politics of abortion rights work politics of abortion rights work wanda nowicka expanding access to...
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PoPolitics of abortion rights worklitics of abortion rights work
WANDA NOWICKA
Expanding Access to Medical AbortionExpanding Access to Medical AbortionBuilding on Two Decades of ExperienceBuilding on Two Decades of Experience
Lisbon, March 2-4, 2010Lisbon, March 2-4, 2010
Politics of abortion (international forums)Politics of abortion (international forums)
International InstitutionsInternational Institutions „„Consider reviewing laws containing punitive measures against women Consider reviewing laws containing punitive measures against women
who have undergone illegal abortions” 106.k who have undergone illegal abortions” 106.k BPoABPoA (1995) (1995)
„„In recognizing and implenmenting above, and in circumstances where In recognizing and implenmenting above, and in circumstances where abortion is not against the law, health systems should train and equip abortion is not against the law, health systems should train and equip health-service providers and should take other measures to ensure health-service providers and should take other measures to ensure that such abortion is safe and accessible”. 63iii that such abortion is safe and accessible”. 63iii C+5C+5 (1999) (1999)
Based on above, the Based on above, the WHOWHO Guidance „Safe Abortion: Technical and Guidance „Safe Abortion: Technical and policy guidance for health systems” (2003)policy guidance for health systems” (2003)
Politics of abortion (international forums) Politics of abortion (international forums) con’tcon’t
Growing negative climate around abortion issue Growing negative climate around abortion issue during last decade in international forumsduring last decade in international forums
ReasonsReasons:: Bush era (2000-2009) and 9/11 histeria,Bush era (2000-2009) and 9/11 histeria, Active and very visible anti-choice movment at int’l Active and very visible anti-choice movment at int’l
forums – often using human rights framework forums – often using human rights framework (Catholic Institute for Human Rights), (Catholic Institute for Human Rights),
EU – effects of EU Enlargement („Holy Alliance” _ EU – effects of EU Enlargement („Holy Alliance” _ Ireland, Poland and Malta) paralizing consensus of Ireland, Poland and Malta) paralizing consensus of the EU on SRHR and stronger EU policies the EU on SRHR and stronger EU policies
Abortion – invisible issueAbortion – invisible issue(the less the better)(the less the better)
Abortion hidden within SRHR conceptAbortion hidden within SRHR concept
- Strategy of the opposition: SRHR means Strategy of the opposition: SRHR means abortionabortion
Maternal health Maternal health Postabortion care Postabortion care
Abortion- medical issue trap Abortion- medical issue trap
Abortion - public health issueAbortion - public health issue. . - Addresses only extreme situations - Addresses only extreme situations Abortion – should not be promoted as a family Abortion – should not be promoted as a family
planning method.planning method. - Awfulization of abortion, it is not treated as a - Awfulization of abortion, it is not treated as a
medical procedure necessary for women’s health medical procedure necessary for women’s health and rights and rights
Not a right issue. Not a right issue. - Autonomy of women, decision-making right not - Autonomy of women, decision-making right not
recognized recognized
Access to safe and legal abortion in EuropeAccess to safe and legal abortion in EuropeResolution of the Council of Europe (2008)Resolution of the Council of Europe (2008)
6. The Assembly affirms the right of all 6. The Assembly affirms the right of all human beings, in particular women, to human beings, in particular women, to respect for their physical integrity and to respect for their physical integrity and to freedom to control their own bodies. In this freedom to control their own bodies. In this context, the ultimate decision on whether or context, the ultimate decision on whether or not to have an abortion should be a matter not to have an abortion should be a matter for the woman concerned, who should for the woman concerned, who should have the means of exercising this right in have the means of exercising this right in an effective way.an effective way.
Access to safe and legal abortion in EuropeAccess to safe and legal abortion in EuropeResolution of the Council of Europe (2008) con’t. Resolution of the Council of Europe (2008) con’t.
7. The Assembly invites the member states of the Council of Europe to:7. The Assembly invites the member states of the Council of Europe to: 7.1. 7.1. decriminalise abortiondecriminalise abortion within reasonable gestational limits, if they within reasonable gestational limits, if they
have not already done so;have not already done so; 7.2. guarantee women’s effective exercise of their right of access to a 7.2. guarantee women’s effective exercise of their right of access to a
safe and legal abortion;safe and legal abortion; 7.3. allow women freedom of choice and offer the conditions for a free 7.3. allow women freedom of choice and offer the conditions for a free
and enlightened choice without specifically promoting abortion;and enlightened choice without specifically promoting abortion; 7.4. 7.4. lift restrictions which hinder, lift restrictions which hinder, de jurede jure or de facto, access to safe or de facto, access to safe
abortionabortion, and, in particular, take the necessary steps to create the , and, in particular, take the necessary steps to create the appropriate conditions for health, medical and psychological care and appropriate conditions for health, medical and psychological care and offer suitable financial cover;offer suitable financial cover;
7.6. ensure that women and men have access to 7.6. ensure that women and men have access to contraceptioncontraception and and advice on contraception at a reasonable cost, of a suitable nature for advice on contraception at a reasonable cost, of a suitable nature for them and chosen by them;them and chosen by them;
7.7. introduce compulsory age-appropriate, gender-sensitive 7.7. introduce compulsory age-appropriate, gender-sensitive sex and sex and relationships educationrelationships education for young people ( for young people (inter aliainter alia, in schools) to avoid , in schools) to avoid unwanted pregnancies (and therefore abortions);unwanted pregnancies (and therefore abortions);
European Parliament 2009 Equality European Parliament 2009 Equality Report (Tarabella Report)Report (Tarabella Report) adopted II 2010adopted II 2010
38. Emphasises that 38. Emphasises that women must have controlwomen must have control over their over their sexual and reproductive rights, notably through easy sexual and reproductive rights, notably through easy access to contraception and abortion; emphasises that access to contraception and abortion; emphasises that women must have access free of charge to consultation on women must have access free of charge to consultation on abortionabortion; supports, therefore – as it did in its above-; supports, therefore – as it did in its above-mentioned resolution of 3 September 2008 – measures mentioned resolution of 3 September 2008 – measures and actions to improve women’s access to sexual and and actions to improve women’s access to sexual and reproductive health services and to raise their awareness reproductive health services and to raise their awareness of their rights and of available services; invites the Member of their rights and of available services; invites the Member States and the Commission to implement measures and States and the Commission to implement measures and actions to make men more aware of their responsibilities in actions to make men more aware of their responsibilities in relation to sexual and reproductive matters;relation to sexual and reproductive matters;
Strategies of prochoice movementsStrategies of prochoice movements- holding the line- holding the line
At international political levelAt international political level (UN, EU) – no high (UN, EU) – no high profile initiatives promoting right to abortion by profile initiatives promoting right to abortion by prochoice movements, prochoice movements,
- Securing the gains from Cairo, Beijing against Securing the gains from Cairo, Beijing against continuous attempts to undermine and withdraw continuous attempts to undermine and withdraw commitments made (C+s, B+s, MDGs)commitments made (C+s, B+s, MDGs)
UN human rights expert bodies (TMBs) – UN human rights expert bodies (TMBs) – using using HR instuments to address women’s rights violation HR instuments to address women’s rights violation resulting from restrictive legislations (reporting, resulting from restrictive legislations (reporting, filing cases, testimonies) filing cases, testimonies)
Strategies of prochoice movementsStrategies of prochoice movementscon’t con’t
Changing legislationChanging legislation- Nepal (2004), Ethiopia (2005), Columbia Nepal (2004), Ethiopia (2005), Columbia
(2006), Mexico City (2007), Switzerland (2006), Mexico City (2007), Switzerland (2002), Portugal (2007), Spain (2010). (2002), Portugal (2007), Spain (2010).
- Continuous Continuous threats to abortion legislations in threats to abortion legislations in Central and Eastern EuropeCentral and Eastern Europe – Lithuania, – Lithuania, Slovakia, Poland, recently Russia. As a Slovakia, Poland, recently Russia. As a result, strategies are more about protecting result, strategies are more about protecting status quostatus quo than improving laws and policies, than improving laws and policies,
Implementing to the full extent of the law Implementing to the full extent of the law – pushing the boundaries– pushing the boundaries
Litigations Litigations - PERU atPERU at UN Human Rights CommitteeUN Human Rights Committee – – The important precedence The important precedence
case of 17-year-old Peruvian woman KL against Peru. KL was forced case of 17-year-old Peruvian woman KL against Peru. KL was forced to continue pregnancy in spite of serious fetal anomaly (anencephaly) to continue pregnancy in spite of serious fetal anomaly (anencephaly) although the Peruvian law allows for therapeutic abortion. She was not although the Peruvian law allows for therapeutic abortion. She was not only forced to carry the pregnancy to term but also to feed the baby only forced to carry the pregnancy to term but also to feed the baby until her inevitable death. The complaint filed to the UN Human Rights until her inevitable death. The complaint filed to the UN Human Rights Committee by local NGOs together with Center for Reproductive Committee by local NGOs together with Center for Reproductive RightsRights for for the State’s failure to protect the KL’s right to be free from the State’s failure to protect the KL’s right to be free from inhumane and degrading treatment In 2005inhumane and degrading treatment In 2005. T. The Committee issued the he Committee issued the ruling establishing that denying access to legal abortion violates ruling establishing that denying access to legal abortion violates women's most basic human rights. It was the first decision of the women's most basic human rights. It was the first decision of the international human rights body which made a government international human rights body which made a government accountable for failing to ensure access to legal abortion servicesaccountable for failing to ensure access to legal abortion services. .
Implementing to the full extent of the law Implementing to the full extent of the law – pushing the boundaries con’t.– pushing the boundaries con’t.
LitigationsLitigations- - Poland at the European Court of Human RightsPoland at the European Court of Human Rights Polish Polish woman – Alicja Tysiawoman – Alicja Tysiac c
challenged Poland to the European Court challenged Poland to the European Court ofof Human Rights (ECHR) on the issue of Human Rights (ECHR) on the issue of abortion and won. The winning applicant – Alicja Tysiac – is a mother of three abortion and won. The winning applicant – Alicja Tysiac – is a mother of three children, who has been suffering from serious vision impairment and degeneration children, who has been suffering from serious vision impairment and degeneration of the retina from the early childhood. She was classified as a second-degree of the retina from the early childhood. She was classified as a second-degree disability. Another pregnancy was very risky for her poor health condition, but she disability. Another pregnancy was very risky for her poor health condition, but she was denied her right to undergo legal therapeutic abortion The labour of the third was denied her right to undergo legal therapeutic abortion The labour of the third child resulted for Alicja in further deterioration of her eyesight and classification of child resulted for Alicja in further deterioration of her eyesight and classification of the first degree disability. Tysiac supported by the first degree disability. Tysiac supported by the Polish Federation for Women the Polish Federation for Women and Family Planning, decided to execute her rights in the European Court of and Family Planning, decided to execute her rights in the European Court of Human Rights. Human Rights. In March 2007 the European Court of Human Rights decided that In March 2007 the European Court of Human Rights decided that Poland has violated Tysiac’s right to privacy. Poland has violated Tysiac’s right to privacy. Poland was urged to pay her Poland was urged to pay her compensation. Moreover, the Court recommended to introduce to the Polish legal compensation. Moreover, the Court recommended to introduce to the Polish legal system the appellation mechanism to enable women in similar situation to file the system the appellation mechanism to enable women in similar situation to file the complaint against doctor’s decision.complaint against doctor’s decision. In September 2009 the Polish Government In September 2009 the Polish Government established the office of Ombudsperson for Patient’s Rights and appellation established the office of Ombudsperson for Patient’s Rights and appellation commission which although is not perfect may improve the women’s ability to commission which although is not perfect may improve the women’s ability to exercise their reproductive rights at least within the narrow scope of restrictive exercise their reproductive rights at least within the narrow scope of restrictive legislation.legislation.
Struggles for legal abortionStruggles for legal abortion
Expanding human rights framework into Expanding human rights framework into women’s healthwomen’s health
UN Human Rights CouncilUN Human Rights Council - - HRC HRC adoptedadopted the groundbreaking resolution the groundbreaking resolution
recognizing maternal mortality as human rights recognizing maternal mortality as human rights issue issue ((20092009)). The resolution is a creative tool to . The resolution is a creative tool to enhance governments’ accountability. The enhance governments’ accountability. The governments recognized in this resolution that governments recognized in this resolution that “preventable maternal mortality and morbidity is a “preventable maternal mortality and morbidity is a health, development and health, development and human rights challenge human rights challenge that also requires the effective promotion and that also requires the effective promotion and protection of theprotection of the human rights of women and human rights of women and girls”.girls”.
Improving access to abortionImproving access to abortion
ICMA, ICMA, Promoting Medical Abortion as a Promoting Medical Abortion as a safe, accessible, women’s control abortion safe, accessible, women’s control abortion method which can be provided safely not method which can be provided safely not only in legal settings.only in legal settings.
International networking and cross-International networking and cross-fertilization (regional networks associated fertilization (regional networks associated with the ICMA). with the ICMA).
Improving access to abortion con’t.Improving access to abortion con’t.
Focusing on real access before law changeFocusing on real access before law change Providing services to women outside of Providing services to women outside of
official health care systemsofficial health care systems
- Women on WebWomen on Web
- Experience of Latin American Countries Experience of Latin American Countries
Where are we today? Where are we today?
The experience of last 20 years allows for some The experience of last 20 years allows for some moderate optimismmoderate optimism that things are progressing. that things are progressing.
- Political changes in the USPolitical changes in the US- New EU after Lisbon Treaty – needs to be New EU after Lisbon Treaty – needs to be
carefully looked at. carefully looked at. NeededNeeded – strong international and national – strong international and national
movements committed to the cause movements committed to the cause
- New generation of activists and continuous work - New generation of activists and continuous work forward. forward.