Reproductive Rights Prof Blog

Women and Rohingya Fear Continued Military Rule in Myanmar

By Shelby Logan (June 8, 2021)

It has been four months since the February 1st military takeover of the civilian government of Myanmar. Not only did the coup stifle democracy: It endangers women in Myanmar as the military has a history of gender-based violence. Activists fear that continued control would result in a rollback of hard-won women’s rights, but even more immediate are the ramifications of military rule for the Rohingya.

The military coup puts the livelihood of 600,000 Rohingya, currently living in Myanmar, in jeopardy. Since August of 2016, the Burmese Military, Border Guard, and police forces have conducted a systematic campaign of brutal violence against Rohingya Muslims in Myanmar’s Northern Rakhine State, with Rohingya women bearing the brunt. The Rohingya have been denied free movement, citizenship rights, access to healthcare, the right to marry and the right to choose how many children to bear. 

Before the coup, the military’s persecution of the Rohingya had already escalated to the point where, the Pre-Trial Chamber of the ICC authorized an investigation into crimes against the Rohingya that are within the Court's jurisdiction. Because Myanamar is not a party to the ICC, the investigation is limited to crimes where one of the elements or part of the crime took place in Bangladesh, a state party to the Rome Statute.

More recently, The Gambia filed a case on behalf of the Rohingya against Myanmar with the International Court of Justice alleging violation of the Genocide Convention. The complaint identifies elements indicating genocidal intent: among them, the restrictions on the Rohingya’s ability to marry and bear children, the prevention of free movement including internment in detention camps, and hate campaigns aimed at demonizing the group. The complaint lists genocidal acts including mass executions of Rohingya men, the targeting of children, and the massive scale commission of rape and sexual violence against women.

Although the United States announced sanctions targeting the leaders of the coup, many were already subject to sanctions for the military’s treatment of the Rohingya in recent years, proving that sanctions have been inefficient in stemming the violence. History has shown the consequence of allowing genocide to go unpunished. The international community must work together to force Myanmar to cease its heinous treatment of the Rohingya. 

A New UN Report Documents How Marital Rape Laws Violate the Right to Bodily Autonomy

By Shelby Logan (April 27, 2021)

This month, the  United Nations Population Fund (UNFPA) issued a report on women's bodily autonomy detailing scenarios in which rapists in 20 countries can marry their victims, often against their will, to escape criminal prosecution. In Russia, for example, if an 18 year old statutorily rapes a minor younger than 16, the perpetrator is exempt from punishment if they marry the survivor. These laws, and other laws discussed in the report, deny women bodily autonomy and reflect archaic and discriminatory views about women and girls' right and ability to decide whether or when to have sex.

“Marry Your Rapist” laws deny justice to survivors and signal that rape is not a serious crime. The laws also put survivors at risk for continued abuse and perpetuate stigma against them. Human rights activists fear that even if these laws are abolished, families may still coerce women and girls who become pregnant as a result of rape into marrying their attackers in countries where abortion is criminalized and there are barriers to getting birth certificates for children born out of wedlock.

UNFPA reports that fifty percent of women in 57 countries that were analyzed in the report are denied the right to  make their own decisions about having sex, using contraception, or seek reproductive healthcare. In addition to "Marry Your Rapist" laws, 43 countries have no legislation criminalizing marital rape.  Further, it is estimated that there are 650 million women alive today who were married before the age of 18 and every year an additional 12 million girls are married before they become adults.

Although all but one of the world’s countries has ratified the Convention on the Rights of the Child, many countries still allow marriage under the age of 18, sometimes with the consent of a parent, guardian, judge or other governmental official. Many countries that prohibit these types of marriage by law still struggle to prevent child marriage. Much like the forced unions resulting from “Marry Your Rapist” laws, many of these marriages take place in traditional or religious ceremonies and are never registered with civil authorities. 

Yet, as much as there is a tremendous amount of work to be done, progress is slowly being made. Tunisia, Jordan, and most recently, Lebanon, repealed and reformed clauses within their penal codes that enabled perpetrators to evade prosecution by marrying the women they raped. In August 2017, Lebanon removed a discriminatory legal provision related to article 522 of the Lebanese Penal Code after a successful nationwide advocacy campaign led by UN Women Lebanon and ABAAD Institution for Gender Equality. Activists mobilized during the 16 Days of Activism against Gender-Based Violence to strengthen legislation to protect women and girls from sexual violence and exploitation and to spur broader changes of  societal norms.  All three countries also closed loopholes that enabled families to force women into marriage with their rapists to prevent the social stigma of pre-marital sex. 

These changes are historic legal victories for women’s movements in the protection of bodily autonomy, and examples of the path forward to combatting these patriarchal laws. By centering the stories of real women harmed by these violent policies, advocates are demonstrating how passionate and skillful activism can bring about landmark change and provide a blueprint for legal reform in the countries where these harmful laws remain. 

Manuela v. El Salvador Could Affect Abortion Law Across the Americas

By Shelby Logan (April 6, 2021)

In 2008, Manuela, a 33-year-old Salvadoran, had a miscarriage at home. When she lost consciousness, concerned family and friends took her to a hospital in San Francisco Gotera, a small town in eastern El Salvador. When Manuela was discharged some days later, instead of returning home, she was taken to jail.

Manuela (the pseudonym used to protect her family’s identity) was accused of having an abortion and charged with aggravated homicide.

She had been reported to the police by hospital staff. Because her pregnancy occurred outside of marriage, they believed Manuela, a mother of two young children, must have tried to abort. Manuela, who could neither read nor write, was not provided legal counsel while being questioned. After a process in which she was represented by three different public defenders, Manuela was sentenced to 30 years in prison. While the doctors focused on criminalizing her obstetric emergency, they missed a large mass in Manuela’s neck and, while in prison, she was diagnosed with cancer. She died behind bars two years later.

On March 10, 2021, the Inter-American Court of Human Rights heard the first arguments in Manuela y Otros v. El Salvador, marking the first time a Latin American country's anti-abortion law and its effect on women's health and human rights, have been challenged in an international court.

Manuela’s story had motivated an international slate of activists who brought her case to the Inter-American Commission on Human Rights in 2012. Finding that Manuela’s fair-trial rights had been violated, the Commission referred the petition to its judicial affiliate, the Inter-American Court of Human Rights. Almost nine years to the day after they brought Manuela’s case to the Commission, last month, an international coalition of groups argued before the Court for reparations for Manuela’s family and asked that the Court compel the Salvadoran state to take public responsibility for not guaranteeing the human right of Manuela and others like her to life and health.

El Salvador has among the world’s most strict abortion law, outlawing the procedure entirely. This includes special instances where a child was conceived by rape or incest or where the health of mother or child is at risk. In the last 20 years, at least 181 women who experienced obstetric emergencies were prosecuted for abortion or aggravated homicide just like Manuela.

Activists continue to express that a total ban on abortion further develops a culture of systemic discrimination and gender-based violence, one that disproportionately affects women in vulnerable situations. They are arguing that El Salvador’s mandatory reporting of obstetric emergencies to the police is a violation of women’s right to privacy and health, a human rights violation.

The plaintiffs have asked the Court to hold El Salvador accountable for laws that deny and criminalize reproductive health, and cause violence against women who suffer obstetric emergencies.

The Court’s decision, due to be released this year, is expected to create jurisprudence within the Inter-American Human Rights system. Including El Salvador, 20 states in Latin America and the Caribbean have recognized the Court’s jurisdiction. The Court can require the payment of reparations to victims but, more significantly, it can order structural and normative changes to State practice.

It is activists’ hope that the Inter-American Court of Human Rights' decision becomes a path for justice and hope for all women in Latin America and the Caribbean who are criminalized for their obstetric and reproductive processes and needs.

The ICC's Ongwen Decision Is a Leap Forward in Accountability for Gender-Based Crimes

By Shelby Logan (March 9, 2021)

On International Women's Day this Monday, gender justice activists worldwide were able to celebrate a long-awaited victory. In February, for the first time in history, the International Criminal Court (ICC) convicted an individual for forced pregnancy as a war crime. The Court, in a landmark verdict, found Dominic Ongwen of Uganda, a former commander in the militaristic anti-government group Lord’s Resistance Army, guilty of 61 charges, including the widest range of sexual crimes ever brought before the ICC.  

Ongwen’s conviction on charges including sexual-based violence, forced pregnancy, and outrages upon personal dignity committed against women, is a necessary move forward for the ICC: After decades of advocacy, the international community is holding individuals accountable for sexual crimes against women during conflict.

Although sexual and gender-based crimes have always been part of conflict, international criminal proceedings during the 20th century omitted them from charges beginning with the Nuremberg Tribunal, which specifically excluded sexual crimes against women from its charter. It wasn't until 2002, the year the International Criminal Court was inaugurated, that sexual crimes against women as elements of genocide, crimes against humanity and war crimes were enumerated in international criminal proceedings. Yet, even if prosecutors initially charged a defendant with sexual crimes, the charges were usually dismissed later to prioritize charges for mass killings.

A major shift occurred in 2014, when the Office of the Prosecutor of the ICC released the “Policy Paper on Sexual and Gender-Based Crimes.” Prosecutors began to introduce more charges for gender-based crimes but still failed to convict. On behalf of victims, gender-justice advocates began writing shadow reports pushing the Office of the Prosecutor to commit to charges and follow through with prosecution. As Ongwen’s personal story is also tragic—he was one of many young children who have been forced to join the Lord’s Resistance Army—the ICC found him guilty only for crimes committed after it considered him a “fully responsible adult.“ His conviction marks a first crucial step in accountability for sexual and gender-based war crimes and a turning point.

Yet, as the gender-justice community celebrates the result in the Ongwen case, it is clear that more change is needed in world courts. Even in Ongwen’s case, only charges against women-identifying persons were included. Several charges of sexual violence committed against men were left off the docket. While sexual violence against transgender and male-identifying persons is often underreported, the Ongwen decision as well as events unfolding in China and Myanmar, may provide ground for more inclusivity in prosecuting sexual-based crimes.

Advocates have a crucial window of opportunity to advance jurisprudence on sexual and gender-based violence crimes. Combined with the latest Strategic Plan for the ICC Office of the Prosecutor, which seeks to address the underreporting of sexual and gender-based crimes, and the recent Ongwen ruling, the priority of gender justice at the ICC has been pushed to the forefront.  

Mexico's Supreme Court Affirms Abortion Access as Right

Reprohealthlaw Blog Commentaries (Oct. 31, 2019): The Mexican Supreme Court's latest abortion ruling: In between formalities, a path to decriminalization, by Estefanía Vela Barba: 

In Mexico's Supreme Court's latest abortion ruling, issued earlier this year, the justices of the First Chamber found that denying a woman access to abortion when her health may be at risk is unlawful, violating her right to health codified in the San Salvador Protocol and the International Covenant on Economic, Social and Cultural Rights (ICESCR).  

The San Salvador Protocol is an additional protocol to the American Convention on Human Rights that expands on the original protections of economic, social, and cultural rights referenced in the American Convention. In General Comment No. 14, the Committee on Economic, Social and Cultural Rights interpreted Article 12 of the ICESCR to affirm the right to individual autonomy regarding one's own health decisions and the right to attain the highest standard of health.

The Mexican Court relied on these international instruments in tandem with their constitution to emphasize that the right to health includes the right to access the "full range of facilities, goods, services, and conditions" necessary to execute one's health decisions and attain the highest possible level of health. 

The Court held that Mexico's General Health Law, which does not "explicitly contemplate access to abortion," must be interpreted in a way that is compatible with the internationally-codified right to health. The Court further understood that health holistically encompasses physical, mental, and social well-being "as defined by each individual."  The decision, furthermore, referred to abortion as a "therapeutic intervention." The denial of such an intervention is a denial of a woman's right to health, the Court said. 

The case is also important in that it had to overcome the procedural challenges of an amparo proceeding. An amparo proceeding is meant as a guarantee of an individual's Constitutional rights and can generally only be brought under particular circumstances once all means of appeal have been exhausted. Essentially, the purpose of amparo suits is "to stop or reverse an unjust ruling."

In Mexican case law, the amparo suits tend to be interpreted quite narrowly, limiting its availability in denial-of-abortion cases, since the resolution of the lawsuit nearly always takes significantly longer than the duration of a full-term pregnancy. 

Here, the plaintiff had already successfully sought her abortion in Mexico City, and the district court in Mexico held that the suit should not reach the merits, because "the subject matter of the government action being challenged ceased to exist" once the plaintiff obtained her abortion. 

The Mexican Supreme Court, though, on appeal, applied the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to find that it must adopt a more liberal interpretation of the bounds of this amparo suit in order to account for the disparate impact of the apparently "gender-neutral" provisions allowing for such lawsuits. The Court found that denying Jane Doe's case based on the procedural limitations of amparo alone would "hinder women's right to access justice in practically everything related to pregnancies, including their termination." 

While the Court did not address the interplay with the Mexican Criminal Code and General Health Law as it related to abortion services and focused primarily on the implementation of the General Health Law, many abortion-rights activists consider this ruling a progressive step forward for the country. 

U.S. joins 19 nations, including Saudi Arabia and Russia: ‘There is no international right to an abortion’

The Washington Post (Sept. 24, 2019): U.S. joins 19 nations, including Saudi Arabia and Russia: ‘There is no international right to an abortion’, by Ariana Eunjung Cha: 

The United States, in a statement delivered to the United Nations General Assembly (UNGA) on September 23 this year, rejected the use of the term "sexual and reproductive health and rights" throughout U.N. documents and in particular within the international Sustainable Development Goals. Health and Human Services Secretary Alex Azar delivered the statement and emphasized that international instruments should not promote "abortion as a means of family planning." He disputed that there is an international right to an abortion.

The U.S., one among 19 nations who joined in the statement, further emphasized that "[they] only support sex education that appreciates the protective role of the family in this education and does not condone harmful sexual risks for young people."

The Netherlands delivered a responsive joint statement on behalf of 58 countries rejecting the U.S. position and stressing "the need to uphold the full range of sexual and reproductive rights." Country representatives also took to Twitter to object to the U.S. statement, using the hashtag #SRHR (sexual and reproductive health and rights), explicitly embracing the language the United States aims to erase. 

Many country representatives, along with civil society advocacy groups, underscore that on this issue of abortion the U.S. "align[s] with countries like Saudi Arabia and Sudan with poor human rights records."  They also emphasize the problematic nature of the United States' campaign to persuade other countries to form a new coalition in support of these regressive policies, calling attention to the fact that these efforts put "unfair pressure on poor countries" dependent on U.S. aid.

The Trump administration worked hard leading up the General Assembly to recruit conservative governments to support its efforts to roll back sexual and reproductive health and rights across the board. This campaign could have devastating effects on adults and children who rely on international programs for basic health care, particularly prenatal and postpartum health care. 

The United States-led campaign at the UNGA last week follows a similar effort directed at the World Health Organization (WHO) in which the U.S., Brazil, Egypt, Saudi Arabia, and several other states campaigned to reject the term "sexual and reproductive rights" from WHO policy, as Colum Lynch for Foreign Policy reports. 

Dutch Doctor Provides Abortion Pills to U.S. Women, Sues FDA

Fortune (Sept. 19, 2019): "A Doctor Who Prescribes Abortion Pills to U.S. Women Online is Suing the FDA. Is She Breaking the Law?", by Erin Corbett:

Dr. Rebecca Gomperts, a physician licensed to practice medicine in Europe, launched the website Aid Access in 2018 in order to meet the growing need for accessible abortion care in the U.S.

Patients seeking to end a pregnancy in its early stages through the use of the medications misoprostol and mifepristone can complete an online consultation form on Aid Access about their pregnancy and general health. Dr. Gomperts prescribes the medication to patients so long as they are "healthy, less than 10 weeks pregnant, and live within an hour's distance of a hospital in case of emergency."

Medical abortion is an FDA-approved method to end a pregnancy, and studies have found that independently managing an abortion using misoprostol and mifepristone pills is both safe and effective.

"There is no evidence that home-based medical abortion is less effective, safe or acceptable than clinic-based medical abortion,” reads one study from the World Health Organization (WHO).

The two pills work in combination to terminate a pregnancy in the first 12 weeks. Together, they are over 96% effective, and using misoprostol on its own is more than 80% effective in the first trimester. 

Dr. Gomperts emphasizes that the science supports the safety of medication abortions, including those done entirely by the women seeking the abortion themselves (in some cases, women may go to a clinic to physically receive the medication; in others, like here, women are prescribed the medications remotely, which are then mailed to them). "All medical abortions are self-managed," though, Dr. Gomperts says. "Women that go to a clinic and get the pill and have their miscarriage at home—it’s exactly the same procedure if they get the pills online.”

In the wake of the confirmation of right-wing, anti-choice Supreme Court Justice Brett Kavanaugh, along with the slew of extreme state-level restrictions on abortion access in recent years, Dr. Gomperts found that patients reaching out to her were seeking her help not only because they wanted an abortion but because they didn't know where else to get help or even information on any local health services available to them.

Dr. Gomperts received inquiries from over 40,000 women between March 2018 and August 2019. She prescribed the two abortion medications to just over 7,000 of those persons. The majority of the requests came from women living in abortion-hostile states with strict laws, like Alabama, Georgia, and Mississippi. Dr. Gomperts has consulted with women in all 50 states.

While several states have laws that criminalize any self-managed abortions, all of these statutes "pre-date Roe, likely making them unconstitutional," Erin Corbett, author of the Fortune article, says. They've been applied against pregnant persons nonetheless. 

On September 9th, Dr. Gomperts and her attorneys filed a lawsuit in federal court in Idaho against the FDA and other federal officials, claiming that they illegally confiscated "between three and 10 'individual doses of misoprostol and mifepristone' that Dr. Gomperts had prescribed to patients since March." 

The FDA claims that her practice "'poses an inherent risk to consumers who purchase'" these medications.

Dr. Gomperts asserts several claims for relief under both the Constitution and the Administrative Procedure Act. Prosecuting Dr. Gomperts or her patients would violate their rights to liberty, privacy, and equal protection under the Fifth Amendment, the lawsuit claims.

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."

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.

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.

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. 

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.'

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. 

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.”

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. 

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.

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.

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. 

 

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. 

 

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.