U.S. Abortion Bans Are A ‘Human Rights Crisis’ That Violate International Law, Groups Tell UN

Topline

A coalition of human rights groups urged the United Nations to take “urgent” action against abortion bans in the U.S., arguing in a letter Thursday the restrictions on abortion in the wake of the Supreme Court overturning Roe v. Wade constitute a crisis with “devastating” consequences that violate the U.S.’s obligations under international law.

Pro- and anti-abortion rights protesters at the 50th annual March for Life rally on the National … [+] Mall on January 20 in Washington, DC.

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Key Facts

The letter, signed by 196 organizations and first published by the Guardian, details the “intensifying harms” faced by people in the U.S. who can become pregnant, saying the Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization has “devastating human rights implications.”

Banning abortion “threatens women’s lives and health on a massive scale,” the groups argue, in ways including people not being able to receive care during ectopic pregnancies, miscarriages or other medical complications; doctors withholding medical advice from patients; increasing the risk of abuse for pregnant domestic violence victims; increased suicide risk; impacts on contraception; adversely impacting training for OB-GYNs in states where abortion is banned and risks to abortion providers’ safety.

Abortion bans carry harsh legal penalties for abortion providers or others who “aid and abet” someone receiving an abortion, the letter argued, along with possible risks to pregnant people as some states have suggested they should face penalties if they self-induce an abortion.

The state laws threaten privacy through increased digital surveillance on people’s activities online if they access abortion websites, the groups argued, and “infringe upon the right to freedom of thought, conscience, and religion or belief under international human rights law.”

As a result, the groups alleged abortion bans violate multiple obligations the U.S. has under international human rights law, including the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

This is because the bans violate international rights that include the right to life, right to healthcare, right to privacy, right to be free from torture, right to be free from arbitrary detention, right to liberty and security and the right to freedom of thought, conscience, and religion or belief, the groups argue, as well as anti-discrimination laws on the basis of gender, race, age or socioeconomic status.

Crucial Quote

“Eight months on from this catastrophic legal decision, it is now apparent that the consequences are even worse than feared. Women and girls in need of reproductive healthcare are being met with systematic refusals, huge financial burdens, stigma, fear of violence, and threats of criminalization,” the groups wrote. “We urge you to raise these issues directly with the State in line with your mandates and to mobilize your constituencies to address this human rights crisis.”

What To Watch For

The letter asks the UN groups to take action including communicating with the U.S. about the alleged violations of international law, requesting a visit to the U.S., holding a “virtual stakeholder meeting” and issuing calls to the U.S. to uphold their obligations under international law.

Big Number

22 million. That’s the number of women and girls of reproductive age who live in states where abortion is now banned or heavily restricted, according to the letter.

Surprising Fact

In addition to lawmakers and governments being held accountable for the abortion bans, the letter also argues private companies may be implicated as well and asks the UN to issue calls for them to comply with international law. “Corporations have obligations to respect human rights, safeguard users’ rights to privacy, and ensure their services are not used in ways that cause or contribute to human rights violations,” the letter argues, pointing particularly to efforts by companies to surveil or track information about users that may be related to abortion.

Tangent

Among the groups that signed the letter are the Global Justice Center, Pregnancy Justice, Amnesty International, Physicians for Human Rights, Human Rights Watch, National Abortion Federation, Oxfam International, the Guttmacher Institute and Center for Reproductive Rights. The letter was addressed to the UN’s Working Group on Discrimination against Women and Girls, Working Group of Experts on People of African Descent and a range of special rapporteurs at the UN who address various issues including discrimination and the human rights of minority groups.

Key Background

The Supreme Court overturned Roe v. Wade in June, getting rid of the federal right to an abortion and immediately setting off a wave of state-level bans on the procedure. Abortion is now banned or heavily restricted in 14 states, with an additional seven states having bans in place that have been blocked in state court. Though abortion bans typically have exemptions in place for when the mother’s health is at risk, physicians have argued they still result in people being put at risk during medical emergencies, and numerous reports have resulted of people being denied care even when facing medical issues like ectopic pregnancies or other complications that make a pregnancy nonviable. The letter to the UN comes after UN mandate holders previously filed a brief at the Supreme Court suggesting a ruling overturning Roe v. Wade would “contradict international human rights law,” and the letter notes UN groups also sent communications to U.S. governments arguing of the harms that abortion bans would cause ahead of the court’s decision.