March, 10 2016, 04:00pm EDT
U.N. Human Rights Expert Condemns Broad Range of Reproductive Rights Violations as Torture
WASHINGTON
Child marriage, forced pregnancy testing in schools, abuse of women seeking maternal health services and restrictive abortion laws can amount to torture or ill-treatment and must be eradicated, according to a new report by the U.N. Special Rapporteur on Torture.
In the report that covers a broad range of reproductive rights violations, the Special Rapporteur calls for the decriminalization of abortion and for states to ensure all women access to abortion services in cases of rape, incest, fatal fetal impairment and when pregnancy poses a risk to the woman's life or physical or mental health. The report also calls on states to outlaw forced and coerced sterilization under all circumstances, eradicate child marriage and forced pregnancy testing in schools, as well as eliminate the mistreatment and abuse of women seeking maternal health care.
The Center for Reproductive Rights has steadfastly advocated on behalf of women and girls who have endured these serious human rights violations for the full recognition that these acts amount to torture or ill-treatment and violate international human rights law. The Special Rapporteur's report highlights the Center's recent case in Kenya involving two women who were illegally detained for their inability to pay their hospital fees and were subjected to physical, mental, and verbal abuse.
Said Rebecca Brown, director of global advocacy at the Center for Reproductive Rights:
"Laws and policies that strip women and girls of their fundamental human right to make their own decisions about their reproductive health, lives and futures can absolutely amount to torture.
"The Special Rapporteur condemning these reproductive rights violations send a strong message to U.N. member states and should compel countries to amend restrictive abortion laws and eradicate discriminatory practices that violate women and girls' human rights."
Special Rapporteurs are independent human rights experts appointed by the Human Rights Council--the U.N.'s main human rights body--and mandated to advise on thematic issues or country situations. This new report highlights the need for states to take into account the experiences of women, girls, and lesbian, gay, bisexual, transgender and intersex persons in relation to torture and ill-treatment.
In the report, the Special Rapporteur recognizes that the expulsion of pregnant girls from schools constitutes discrimination and ill-treatment. The report further recommends implementing and enforcing uniform laws that prohibit marriage before the age of 18 with no exceptions, as well as providing appropriate assistance to women and girls living in forced marriages and helping women leave the marriage.
The Center for Reproductive Rights has documented the impact of reproductive rights violations on adolescents and women, including how these violations amount to torture and ill-treatment. Forced Out: Mandatory Pregnancy Testing and the Expulsion of Pregnant Students in Tanzanian Schools reports on the vast numbers of young women affected by invasive, mandatory pregnancy testing and subsequent expulsion from school if they are pregnant, as well as the serious human rights implications of the practice.
Child Marriage in South Asia: Stop the Impunity focuses on the violations of women and girls' fundamental human rights--including their reproductive rights--that stem from child marriage in the region. Despite international and local laws clearly condemning child marriage, South Asian countries' refusal to address this illegal practice could lead to a projected 130 million young girls being married against their will by 2030.
The Special Rapporteur's report demonstrates how highly restrictive abortion laws that prohibit abortions even in cases of incest, rape or fetal impairment or to safeguard the life or health of the woman violate women's right to be free from torture and ill-treatment. The Special Rapporteur noted that in states where abortion is legal, services must be accessible in practice.
Recommendations in the report to states also include:
- Setting forth clear guidance on implementing domestic abortion legislation and ensure that it is interpreted broadly; and monitoring the practical implementation of legislation to ensure that persons are provided the right to legal services in practice;
- Guaranteeing immediate and unconditional treatment of persons seeking emergency medical care, including as a result of illegal abortion;
- Outlawing forced or coerced sterilization in all circumstances and providing special protection to individuals belonging to marginalized groups; and ensuring that health-care providers obtain free, full and informed consent for such procedures and fully explaining the risks, benefits and alternatives in a comprehensible format, without resorting to threats or inducements, in every case; and
- Implementing and enforcing uniform laws that prohibit child marriage before the age of 18, with no exceptions on the basis of parental consent or personal status laws; extending the prohibition to cover traditional and religious marriages; providing appropriate assistance to women and girls living in forced marriages, including by helping women leave the marriage with a share of matrimonial assets, custody of children and the right to remarry; and providing support to victims' dependents and members of immediate families.
The Center for Reproductive Rights is a global human rights organization of lawyers and advocates who ensure reproductive rights are protected in law as fundamental human rights for the dignity, equality, health, and well-being of every person.
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Nebraska Women Gets Two Years in Prison After Giving Abortion Pills to Teen Daughter
"In this particular case, here's the audacity: Self-managed abortion is not even a crime in fucking Nebraska," said one rights advocate.
Sep 22, 2023
Amid a wave of right-wing efforts to quash abortion rights across the United States, a Nebraska judge on Friday sentenced Jessica Burgess to two years in prison after helping her teenage daughter end her pregnancy and bury the remains in early 2022.
Police have said that over two years ago, then-17-year-old Celeste Burgess took abortion pills—provided by her mother—at approximately 29 weeks pregnant and gave birth to a stillborn fetus, which the pair burned and buried in Norfolk, Nebraska.
Celeste Burgess was sentenced to 90 days behind bars and released earlier this month. Tanner Barnhill, who pleaded no contest to attempting to conceal a death for helping with the burial, was sentenced to nine months of probation and 40 hours of community service.
Jessica Burgess, who took a plea deal, faced up to five years in prison. She pleaded guilty to providing an abortion after 20 weeks of gestation, tampering with human remains, and false reporting. As Jezebelnoted, the 42-year-old was charged even though the state's 20-week ban that was in effect at the time applied to "licensed abortion providers, not people self-managing their own terminations."
As Rafa Kidvai, director of If/When/How's Repro Legal Defense Fund—which is not representing Jessica Burgess—put it to Jezebel, "In this particular case, here's the audacity: Self-managed abortion is not even a crime in fucking Nebraska."
"None of this is about justice or safety or someone's health or society being better or kinder or safer—this is about control from the state," Kidvai argued. "Everything is a distraction, including conversations around gestational age... They're distracting you constantly by telling you that your individual choices are the problem, not the systems that keep you oppressed."
The Appeal reported Friday that "abortions after 21 weeks rarely occur within the United States, accounting for just 1% of all abortions. It is unclear when Celeste first knew she was pregnant. Police say Celeste, then 17, got an ultrasound showing she was 23 weeks pregnant on March 8, 2022."
"That same month, police say Jessica Burgess ordered abortion pills online. But the medication took about six weeks to arrive," the outlet added. "[Celeste] Burgess stated in court that she wanted to end her pregnancy because she was in an abusive relationship and did not want to share a child with the man who impregnated her."
While Celeste Burgess' stillbirth occurred a couple of months before the U.S. Supreme Court overturned Roe v. Wade, abortion rights advocates have connected the Nebraska mother and daughter's cases to a broader assault on reproductive freedom since the right-wing justices' Dobbs v. Jackson Women's Health Organizationdecision.
Nebraska is among several states that have tightened abortion restrictions since June 2022. In May, Republican Nebraska Gov. Jim Pillen signed a bill banning abortion at 12 weeks of pregnancy, with exceptions for rape, incest, and to save the life of the pregnant person—a measure which has taken effect but that rights group are fighting in state court.
The Burgesses' cases have also heightened concerns about digital communications, given that police obtained and Facebook parent company Meta complied with a search warrant for their private messages. Further, there are rising fears that U.S. law enforcement may eventually try to use new laboratory methods allegedly developed by researchers in Poland—which has outlawed most abortions—to detect medication commonly used to end pregnancies in biological specimens.
Across the United States from 2000 to 2020, "at least 61 people were criminally investigated or arrested for ending their own pregnancies or helping someone else do so," according to a report released this month by Pregnancy Justice and other groups. From 2006 to 2020, "more than 1,300 people were arrested in relation to their conduct during pregnancy," including people who experienced miscarriages and stillbirths but were suspected of self-managing abortions.
Emma Roth, senior staff attorney at Pregnancy Justice, told The Appeal that "even if the state's law does not criminalize abortion itself, prosecutors will still seek other creative ways to try to incarcerate, shame, or make a case out of that person."
"Prosecutors will charge anything that they can think of when what they're actually trying to criminalize is what they view as immoral conduct," Roth stressed. With the Burgesses, she said, "the prosecutor's whole case was about shaming somebody for being a young teenager and having an abortion later on in pregnancy. These prosecutions create a culture of fear."
Nebraska is one of multiple U.S. states where reproductive rights advocates are currently working to put a question on 2024 ballots regarding an amendment to the state constitution that would protect the right to abortion.
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Biden to 'Join the Picket Line and Stand in Solidarity' With Striking Autoworkers
"This is unprecedented: a sitting president showing up on the picket lines with workers," said Congressional Progressive Caucus Chair Pramila Jayapal.
Sep 22, 2023
In a historic move, U.S. President Joe Biden vowed Friday to travel to Michigan next week and stand with striking United Auto Workers members, an announcement that came just hours after union autoworkers widened their strike to include all U.S. General Motors and Stellantis parts distribution centers.
"Tuesday, I'll go to Michigan to join the picket line and stand in solidarity with the men and women of UAW as they fight for a fair share of the value they helped create," Biden said on social media. "It's time for a win-win agreement that keeps American auto manufacturing thriving with well-paid UAW jobs."
Last Friday, Biden called on automakers to share more of their windfall with UAW workers, who are seeking better pay and benefits.
"Auto companies have seen record profits... They have not been shared fairly with workers," the president said. "I understand the workers' frustration. Over generations, autoworkers have sacrificed so much to keep the industry alive and strong, especially during the economic crisis and the pandemic."
"The companies have made some significant offers," Biden added. "But I believe they should go further to ensure that record corporate profits mean record contracts for the UAW."
Biden—who is seeking reelection next year—is a self-described "pro-labor president" but his response to the UAW is notably different from last year, when he came under fire for signing legislation to block a nationwide rail strike.
At noon Eastern time this Friday, workers at all 38 GM and Stellantis parts distribution facilities across the U.S. walked off the job as the UAW escalated its strike.
"We will shut down parts distribution until those two companies come to their senses and come to the table with a serious offer," UAW president Shawn Fain said in a video update. "The plants that are already on strike will remain on strike."
Fain said Ford was spared the escalation because UAW and company negotiators were making "real progress" at the bargaining table.
While some striking workers said they'd prefer the president didn't join them, others welcomed the solidarity.
"Me personally, I wouldn't mind if Biden stepped up and showed some support," 55-year-old Laura Zielinski of Toledo, Ohio, toldReuters earlier this week, recalling 2010, when he was vice president and visited her city's Stellantis assembly plant.
"Support like that would put a spotlight on the talks—kind of give a nudge to the companies," she added.
Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said Friday on social media that it was "unprecedented" for a sitting U.S. president to join striking workers on a picket line.
Jeremi Suri, a historian and presidential scholar at the University of Texas at Austin, toldReuters the last time it happened was probably in 1902, when then-President Theodore Roosevelt invited striking coal miners to the White House.
"This would be a major, major shift for Biden to identify the presidency with striking workers," said Suri, "rather than siding with industry or staying above the fray."
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Netanyahu Shows Map of 'New Middle East'—Without Palestine—to UN General Assembly
"Netanyahu made clear with his little map today what normalization really seeks: eliminating Palestine... from the region and legitimizing greater Israel, all with the blessing of Arab regimes," one critic said.
Sep 22, 2023
Israeli Prime Minister Benjamin Netanyahu angered Palestinians and their defenders Friday after presenting a map of "The New Middle East" without Palestine during his speech to the United Nations General Assembly in New York.
Speaking to a largely empty chamber, Netanyahu—whose far-right government is widely considered the most extreme in Israeli history—showed a series of maps, including one that did not show the West Bank, East Jerusalem, or Gaza. These Palestinian territories have been illegally occupied by Israel since 1967, with the exception of Gaza—from which Israeli forces withdrew in 2005, while maintaining an economic stranglehold over the densely populated coastal strip.
Middle East Eyereported Netanyahu also held up a map of "Israel in 1948"—the year the modern Jewish state was established, largely through the ethnic cleansing of more than 750,000 Arabs—that erroneously included the Palestinian territories as part of Israel.
Palestinian Ambassador to Germany Laith Arafeh said on social media that there is "no greater insult to every foundational principle of the United Nations than seeing Netanyahu display before the UNGA a 'map of Israel' that straddles the entire land from the river to the sea, negating Palestine and its people, then attempting to spin the audience with rhetoric about 'peace' in the region, all the while entrenching the longest ongoing belligerent occupation in today's world."
As Middle East Eye noted:
The inclusion of Palestinian lands (and sometimes land belonging to Syria and Lebanon) in Israeli maps is common among believers of the concept of Eretz Yisrael—Greater Israel—a key part of ultra-nationalist Zionism that claims all of these lands belong to a Zionist state.
Earlier this year, Netanyahu's finance minister, Bezalel Smotrich, spoke from a podium adorned with a map that also included Palestine, Lebanon, and Syria as part of Greater Israel. In the same event, he said there was "no such thing as Palestinians."
The use of such maps by Israeli officials comes at a time when Netanyahu's ultra-nationalist government has taken steps that experts say amount to the "de jure annexation" of the occupied West Bank.
Netanyahu used the maps in an attempt to illustrate the increasing number of Arab countries normalizing relations with Israel under the Abraham Accords brokered by the administration of former U.S. President Donald Trump.
"There's no question the Abraham Accords heralded the dawn of a new age of peace," the Israeli prime minister said. "But I believe that we are at the cusp of an even more dramatic breakthrough, an historic peace between Israel and Saudi Arabia. Peace between Israel and Saudi Arabia will truly create a new Middle East."
Critics have countered that peace between apartheid Israel and Arab dictatorships has come at the cost of advancing Palestinian rights. In the case of Morocco, the United States recognized the North African nation's illegal annexation and brutal occupation of Western Sahara in exchange for normalization with Israel.
Netanyahu's props on Friday reminded numerous observers of the time during his 2012 General Assembly speech when he used a cartoon drawing of a bomb to illustrate Iran's progress on advancing a nuclear weapons program that both U.S. and Israeli intelligence agencies said did not exist.
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