana since the late 1800s, when the territory, then known as Bechuanaland, was under British rule." The penal code outlawed “unnatural offenses,” defined as “carnal knowledge against the order of nature.” Violations of this law could result in seven years in prison; a five-year sentence could be imposed just for attempting to have gay sex or engage in any other "homosexual acts." 

The court had the opportunity to strike down the law, because an anonymous gay plaintiff challenged the law's constitutionality. The court had previously upheld Botswana's discriminatory laws in the face of a prior 2003 challenge. 

Last year, India similarly struck down its anti-gay statutory vestiges of colonialsm. 

Unfortunately, other African countries like Kenya have decided the opposite way, upholding laws that criminalize sexuality.

Homophobia is widely entrenched on the continent, with gay sex outlawed in more than 30 countries. In several northern African nations, including Somalia and Sudan, homosexuality is punishable by death; offenders in Sierra Leone, Tanzania and Uganda face life in prison.

Even in countries like South Africa with progressive gay rights legislation, the African continent continues to find "widespread rejection" of homosexuality.

Nonetheless, gay rights groups and LGBTQ activists in Botswana celebrate the historical moment this week that came with the High Court's decision.

June 12, 2019 in Culture, In the Courts, International, Politics, Sexuality | Permalink | Comments (0)

Friday, June 7, 2019

Canada to invest in women’s and girls’ health, also recognizes genocide of Indigenous women

Jun. 4, 2019 (Quartz): Canada will invest $1 billion globally in women's and girls' health every year, by Annabelle  Timsit:

Prime Minister Justin Trudeau announced Canada's new commitment to invest over one billion dollars annually in women's and girls' health. The funding will in large part benefit sexual and reproductive health in the face of growing threats around the world to women's rights, including the right to abortion. 

This funding is an increase from Canada's prior years' commitments and comes with increased focus on supporting "female entrepreneurs, indigenous women, and LGBTQ people."

Allocating funding, among other socio-political resources, to the protection of Indigenous women in particular is especially critical in light of the recent report of the Canadian national inquiry regarding mass killings and disappearances of Indigenous women and girls throughout Canada. (See The New York Times (Jun. 3, 2019), by Ian Austen and Dan Bilefsky).

The three-year inquiry's final report labeled the systemic violence suffered  by the Indigenous populations in Canada "a race-based genocide." It also included over 200 recommendations to implement systemic changes, like reforming police practices and the criminal justice system overall, as well as expansion of Indigenous women's shelters and empowering Indigenous persons to serve on civilian boards overseeing civil services. In addition, the report's authors call for the elevation of Indigenous languages to official languages of Canada, alongside English and French. 

The inquiry, long overdue in the face of pervasive, violent colonialism, was prompted in 2014 when Tina Fontaine, a 15-year-old girl from the Sagkeeng First Nation was found dead in the Manitoba Red River, wrapped in a plastic bag and weighed down with 25 pounds of rocks. The main suspect in her murder was acquitted. 

June 7, 2019 in International, Miscellaneous, Politics, Reproductive Health & Safety, Women, General | Permalink | Comments (0)

Monday, March 11, 2019

New Bill to Classify Reproductive Rights as Human Rights

Rewire.News (Mar. 7, 2019): Here's How Democrats Want to Classify Reproductive Rights as Human Rights, by Katelyn Burns:

The Trump administration's State Department deleted reproductive rights from its human rights report last year. Now, Congressional Democrats have introduced a bill that would require the inclusion of reproductive rights--by way of an accounting of "access to reproductive health care"--in the report.

"The 'Reproductive Rights Are Human Rights Act' was introduced by Democratic caucus vice chair Rep. Katherine Clark (D-MA) and announced at a press conference Thursday [March 7, 2019] along with Rep. Barbara Lee (D-CA) and U.S. Senate co-sponsors Bob Menendez (D-NJ) and Richard Blumenthal (D-CT)."

Representative Clark said:

The way that we are able to protect human rights internationally is through shining a light on the violations. I think what this administration is saying is that we are no longer interested in finding out what is happening with women’s health and monitoring, assessing and protecting women across the globe.

The State Department's annual human rights report is of critical important to the our government, notes Amanda Klasing, acting co-director of the women’s rights division at Human Rights Watch. Congress uses this report in determining appropriations pertaining to foreign assistance, and immigration judges likewise rely on the report in making decisions about pending asylum claims. 

If a woman crosses the border from El Salvador claiming asylum in the United State because she is threatened with jail time in her home country for having a miscarriage, for example, an immigration judge might look to the human rights report to determine whether this is a credible basis on which she may claim asylum.

The information that used to be included on the report was gathered by foreign service officers who had established relationships with health care providers and advocates around the world. These relationship no longer exist under the current administration. Not only is the information foreign service officers previously gathered lost, the contacts that enabled substantial, accurate reporting are gone.

"There will be a minimum of a year or two years for embassies to rebuild meaningful relationships where they can actually be substantially reporting on what’s happening," said Stephanie Schmid, U.S. foreign policy council at the Center for Reproductive Rights (CRR).

Since the deletion of reproductive rights from the report, the CRR has twice sued the State Department under the Freedom of Information Act in an effort to access documentation about the erasure. The newly-proposed bill "mandates that foreign service officers must consult with reproductive health and rights organizations in local communities to gather accurate information for the human rights report."

Advocates for reproductive rights hope this bill will solidify the importance of including reproductive rights among human rights generally.

'There is a sense that there are hard human rights issues and then there are soft human rights issues,' Klasing said. 'The State Department is still reporting on the hard human rights issues like torture, extrajudicial killings, but there’s some flexibility as to whether or not these [reproductive rights] actually qualify as human rights. As somebody who has interviewed both people who have been victims of state sponsored violence, torture, abuse, and people who have had their reproductive rights violated, the feeling of abuse, the feeling of violation is the same. It’s a visceral feeling.'

March 11, 2019 in Congress, Culture, Current Affairs, International, Politics, Reproductive Health & Safety | Permalink | Comments (0)

Saturday, March 9, 2019

Irish ban on funding abortion services in developing world to be lifted

The Irish Times (Mar. 4, 2019): Irish ban on funding abortion services in developing world to be lifted, by Pat Leahy: 

As a result of the 2018 repeal of Ireland's constitutional ban on abortion, Irish foreign humanitarian and development policy is shifting, too. Previously, Irish foreign aid money was generally prohibited from being used to fund abortion services, because such medical and reproductive health programmes were contrary to Irish law. 

Irish Aid, the development aid programme of Ireland's government, is now launching a new initiative on "sexual and reproductive health and rights." The Ministry of Foreign Affairs last week launched its new policy on development aid: "A Better World." The policy has four priorities, including prioritizing gender equality, reducing humanitarian need, climate action, and strengthening governance. The reconsiderations of reproductive health aid are expected to flow from this new policy. 

The main focus of Irish Aid's programmes lies in sub-Saharan Africa, where Ireland has long-standing assistance programs in eight countries. Irish Aid also has established programming in Vietnam, South Africa, and Palestine, among other nations.

The prior Irish policy of withholding funding for abortion services echos the Trump administration's global gag rule pertaining to foreign aid. Programs and policies that police the reproductive health services offered in foreign nations have a significant, negative impact in countries aiming to slow population growth and provide comprehensive health care and education to women and girls. 

March 9, 2019 in Abortion, Abortion Bans, Current Affairs, In the Media, International, Politics, Women, General | Permalink | Comments (0)

Tuesday, March 5, 2019

An 11-Year-Old in Argentina Was Raped. A Hospital Denied Her an Abortion.

The New York Times (Mar. 1, 2019): An 11-Year-Old in Argentina Was Raped. A Hospital Denied Her an Abortion, by Daniel Politi: 

Despite laws in Argentina saying that pregnant people may seek abortions in the case of rape (one of the only instances in which abortion is legal in the country), an 11-year-old rape survivor was denied the abortion she requested and instead forced into a C-section delivery. 

The child was reportedly raped by her grandmother's boyfriend. She discovered her pregnancy at 19 weeks after going to the hospital complaining of severe stomachaches. Both the child and her mother pushed for her to receive the abortion, but doctors administered drugs without consent to hasten the development of the fetus so that she could deliver instead (the doctors told her that they were giving her "vitamins"). 

Fernanda Marchese is the executive director of Human Rights and Social Studies Lawyers of Northeastern Argentina, which is representing Lucía (a pseudonym) and her family. Marchese reports that the hospital permitted anti-abortion activists to enter Lucía’s hospital room, "where they urged her to have the baby, warning that she otherwise would never get to be a mother."

"Reproductive rights groups filed emergency lawsuits that led to a court order instructing the hospital to carry out an abortion at once." The doctors still refused, citing conscientious objections. 

Private sector doctors Cecilia Ousset and José Gigena agreed to conduct the abortion, but because Lucía’s pregnancy was so far along, they decided they had no choice but perform a C-section. Dr. Ousset identified that Lucía’s life was at risk throughout the ordeal in a phone interview with the New York Times. Lucía is now healthy and should be discharged soon. 

Genetic material from the umbilical cord will be studied and possibly used to prosecute the man who is alleged to have raped Lucía. He has already been arrested. 

Although the case has gained notoriety, many say it reflects a reality in parts of Argentina. “In the north of Argentina,” Dr. Ousset said, “there are lots of Lucías and there are lots of professionals who turn their back on them.”

March 5, 2019 in Abortion, Abortion Bans, Anti-Choice Movement, In the Media, International, Medical News, Politics, Pregnancy & Childbirth, Reproductive Health & Safety, Sexual Assault, Women, General | Permalink | Comments (0)

Saturday, February 9, 2019

In Nigeria, Trump administration policies bite hard

Devex (Feb. 5, 2019): In Nigeria, Trump administration policies bite hard, by Paul Adepoju: 

Trump's policies limiting reproductive rights and funding for reproductive health and education services continue to wreak havoc on foreign initiatives aimed at promoting family planning, slowing population growth, and educating girls and women.

Nigerian hospitals and NGOs are facing severe shortages of reproductive health supplies since Trump both cut funding to the United Nations Population Fund (UNFPA) and implemented the "global gag rule," withdrawing funding from any agency that offers abortion-related education or services. 

Nigeria, a middle-income country facing a population boom, lost over 60% of its funding for family planning supplies and services in the year after Trump pulled UNFPA funding. "In 2016, when UNFPA got its last support from the U.S. government, it was able to spend $15,444,880 on family planning in Nigeria. In 2017, it spent just $6,132,632."

Trump justified these funding cuts by promulgating theories that the UNFPA cooperated with coercive abortions and involuntary sterilization, which the UNFPA categorically denies and is readily backed up by multiple human rights organizations.

The rate of contraceptive usage in Nigeria is already very low, and the African country also faces one of the highest maternal mortality rates in the world. 

Several organizations--including Generation Initiative for Women and Youth Network--are on-the-ground in Nigeria working to educate women and provide safe and reliable access to health care to shift these statistics. Their work, though, has been severely limited by the loss of funding as a result of U.S. policies under the Trump administration. 

Erin Williams, program officer for grantmaking and international partnerships at the International Women's Health Coalition, told Devex: 

As a result [of these policies], Nigerian health services will continue to fragment, deteriorate, and decrease, increasing the burden on vulnerable women and girls in search of comprehensive and quality health care. More women will look for contraceptive and pregnancy alternatives outside the medical and legal system.

While much of the justification for pulling U.S. funding relies on anti-abortion ideology, the implications of the policies are much farther-reaching than "just" abortion. Nigeria has slowed in its ability to address maternal health needs generally, including instances of gender-based violence, as well in its ability to address wide-reaching disease concerns like the spread of malaria and tuberculosis. Furthermore, the policy-shift has actually led to increased numbers of abortions throughout Sub-Saharan Africa in the countries hit hardest by the loss of funding. 

Congress this week is set to introduce the Global Health, Empowerment and Rights Act, which would repeal the global gag rule permanently and help to ensure consistent reproductive health care around the world. It is unlikely to be passed by the Republican-controlled Senate, however, or to be signed by Trump. 

February 9, 2019 in Abortion, Anti-Choice Movement, Contraception, Current Affairs, International, Medical News, Politics, Poverty, Pregnancy & Childbirth, President/Executive Branch, Reproductive Health & Safety, Women, General | Permalink | Comments (0)

Friday, February 8, 2019

NY’s Reproductive Health Act is Not Radical; It Simply Recognizes that the Lives and Dignity of Pregnant People Count Too

NY’s Reproductive Health Act is Not Radical; It Simply Recognizes that the Lives and Dignity of Pregnant People Count Too (Feb. 7, 2019), by Cynthia Soohoo:

Not surprisingly, President Trump’s attack on New York’s Reproductive Health Act during Tuesday night’s State of the Union address blatantly mischaracterized the RHA. But it also underscores a glaring gap in anti-abortion advocates’ pro-life views -- the right to life and dignity of people who are pregnant.

The RHA continues to recognize a state interest in fetal life and prohibits abortions after 24 weeks in almost all circumstances. However, the law also recognizes that in some situations, denying a pregnant person the ability to end a pregnancy imposes serious and irreparable harm on her, including situations where the pregnancy endangers her life and health. And in those situations, the state cannot force the pregnant woman to continue the pregnancy against her will. This is consistent with current Supreme Court jurisprudence and international human rights law. The UN Human Rights Committee made this explicit in a recent General Comment clarifying that while states can regulate abortions, they should not do so in a manner that violates the right to life of the pregnant person or her fundamental human rights.

The RHA does no more than protect the human rights of pregnant people. The law only allows abortions post-24 weeks in two situations. First, abortions are allowed where the fetus will not survive outside of the womb. The RHA recognizes that a woman should not be forced to continue what was often a wanted pregnancy -- knowing that the fetus will not survive -- against her will. In such cases, the state’s interest in protecting a viable fetus is not at issue, and human rights experts have held that denying a woman access to an abortion in these circumstances is cruel, inhuman and degrading treatment.  

Second, the RHA allows a woman to have an abortion where continuing the pregnancy endangers her life or health. Some women may choose to continue pregnancies in these circumstances. But the RHA acknowledges that the pregnant person must be allowed to make her own choice taking into account the risk that she faces and the impact her death or disability would have on her family and community.

In both situations covered by the RHA, human rights experts have held that state denial of an abortion violates the human rights of the pregnant person. In fact, concern over state prohibition of abortions in those circumstances led UN human rights experts to write to the U.S. to encourage passage of laws like the Reproductive Health Act. This is not a radical position. It is merely the recognition of the value of the life and dignity of pregnant people. The failure of critics of the RHA to understand this is a glaring gap in their “pro-life” views.

February 8, 2019 in Abortion, Current Affairs, In the Media, International, Politics, Pregnancy & Childbirth, President/Executive Branch, Reproductive Health & Safety, State Legislatures, Women, General | Permalink | Comments (0)

Tuesday, December 18, 2018

El Salvador court frees Imelda Cortez, jailed under anti-abortion laws

BBC News (Dec. 18, 2018): El Salvador court frees woman jailed under anti-abortion laws, by BBC News:

A woman who was jailed for attempted murder under El Salvador's strict anti-abortion laws has been freed.

Imelda Cortez, 20, says she became pregnant by her stepfather who sexually abused her for many years. Doctors suspected she had tried to perform an abortion after she gave birth to a baby girl in a latrine in April 2017. The child survived, but Imelda Cortez was arrested and spent more than 18 months in jail as she awaited trial. Prosecutors argued that her failure to tell anyone about the pregnancy and seek medical help after giving birth constituted attempted murder, which carries a possible 20-year sentence in El Salvador.

On Monday, however, a court ruled that Cortez, who was unaware that she was pregnant, had not sought an abortion. Cortez's lawyers said that to avoid a harsher sentence, she had admitted to neglecting her newborn baby, which carries a one-year jail term. The court ultimately decided to dismiss that offense and told Cortez she was free to go home.

"This sentence... represents hope for women who are still in prison and are also being tried for aggravated homicide," defense attorney Ana Martinez told reporters following the verdict.

El Salvador is one of several countries in the world where abortion is completely banned and carries heavy penalties. While the country is not alone in Latin America in having a total ban on abortions, it is particularly strict in the way it enforces the ban: doctors have to inform the authorities if they think a woman has tried to end her pregnancy. If they fail to report such cases, they too could face long sentences in jail.

Human rights groups are calling this enforcement of the ban a criminalization of miscarriages and medical emergencies, with more than 100 people convicted in El Salvador since 2000.

December 18, 2018 in Abortion, Abortion Bans, In the Courts, International | Permalink | Comments (0)

Wednesday, November 14, 2018

More women in poor countries use contraception, says report

AP (Nov. 12, 2018): More women in poor countries use contraception, says report, by Ignatius Ssuuna and Rodney Muhumuza: 

A report released this week states that modern contraception is effectively expanding and becoming more commonplace in developing countries throughout the world.

The report--issued by Family Planning 2020, a U.N.-backed international advocacy group--cites that there are 46 million more users of contraception in the world's 69 poorest countries in 2018 than there were in 2012. 

Access to modern contraception helped prevent over 119 million unintended pregnancies and averted 20 million unsafe abortions between July 2017 and July 2018, although populations continue to soar across Africa and other low income countries, the report said.

'The best way to overcome this challenge of rapid population growth is by giving women and girls (the) opportunity to decide how many children they want to have,' Beth Schlachter, executive director of Family Planning 2020, told The Associated Press.

Many of the countries included in the report are in sub-Saharan Africa. The birth rate in this part of the world is about 5.1 births per woman, according to a recent U.N. global population report. "Over half of the global population growth between now and 2050 will take place in Africa, according to U.N. figures." Despite the growing fertility rates in Africa, contraceptive use is growing fastest in this region of the world as well. 

Options for various contraceptive methods--including short-term, long-lasting, emergency, and permanent--have significantly expanded in many of the countries analyzed in the report.

Many millions of people who wish to delay or prevent pregnancy, however, still do not have adequate access to birth control. Lack of information--including perceived side-effects of medications as well as societal disapproval--deter many from finding the right contraceptive method for them.

The goal of Family Planning 2020 is to bring contraception to "120 million more women and girls in developing countries by the year 2020." Donors have committed millions of dollars to meet this goal. 

 

November 14, 2018 in Contraception, International, Medical News, Poverty | Permalink | Comments (0)

Tuesday, November 13, 2018

Woman who bore rapist’s baby faces 20 years in El Salvador jail

The Guardian (Nov. 12, 2018): Woman who bore rapist’s baby faces 20 years in El Salvador jail, by Nina Lakhani: 

In the wake of fetal personhood, or similar, ballot measures being proposed and passed throughout the U.S., it's important to look to other countries where abortion is criminalized to see the effects of living in a world where abortion and those who seek or perform them are punished.

A survivor of habitual sexual abuse by her grandfather has been imprisoned in El Salvador since April 2017 on charges of attempted murder. Last April, Imelda Cortez, then 20-years-old, gave birth to a child fathered by her rapist.  She experienced intense pain and bleeding before the birth, which caused her mother to bring her to the hospital. The doctors there suspected an attempted abortion and called the police. The baby was born alive and well, but Imelda has never been able to hold her, as she's been in custody since her time in the hospital last year. 

Authorities conducted a paternity test, which confirmed Imelda's claims of rape, yet her grandfather has not been charged with any crime. Imelda's criminal trial began this week and a decision from a three judge panel is expected next week. 

Abortion is illegal in all circumstances--no exceptions--in El Salvador. The strict ban has led to severe persecution of pregnant people throughout the country, often most heavily affecting impoverished, rural-living people. Most people accused of abortion simply experienced a pregnancy complication, including miscarriage and stillbirth.

This pattern of prosecutions targeting a particular demographic suggests a discriminatory state policy which violates multiple human rights, according to Paula Avila-Guillen, director of Latin America Initiatives at the New York based Women’s Equality Centre. Cortez’s case is a stark illustration of how the law criminalises victims.

Abortion has been criminalized in El Salvador for 21 years. While a bill was drafted nearly two years ago--with public and medical support--aiming to reform the system and relax the ban to allow the option of abortion at least in certain cases (for example, rape, human trafficking, an unviable fetus, or threat to a pregnant person's life), it remains stuck in committee and is not expected to make it to vote. 

 

November 13, 2018 in Abortion, Abortion Bans, Current Affairs, In the Courts, International, Politics, Poverty, Pregnancy & Childbirth, Reproductive Health & Safety, Sexual Assault, Women, General | Permalink | Comments (0)

Monday, October 22, 2018

Queensland parliament votes to legalize abortion

The Guardian (Oct. 17, 2018): Queensland parliament votes to legalise abortion, by Ben Smee:

Abortion will become legal in Queensland after the Australian state’s parliament voted to support new legislation and erase a 119-year-old “morality” section of its criminal code.

Loud cheers in the legislative assembly chamber on Wednesday evening brought an end to a 50-year struggle by women’s groups in a state once notorious for its conservative politics.

Abortion was codified as an “offence against morality” under the Queensland criminal code, which the current premier, Annastacia Palaszczuk, said in parliament was written before women had the right to vote.

Both the Labor and the Liberal National party granted their members a conscience vote, and most expected a close result. In the end, the laws passed 50-41.

Abortion will become legal until 22 weeks gestation, and after 22 weeks with the approval of two doctors. Safe access zones will restrict protesters and people who harass patients from coming within 150 meters of abortion clinics. Doctors under the law may refuse to treat a woman on moral grounds, but will also be legally required to refer patients to another medical practitioner.

Children by Choice, the all-options counselling service, was at the forefront of debates about abortion in Queensland for decades.

“Children by Choice has been fighting for this important reform to cruel and archaic laws since 1972 and we are so proud of all of the people who have advocated on behalf of Queenslanders who couldn’t advocate for themselves,” Children by Choice manager Daile Kelleher said.

The anti-abortion group Cherish Life put out a statement vowing to continue its campaign and to target Queensland members of parliament who supported the new laws at the next state election.

October 22, 2018 in Abortion, Abortion Bans, International, Politics, Pro-Choice Movement | Permalink | Comments (0)

Friday, October 19, 2018

International Federation of Gynecology and Obstetrics Speaks Out on Violence Against Women

FIGO.org (Oct. 16, 2018): International Federation of Gynecology and Obstetrics (FIGO) Speaks Out on Violence Against Women:

The International Federation of Gynecology and Obstetrics (Fédération Internationale de Gynécologie et d'Obstétrique - FIGO) is a global organization that represents national societies of obstetricians and gynecologists. FIGO is meeting for their XXII World Congress in Rio de Janeiro this week. Early in the week FIGO announced, in partnership with the World Health Organization (WHO), a Global Declaration on Violence Against Women, citing stark statistics of the violence women suffer and the wide-reaching effects of such harm, including on reproductive health and safety. 

The organizations found that 35% of women worldwide have experienced physical and/or sexual violence in their lifetimes. Most of this violence is committed by intimate partners. Circumstances of unrest, armed conflict, and displacement exacerbate the statistics. Women in South Sudan, for example, experience intimate partner violence at a rate double the global average. 

This violence has many health impacts--some permanent--including unwanted pregnancy, serious injury, sexually transmitted infections, chronic pain, gynecologic problems, and fistula, among others.
 
WHO estimated that women who have been physically or sexually abused by a partner are 16% more likely to have a low-birth-weight baby.They are more than twice as likely to have an abortion, almost twice as likely to experience depression, and, 1.5 times more likely to acquire an STI, and in some regions, HIV, as compared to women who have not experienced partner violence.
 
Health services are critical for supporting survivors to heal, recover and thrive. If accessed in time, health services can prevent unwanted pregnancies and the transmission of HIV, STIs, following rape. Unfortunately, these services are often not available and survivors lack access to basic, lifesaving care.

The Declaration on Violence Against Women announces members' dedication to, among other things, promoting women's health and rights, including sexual and reproductive rights. It announces concern over the "global public health problem" of violence against women and how it affects women physically, mentally, and sexually as well as how the violence affects the children of surviving women.

The Declaration concludes with several calls to action, urging delegates' governments to ratify CEDAW (the Convention on the Elimination of all Forms of Discrimination Against Women) and ensure the treaty's thorough implementation. It also calls for strengthened health systems, better allocation of budgets and resources to prevent and respond to violence, and the promotion of widely-available health services. The Declaration further advises obstetricians and gynecologists to "advocate for strategies to address violence against women in their communities, towns, cities or countries and [to] collaborate with civil society and voluntary organizations, particularly women’s health and rights organizations, which advocate for women affected by violence"

The World Congress continues to meet through the end of this week. 

 

October 19, 2018 in Conferences and Symposia, Culture, International, Reproductive Health & Safety, Women, General | Permalink | Comments (1)

Thursday, October 11, 2018

When Abortion Is Illegal, Women Suffer

The Atlantic (Oct. 11, 2018): When Abortion Is Illegal, Women Rarely Die. But They Still Suffer, by Olga Khazan:

On Thursday, The Atlantic published a piece surveying nations that maintain bans on abortion, in light of the belief that abortion is expected to become further restricted with Brett Kavanaugh on the Supreme Court.

Khazan writes that legal experts believe the majority-conservative court likely won’t overturn Roe v. Wade, but rather will chip away at abortion rights by narrowing the circumstances in which a woman can obtain the procedure. Still, abortion rights advocates fear that increasing restrictions will force low-income women into desperate situations and increase the rate of self-managed abortion, in which interest has spiked in recent years as access to safe and legal abortion erodes in many states.

If other countries provide guidance, Khazan writes, "abortion restrictions won’t reduce the number of abortions that take place." According to the Guttmacher Institute, abortion rates in countries where abortion is legal are similar to those in countries where it’s illegal, and in countries where abortion is illegal, botched abortions still cause about 8% to 11% of all maternal deaths, or about 30,000 deaths each year.

But, Khazan observes, doctors have gotten better at controlling bleeding in recent decades, and there has also been a major revolution in how clandestine abortions are performed thanks to medication abortion (mifepristone and misoprostol).

Mifepristone and misoprostol have made Brazil's rate of treatment for severe complications from abortion decline by 76 percent since 1992. In Latin America overall, the rate of complications from abortions declined by one-third since 2005.

Meanwhile, in El Salvador abortion is illegal, but one in three pregnancies still ends in abortion. Many women there who want to abort their pregnancies, Khazan finds, obtain misoprostol on the streets.

"Those who have internet access and reading skills can look up information about how to take it properly."

Federal prosecutors in El Salvador are known to visit hospitals and encourage doctors to report to authorities any women who are suspected of self-inducing their abortions. But because federal prosecutors are only visiting public hospitals and not private hospitals, poor women are much more likely to be reported for their illegal abortions than rich women.

In Brazil, where abortion is also illegal, about 250,000 women are hospitalized from complications from abortions, and about 200 women a year die from the complications. About 300 abortion-related criminal cases were registered against Brazilian women in 2017.

In Ireland prior to the repeal of its criminal abortion ban, women would travel to England to get the procedure—often using a fake English address so they could get the procedure for free under the United Kingdom’s National Health Service. Others, Khazan writes, "would order abortion pills from Women on Web, a Canada-based service that ships the pills to women in countries where abortion is illegal."

Whether a self-induced abortion is dangerous likely depends on where a woman gets her pills and what kind of information is available to assist her. Irish women’s outcomes were better than the Brazilian women’s possibly because they had access to regulated services like Women on Web. Brazilian customs officials, meanwhile, confiscate shipments of medication abortion into the country, forcing women to turn to the black market.

The American market for abortion drugs will boom under a Kavanaugh Supreme Court, says Michelle Oberman, a Santa Clara University law professor, but it will also become more difficult to penalize abortion providers for illegal abortions, since with medication abortion there is no doctor, only the woman. In that case, Oberman says, “everything I saw [in Ireland] will happen here”: the hospital reports, the prosecutions, the jail sentences.

Many states have already prosecuted women for doing drugs while pregnant or for otherwise allegedly harming their fetuses. Overwhelmingly, those punished tend to be poor women and women of color.

October 11, 2018 in Abortion, Abortion Bans, Incarcerated Women, International, Politics, Religion and Reproductive Rights | Permalink | Comments (0)

Tuesday, October 9, 2018

Irish Parliament Debates Bill to Legalize Abortion

BBC News (Oct. 4, 2018): Irish Parliament Debates Bill to Legalise Abortion, by Deirdre Finnerty:

The Irish parliament is debating legislation to legalize abortion services nationwide. It is the first time the Irish parliament has addressed the issue since the Eighth Amendment - a near total constitutional ban on abortion - was removed by referendum in May.

Irish Health Minister Simon Harris hopes abortion services will be available in Ireland starting in January.

Known as the Regulation of the Termination of Pregnancy Bill, the legislation allows for abortion services to be provided "on demand" up to the 12th week of a pregnancy, and in the case of a fatal fetal abnormality or where the physical or mental health of the mother is in danger.

Harris has said that abortion would be made available free of charge.

Introducing the bill in the Irish assembly, Harris said the referendum was a resounding affirmation of support for right of women to make choices about their lives.

"More on women's health, women's equality, more on continuing to shape an inclusive and equal society," said Harris.

Separate legislation will be introduced at a later date to allow for "safe access" zones - designated areas that prevent protests around abortion providers.

The Irish government must work with doctors to implement services and provide training and support. Dr. Mary Favier, founder of Doctors for Choice, told the Irish Times that planning for abortion by the Department of Health had been "a shambles."

"There's been no clinical lead appointments. There's been no technical round tables established. There's been effectively no meetings held," she said.

Mike Thompson, a general practitioner in east Cork, told the BBC that the government's proposed timeline of January 2019 was "ambitious" and "challenging."

"Unless there is a clear and robust guideline, no GP will provide the service. It has to be safe," Dr. Thompson said.

Earlier, anti-abortion doctors said they did not wish to be forced to refer a pregnant woman seeking a termination to another doctor. A bill allowing for doctors to opt out of providing a medical or surgical abortion if they do not wish to perform the procedure was introduced in the Irish parliament earlier this year. The legislation requires that doctors refer a woman seeking an abortion to another doctor who will perform the abortion.

The health minister said that conscientious objection was one thing, but refusing to refer women wishing to terminate their pregnancies to other doctors was quite another.

It is unclear how a small number of doctors objecting to providing abortion care will affect the rollout of abortion services in Ireland.

October 9, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, International, Politics, Religion and Reproductive Rights | Permalink | Comments (0)

Wednesday, September 19, 2018

Women--and Robust Reproductive Rights--Are Key to Solving Climate Crisis

Sierra (Sept. 18, 2018): Climate Activists Say Women Are Key to Solving the Climate Crisis, by Wendy Becktold: 

Last week, San Francisco hosted the Global Climate Action Summit (GCAS). The three-day conference brought together heads of state, policy makers, scientists, and leaders from civil society to discuss clean energy and averting catastrophic climate change. One of the recurring topics focused on the necessity of investing in women's rights, including sexual and reproductive rights, in combating climate crises. 

Decades of research indicate that investing in women's rights can dramatically contribute to addressing both development and climate challenges around the globe. In particular, access to education and robust reproductive rights strengthens opportunities for women worldwide. Supporting women is proven to translate to more sustainable development including the promotion of clean energy over fossil fuels.

"Access to reproductive health services is...key to reducing pressure on natural resources." A lack of access to contraception, for example, leads to many millions of unplanned pregnancies, which in turn can prevent women from creating the productive and sustainable systems they would otherwise be able to contribute to. Better education can also reduce birth rates and further improve the livelihood of women around the world.

In poorer parts of the world, women produce 60-80 percent of food crops. Providing women with better education and resources such as access to small business loans (like their male counterparts often have) could could reduce the number of people who go hungry around the world by 150 million. 

Many summit conversations at the conference, in addition to countless side events, highlighted the shared frustrations of women around the world.

Some climate activists found the summit’s emphasis on high tech solutions exasperating. 'There’s often a focus on techno fixes,' said Burns [of the Women’s Environment and Development Organization], 'when for years, we’ve been saying that investing in women’s human rights is how we can address climate change. There is still this huge disconnect between the rhetoric and the solutions that are coming from feminists and frontline voices.'

"Women are also disproportionately affected by climate change," in part because global warming reaches the impoverished first and most people living in poverty are women. 

The conversations at the GCAS highlighted how integral reproductive rights and support of women's opportunities are to innumerable issues. The ripple-effect of guaranteeing sexual and reproductive rights, the research shows, extends far past simply being able to plan a pregnancy; such support builds up communities around the globe, reduces poverty, and has the power to fight behemoth challenges like climate change as well. 

September 19, 2018 in Conferences and Symposia, Contraception, International, Miscellaneous, Politics, Poverty, Pregnancy & Childbirth, Reproductive Health & Safety, Scholarship and Research, Women, General | Permalink | Comments (0)

Thursday, September 13, 2018

Northern Ireland women may not be able to access abortion pills in England

BBC News (Sept. 13, 2018): NI women may not be able to access abortion pills in England, by Emma Vardy:

Women from Northern Ireland who travel to Britain for abortion care may not be able to access abortion pills. On average, each week 28 women travel from Northern Ireland to England for abortion care because, unlike the rest of the UK, the 1967 Abortion Act does not extend to Northern Ireland.

England allows women to take medication abortion at home, but patients may have to prove residency before being able to do so.

Northern Irish Labour MP Stella Creasy has backed access to the pills for women in NI. Speaking in the Commons, she said: "In Scotland there is a residency test for the abortion pill, which if it is copied in England would deny women coming from Northern Ireland this choice of procedure. 

"Let's get on and give our Northern Irish sisters the right to access healthcare and abortion at home, just as our sisters around the rest of the UK have."

The Department for Health only has the power to approve English homes as a place patients can legally take the abortion pill, according to Victoria Atkins, the Minister for Women and Equalities. However, Ms. Atkins said the definition of what "home" means is yet to be clarified.

"Officials are working with the Royal College of Obstetricians and Gynaecologists to determine protocol which will set out criteria for which places should be covered by the term 'home'... We will look at how the (early abortion pill) schemes are working in Scotland and Wales and learn from the experience there."

Northern Ireland is the only part of the United Kingdom where abortion is illegal in most circumstances. Previous attempts to change the law were blocked within the Northern Ireland Assembly, but there may now be enough support among Assembly members to overturn the ban. However, the devolved NI government has not sat since power-sharing collapsed in January 2017.

In June, UK Supreme Court judges said that Northern Ireland's abortion law violates human rights and called the current ban "untenable."

Ms. Atkins said: "We call upon those representatives in Northern Ireland to get their act together and get the Assembly working again so that Northern Ireland people can make their decision."

September 13, 2018 in Abortion, Abortion Bans, In the Courts, International, Politics | Permalink | Comments (0)

Saturday, September 8, 2018

India Strikes Down Colonial-Era Ban on Gay Sex

The New York Times (Sept. 6, 2018): India Strikes Down Colonial-Era Ban on Gay Sex, by Jeffrey Gettleman, Kai Schultz, and Suhasini Raj:

India's Supreme Court unanimously struck down a ban on consensual gay sex, a remnant of the country's colonial past and one of the oldest bans of its kind. The Court called the law "irrational, indefensible and manifestly arbitrary." 

The Court's decision came after weeks of deliberation, years of legal arguments, and decades of activism. Human rights advocates in India and around the world celebrated as India joined the growing list of countries granting full rights to gay-identifying people. Similar laws have been overturned in the United States, Canada, England, and Nepal, among others. 

In 2009, a court in New Delhi had ruled that the law could not be applied to consensual sex, but religious resistance to this decision followed by an appeal led to the restoration of the full law in 2013. The court deferred at that point to the Parliament and claimed the law only applied to a "minuscule fraction of the country."

In 2016, activists rallied five brave plaintiffs identifying as gay and lesbian Indians who alleged their rights to equality and liberty were violated under the law (Section 377). Eventually, more than two dozen additional Indians joined the case while it was pending before the Supreme Court.

The September 2018 decision struck down the prohibition against gay sex, and the Court also made illegal all discrimination based on sexuality, extending "all constitutional protections under Indian law" to gay people.

The law was written in the mid-19th century and applied to "unnatural sexual acts." The law, which criminalized people who engaged in "intercourse against the order of nature," remains on the books to apply to cases of bestiality, for example, but now no longer can be used against consensual sex. “'History owes an apology to members of the community for the delay in ensuring their rights,' Justice Indu Malhotra said."

Menaka Guruswamy was one of the lead attorneys representing the petitioners. This decision is a "huge win" she said. The lawyers' arguments centered on the legal issues but also embraced pleas to the Justices to recognize the humanity of those who have been affected by Section 377 for decades.

The law is notably a vestige of British colonialism. Hinduism, the dominant religion in India, is generally permissive of same-sex relationships, but levels of tolerance were eviscerated under British rule. The British leaders implemented Section 377, which imposed a life sentence on those in violation. While the law has been greatly limited, India remains a conservative country in many ways, and fundamentalist groups across religions--Hindu, Muslim, and Christian--protested the decision.

In recent years, though, many more Indians have come out, identifying publicly as gay, lesbian, and transgender. Now that these lifestyles are no longer criminalized, Indian activists hope that many more Indians will come out and be embraced by their country. 

September 8, 2018 in Culture, Current Affairs, In the Courts, International, Politics, Religion, Religion and Reproductive Rights | Permalink | Comments (0)

Sunday, August 12, 2018

Argentina's Senate Narrowly Rejects Legalizing Abortion

Aug. 9, 2018 (New York Times): Argentina's Senate Narrowly Rejects Legalizing Abortion, by Daniel Politi and Ernesto Londoño:

After 16 hours of deliberation, Argentina’s Senate narrowly rejected a bill to legalize abortion on Thursday, dealing a painful defeat to a vocal grass-roots movement that pushed reproductive rights to the top of Argentina's legislative agenda and galvanized abortion rights activist groups throughout Latin America, including in Brazil and Chile.

As legislators debated the bill into the early hours of Thursday morning, thousands waited outside the Congress Building in Buenos Aires, weathering the winter cold.

Supporters of the legislation, which would have legalized abortion care during the first 14 weeks of pregnancy, had hoped Argentina would begin a sea change in reproductive rights in a largely Catholic region where 97 percent of women live in countries that ban abortion or allow it only in rare instances.

In the end, 38 legislators voted against legalization, 31 voted in favor, and 2 legislators abstained.

Opposition in Argentina hardened as Catholic Church leaders spoke out forcefully against abortion from the pulpit and senators from conservative provinces came under intense pressure to stand against legalization.

While the bill's failure is considered a major setback for the activists who backed it, analysts said the abortion rights movement has already brought change to Central and South America in ways that would have been impossible just years ago.

On Wednesday, demonstrators rallied in support of the Argentine bill in Uruguay, Mexico, Peru, and Chile, where they gathered in front of the Argentine Embassy in Santiago, chanting and wearing the green handkerchiefs that became the symbol of Argentina’s abortion rights movement.

Recently, activists in Argentina scored a victory with the passage of a law that seeks to have an equal number of male and female lawmakers.

"If we make a list of the things we’ve gained and the things we’ve lost, the list of things we’ve gained is much bigger,” said Edurne Cárdenas, a lawyer at the Center for Legal and Social Studies, a human rights group in Argentina that favors legalized abortion. “Sooner or later, this will be law.”

In the region, only Uruguay, Cuba, Guyana and Mexico City allow any woman to have an early-term abortion.

For Argentina, the debate over abortion has tugged at the country’s sense of self. It is the birthplace of Pope Francis, the leader of the world’s Catholics, who recently denounced abortion as the “white glove” equivalent of the Nazi-era eugenics program. Recently, though, the country has begun shifting away from its conservative Catholic roots. In 2010, Argentina became the first country in Latin America to allow gay couples to wed. Francis, then the archbishop of Buenos Aires, called that bill a “destructive attack on God’s plan.”

The organized movement that pushed the failed bill started in 2015 with the brutal murder of a pregnant 14-year-old girl by her teenage boyfriend. Her mother claimed the boyfriend’s family didn’t want her to have the baby. As debates about violence against women on social media grew into wider conversations about women’s rights, young female lawmakers gave a fresh push to an abortion bill that had been presented repeatedly in the past without going anywhere.

In June, the lower house of the Argentine Congress narrowly approved a bill allowing women to terminate pregnancy in the first 14 weeks. Current law allows abortions only in cases of rape or when a mother’s life is in danger. While the measure failed in the Senate this week, it made some inroads: among the senators who voted for it was Cristina Fernández de Kirchner, who as president had opposed legalizing abortion.

“Society as a whole has moved forward on this issue,” said Claudia Piñeiro, a writer and abortion-rights activist in Argentina. “Church and state are supposed to be separate, but we’re coming to realize that is far from the case,” Ms. Piñeiro said as it became clearer that the push for legalization would lose.

“That will be the next battle.”

August 12, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, Culture, International, Politics, Pro-Choice Movement, Religion and Reproductive Rights | Permalink | Comments (0)