Human Rights Policy and Nonprofit Organizational Development

Posts Tagged ‘Abortion’

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Anti-Abortion Constitutional Amendment in the Dominican Republic

In Policy Blog on September 8, 2009 at 6:12 pm

aborto legal derecho fundamental RD

This is a cross-posting of a column I write for Gender Across Borders.

This month the SRHR Sit Report focuses on the total prohibition of abortion in the Dominican Republic.  The DR has one of the most restrictive policy regimes in the world and has led to maternal mortality and dire consequences for Dominican women’s health.  Now, a constitutional amendment seeks to further restrict reproductive rights.

The Situation

For years, the women of the Dominican Republic have faced one of the toughest abortion policies in the world.  According to a summary on the International Women’s Health Coalition blog, the 100-year old law prohibiting abortion even in the case of rape has been challenged by feminist and rights groups, while forces on the right pushed for a constitutional amendment to “protect life” from the moment of conception.  Article 30, passed by a majority vote in April of this year, defines life as beginning before implantation.  This is a crucial distinction because it means that the amendment will affect the legality of emergency contraception and IUDs.  It also means that more Dominican women will die because they are not allowed access to critical reproductive health technologies and services.

A classic: Get your rosaries off our ovaries! A classic: Get your rosaries off our ovaries!

I hate to sound like a broken record, but the Catholic church hierarchy has again been one of the key culprits in restricting women’s rights.  Article 30 comes in the wake of a “massive campaign” led by the Cardinal Archbishop of the Dominican Catholic church.  The Human Development Office coordinator for the UNDP in the Dominican Republic has criticized the church’s involvement, saying, “The Catholic Church influences everything… it has become a source for social exclusion in the Dominican Republic.  The dogma is placed ahead of the needs of the population, health, housing and better living conditions.”  Catholic hierarchy, stop your meddling!

Implications for Dominican Women and Girls

The Dominican Gynecology and Obstetrics Society is warning that Article 30 will mean an increase in maternal death, which is already far too high in the country.  Abortion can be an extremely safe procedure when performed in a safe and clinical atmosphere.  In countries where abortion is restricted, however, clandestine abortion is often a leading cause of maternal mortality.  In the Dominican Republic, there are 160 maternal deaths per 100,000 live births.  The Dominican Gynecology and Obstetrics Society’s president has said, “those deaths are the product of unsafe abortions.  I would like the honourable legislators to tell me what we are going to do before the presence of a woman with severe preeclampsia or eclampsia, convulsing in any emergency room around the country, what must we do?  See her die to protect ourselves from the repercussions stipulated by Article 30?”

In addition to the lives that will be lost unnecessarily because of this amendment, thousands of women will be denied their preferred method of contraception– the Intra-Uterine Device.  IUDs and emergency contraception (the morning after pill) would both constitute violations under Article 30′s restrictive framework.  There is a high contraceptive prevalence rate in the Dominican Republic, and a good chunk of that number is women with IUDs.  Both the IUD and emergency contraception are critical pieces of the reproductive healthcare spectrum and their restriction further limits women’s ability to control their reproductive lives and participate as full and equal members of society.  I’m not sure which I find more troubling: the blatant prohibition of abortion even given the scientific research that women will die because of it, or the more insidious restriction of women’s rights through closing down family planning options.

No to Article 30! Every woman's life matters No to Article 30: The life of every woman matters

Fighting Back

Our Dominican sisters are fighting back… tomorrow afternoon, Dominican women will march on the Congress against Article 30.  The march is being led by a coalition of feminist and human rights NGOs, including Colectiva Mujer y Salud (CESIM).  CESIM’s director, Sonia Galvan, has said that abortion “is a human rights issue.” A woman after my own heart!  I am especially pleased to see the Dominican women’s movement framing abortion as a human rights issue because it was a successful strategy in the decriminalization of abortion in Mexico City a few years ago.  It’s also great to hear a UN representative speaking out against the heavy-handed involvement of the Catholic church heirarcy.

If you are a Dominican citizen (even living in the U.S.), you can send an email to your representative with a little help from the International Women’s Health Coalition blog.  Pass it on to Dominican friends, too.  At this point, according to IWHC, the role of other international activists and feminists is a bit more ambiguous.  But keep your eyes on the developments in the Dominican Republic and continue raise your voice for the human rights of women everywhere.

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Article published

In Policy Blog on August 21, 2009 at 12:36 pm

An article I wrote on the human rights legal framework and abortion, using Mexico City as a case study, has just been published.  Available online here.  The abstract is available on my Publications page.

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Another one bites the dust: Yucatan state in Mexico restricts abortion

In Policy Blog on August 15, 2009 at 9:09 am

Since the passage of the law decriminalizing abortion in Mexico City was upheld as constitutional by the Supreme Court, there have been a number of backlash bills in state congresses. More than a dozen states have already seen constitutional amendments to protect life “from the moment of conception.”  Last week, Yucatan joined their repressive ranks.  The official law, passed July 15, was published on August 7th and it severely restricts reproductive rights and health.  The constitutional and penal code changes:

  • Criminalize use of IUD
  • Criminalize assisted reproduction
  • No medical services for women with ectopic pregnancy
  • No legal abortion for pregnancies that put women at risk or the result of rape

Mexican citizens can take action here by sending an email to the state’s governor and congress-persons.  I think US citizens could probably erase the text of the email and write something in English about how people all over the world care about the lives and health of women in Yucatan.

As I reported earlier, some Mexican NGOs are calling the rash of such ammendments a pact by the Catholic heirarchy.

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SRHR Situation Report: Brazil (cross-posted on Gender Across Borders)

In Policy Blog on June 1, 2009 at 2:22 am

The Sexual and Reproductive Health and Rights Situation Report is a monthly column I write for the feminist blog Gender Across Borders.  This month’s installment focuses on Brazil.

Brazil has seen a recent swing to the political left, and has a socialist president.  Unfortunately, that doesn’t mean much for the hundreds of thouands of women who die every year because of clandestine abortions, or the thousands who have been charged and face imprisonment for undergoing safe clinical abortions.

More than a million abortions take place in Brazil every year.  That’s more than a third of all pregnancies ending in abortion, and a quarter of women who do have clandestine abortions end up in the hospital from complications.  According to thisWorld Health Organization report, even current estimates of 1.2 million abortions per year are probably low.  In spite of this, abortion remains criminalized and penalized with prison, and public opinion on abortion remains divided.

In this video, Brazilians are asked if they are for or against abortion, then if they know anyone who has had an abortion, then if they believe that she should be imprisoned: 

Brazil is  home to the world’s largest number of Catholics, so it’s no surprise that abortion is highly controversial.  What has been surprising, however, are the actions of the state and the church hierarchy on women’s rights.  Two recent incidents come to mind.  We all heard about the nine year old girl in a poor province of Northern Brazil who was raped repeatedly over time by her stepfather, became pregnant with twins, and was given an abortion.  Doctors had certified that the abortion was legal under both indications for legal abortion in Brazil– she’d been raped, and the pregnancy posed a risk to her life.  

What came next was the truly shocking part.  The local bishop immediately announced that the doctor who had performed the abortion and the little girl’s mother were excommunicated for their actions.  In fact, the only adult involvednot excommunicated was the stepfather who had raped the little girl.  The Brazilian archbishop argued that while rape is bad, abortion is worse.  There was a huge public outcry over the excommunication, and even the president of Brazil, a Catholic, decried the move.  

The president has also recognized the public health crisis created by clandestine abortion, and has been quoted as saying, “No one is in favor of abortion.  But the question is: Should a woman be imprisoned? Should she die? It’s necessary to look at the woman as a human being.”

aborto nao deve ser crime

Another shocking recent incident in Brazil occurred in the state of Mato Grosso do Sul.  Police there raided a family planning clinic and took almost 10,000 women’s medical records without following the basic process outlined in Brazilian law.  The names of the women who’s records were seized were published on the court’s website, along with their addresses and the nature of the crime they were accused of (abortion).  Often the charges were based simply on the presence of a sonogram and a signed relase in the patient’s chart. 

Several thousand women were charged.  Some have already been sentenced, and others are still under investigation.  The sentences handed down by one patronizing judge included working in daycare centers and schools as “community service.”

Feminist groups, including the Latin American and Carribbean Committee for the Defense of Women’s Rights (CLADEM) and Ipas Brasil have come together tocondemn the violation of the rights to privacy, health, liberty and due process, among others.  The groups have presented a document protesting the case to the president’s Human Rights Minister, but there are still thousands of women charged and being sentenced for receiving abortion services.

In the fight for sexual and reproductive health and rights, Brazilian feminist groups have had to deal with a lot of challenges, and have been criticized for being too reactive. 

The feminist movement in Brazil has struggled to consolidate its activism, strategy and messages, partially because of Brazil’s geography.  The country’s immense size makes it difficult and expensive for activists from all over the country to come together in one place.  National conferences like the second Conference for Public Policies for Women (IICNPM) and groups like the Women’s Articulation (Articulação de Mulheres, or AMB) mark a movement toward coordinated national effort.

samantha buglioneI met some of the feminists from all over the country fighting for the right to choose while in Rio for a workshop on coordinating national strategies to decriminalize abortion, given by the organization I was working for in Mexico City, the Information Group on Reproductive Choice (GIRE).  A young woman who stood out as one to watch is Samantha Buglione–a fabulous young feminist and scholar who works for women’s rights in a variety of contexts, speaking out on abortion, human rights, and violence against women.  I always love to see successful women my age doing such tremendous work.

direito

In spite of outrageous cases like the prosecution of the women of Matto Grasso do Sul and the excommunication of a young victim and those who stepped forward to help her, our sisters in Brazil are working to bring Brazil’s laws and public policies in line with the fundamental rights of women.  In spite of the retrogressive and abusive practices of the Catholic hierarchy, there is a president who respects women’s autonomy and a group of passionate women who are fighting for women’s human rights and working to cement a  movement that is coordinated, proactive, and effective.

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Mexican NGOs: Catholic church pact to criminalize abortion all over the country

In Policy Blog on May 26, 2009 at 7:43 pm

In an article entitled MEXICO: Avalanche of Anti-Choice Laws, IPS News Service reports that my former organization, GIRE, and the NGO Catholics for the Right to Decide have publically stated that the rash of new anti-abortion legislation in Mexican states may constitute a pact on the part of the Catholic hierarchy. 

According to CDD director María Consuelo Mejía, there is “no direct evidence, but we have repeatedly heard allegations” of such a pact.

My former director at GIRE, María Luisa Sánchez, is quoted at calling the onslought of anti-choice legislation in PAN- and PRI-controlled states “revenge” on the part of conservative actors. 

GIRE, CDD and other allies have called upon other Mexican states to bring their constitutional and criminal frameworks in line with the Supreme Court’s decsions upholding the constitutionality of the Mexico City Law, but as the article points out, “12 states moved in the opposite direction and made it even more difficult to get a legal abortion, and another seven states may soon follow suit.”  A GIRE release on the subject today said that

In the past six months, Mexico has witnessed a wave of conservative bills that aim to protect life from the moment of conception in state constitutions. In many cases, these bills totally ban abortion even under circumstances (such as rape, fetal malformation, or risk to a woman’s life) when it is currently allowed.

Bad stuff.

This is why the rallying cry after the victory at the Supreme Court became, “Aborto legal y vamos por mas,” or “Legal abortion and we’re pushing for more.”  The NGOs knew that the battle for the states was coming, and GIRE initiated a campaign to protect, defend and advance abortion rights all over the country.  A summary of the “Every Woman Deserves a Choice” campaign is available on my portfolio page.

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Speaking out about abortion

In Policy Blog on April 13, 2009 at 3:18 pm

An article entitled We Already Have An Abortion Pride Movement, by friend and colleague Marcy Bloom, was published today on RHRealityCheck.org. Marcy writes powerfully about “the movement for the normalization of abortion.” She also points out that abortion is “an honorable and loving choice” that should be supported and respected.

In the article Marcy mentions Our Truths/Neustras Verdades, a publication edited by another friend and colleague, Emily Barcklow. I met Emily in Mexico City, where she works for Equidad de Genero, a grassroots organizing NGO that partners with my former employer on abortion rights issues. The magazine empowers women to publicly express their feelings about their abortions, creating a respectful space for discussion, and honoring women’s choices.

The article makes me think of an event I recently worked on with the Women’s Liberation Birth Control Project to commemorate the 1969 Redstockings Abortion Speak-Out. That historic event sparked speak-outs all over the country, and eventually led to Roe v. Wade.  For the commemoration I read an excerpt from a powerful testimonial given at the original event by a woman who had been forced to carry her unwanted pregnancy to term because she didn’t have the resources to seek out an illegal abortion.

The event was a powerful reminder of how integral women’s voices are to political action. The women who spoke out in 1969 were galvanized because a panel on abortion had been convened- and was made up of all men except for one female; a nun. Those brave women recognized that only they could tell their own stories, and their stories sparked a movement. Now it falls on the shoulders of our generation of activists to destigmatize abortion as a human right and a responsible choice, and as a basic health service that must be safe and easily accessible for all women.

As Marcy writes, “Society needs to know that safe abortion is a moral good for women, understand more fully why women make this choice, and provide support and respect for women’s moral and ethical decision-making.”

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Policy Blog: Decriminalization of abortion is coming down the pipeline in Spain

In Policy Blog on March 30, 2009 at 1:16 pm

The Spanish Parliament is considering legislation that would decriminalize abortion, bringing Spain into line with the vast majority of European countries.  In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, the Czech Republic, Denmark, Estonia, Macedonia, Greece, Hungary, Latvia, Lithuania, Moldova, Mongolia, Montenegro, Russia, Serbia, the Slovak Republic, Slovenia, Switzerland, and the Ukraine all permit abortion on demand up to the 12th week of gestation. Austria, Belgium, France, Germany, the Netherlands, Romania and Sweden all have even longer terms for abortion upon request. 

The liberalization of Spanish law would also answer the call of the Council of Europe‘s Parliamentary Assembly  to “decriminalize abortion within reasonable gestational limits” in its recent Resolution on Access to Safe and Legal Abortion, passed by a large majority in April 2008.

The legislation is still being drafted by the Ministry of Equality, but will likely pass given broad support by left-leaning parties in the Parliament.  Recommendations on the bill’s content have been submitted by a panel of experts as well as by a legislative sub-commission on the issue.  Both called for a holistic law which addresses contraception, sexual and reproductive health, and specifically the needs of adolescents.

Of course, the Catholic church is fighting back.  You would think the Pope would take a break after the scandal over the church’s involvement in Brazil, but its assault on women’s rights knows no bounds.

Here’s a great editorial on the law from El Pais.

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Maternal Mortality

In Policy Blog on March 19, 2009 at 10:24 pm

In 2005 the global community lost an estimated 536,000 women to maternal death.  From a Millennium Development Goals Fact Sheet published by The Center for Reproductive Rights:

“There is no single cause of death and disability for men between the ages of 15 and 44 that approaches the magnitude of maternal death and disability.”

Maternal mortality is the single largest cause of death for women of reproductive age the world over, and 70,000 women die every year because of complications from unsafe, clandestine abortions.  Those specifically are wholly unnecessary deaths.  Abortion in an appropriate clinical setting is twice as safe as a penicillin injection.

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Mexican Supreme Court official decision on abortion law released

In Policy Blog on March 11, 2009 at 9:18 pm

The Suprema Corte de Justicia de la Nación (Mexico’s Supreme Court) has released its final decision in the form of a case file (click here for pdf), compiled by Justice Aguirre Anguiano and reviewed by the other justices.  The decriminalization of abortion in Mexico City was challenged by the Ombudsman of the National Human Rights Commission and by the National Attorney General.  One of the Attorney General’s claims had to do with the Legislature’s standing to change health code.  The Ombudsman claimed that the law violated the constitutional right to life, and the right to life under international human rights agreements.  

The constitutional right to life under the Mexican constitution was one of the most important lynchpins in the arguments of most of the justices who found in favor of the law’s constitutionality.  Several justices explicitly recognized the right to life in the Mexican constitution, but clarified that there was nothing in the constitution to prioritize it above any other constitutional goods or rights.

International commitments were also mentioned in several of the justices’ findings.  This in itself is significant, as it adds legitimacy to international law within the national constitutional framework (as the Supreme Court is considered a constitutional court).

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