The Working Group of Experts on People of African Descent
hrc-wg-africandescent@un.org
Table of Contents
I. Executive Summary 1
II. Summary of the Facts 3
A. Women’s Lives and Health on the Line 4
B. Penalizing Healthcare: Criminalization, Civil Liability, and Involuntary Confinement 15
C. Threats to Privacy from Increased Digital Surveillance 21
D. Freedom of Thought, Conscience and Religion or Belief 24
E. Disproportionate Impact on Marginalized Populations 25
III. Anti-Abortion Legislation Violates International Law 31
IV. List of Signatories 40
V. ANNEX A: 46
States With Abortion Bans Entering Into Effect After Dobbs (as of 01/09/2023) 46
I. Executive Summary
Following the United States (US) Supreme Court decision in Dobbs v. Jackson Women’s Health Organization in June 2022, people residing in the US who can become pregnant are facing a human rights crisis. This urgent appeal to United Nations (UN) mandate holders, supported by a coalition of 196 signatories, details these intensifying harms, discusses the ways in which Dobbs contravenes the US’ international obligations, and sets forth calls to action.
With the Dobbs decision, the US Supreme Court overturned the constitutionally protected right to access abortion, leaving the question of whether and how to regulate abortion to individual states. Approximately 22 million women and girls of reproductive age in the US now live in states where abortion access is heavily restricted, and often totally inaccessible.
Letter to the UN Special Procedures on Abortion Rights in the US
The harms of the Dobbs decision detailed in this appeal include: the impact on women’s lives and health; the penalization of healthcare, including criminalization; threats to privacy from increased digital surveillance; infringement on freedom of thought, conscience and religion or belief; and the disproportionate impact on marginalized populations.
By overturning the established constitutional protection for access to abortion and through the passage of state laws, the US is in violation of its obligations under international human rights law, codified in a number of human rights treaties to which it is a party or a signatory. These human rights obligations include, but are not limited to, the rights to: life; health; privacy; liberty and security of person; to be free from torture and other cruel, inhuman, or degrading treatment or punishment; freedom of thought, conscience, and religion or belief; equality and non-discrimination; and to seek, receive, and impart information.
The signatories call on the UN mandate holders to take up their calls to action, which include communicating with the US regarding the human rights violations, requesting a visit to the US, convening a virtual stakeholder meeting with US civil society, calls for the US to comply with its obligations under international law, and calls for private companies to take a number of actions to protect reproductive rights.
March 2, 2023
Re: Urgent Appeal: Human rights crisis following the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Org.
Dear Experts,
On behalf of the Global Justice Center (GJC), Pregnancy Justice (formerly National Advocates for Pregnant Women), National Birth Equity Collaborative (NBEC), Amnesty International USA (AIUSA), Human Rights Watch (HRW), Physicians for Human Rights (PHR), and other signatories, together with the support of the law firm Foley Hoag LLP, we write to call your attention to the intensifying harm that people residing in the United States who can become pregnant[1] currently face following the US Supreme Court decision in Dobbs v. Jackson Women’s Health Organization (Dobbs, or Dobbs v. JWHO).[2] This submission is supported by a coalition of organizations and experts promoting civil rights, human rights, women’s rights, children’s rights, gender equality, racial justice, religious freedom, economic justice, and the right to access to healthcare.[3]
Before detailing the devastating human rights implications of Dobbs, we recognize, with deep appreciation, the work that many of you have already undertaken to highlight the crisis facing people in the US who can become pregnant. Such efforts, including, but not limited to, an amicus brief in the Dobbs case,[4] joint statements in the wake of the decision,[5] and pre-Dobbs communications to the State regarding the decimation of abortion access in certain parts of the country,[6] have been important in highlighting the State’s failure to uphold its human rights obligations. 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. Thousands are being forced to remain pregnant against their will. 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.
Part II of this submission outlines the consequences of Dobbs on the fundamental human rights of women and girls, as well as the outsized impact it has on certain demographics made vulnerable by systemic oppressions. This factual summary includes input from physicians in various states as part of fact-gathering efforts conducted by a number of organizations involved in this submission. Part III discusses the ways in which Dobbs contravenes the US’ international obligations.
II. Summary of the FactsIn June 2022, the US Supreme Court overturned the constitutionally protected right to access abortion,[7] leaving the question of whether and how to regulate abortion to individual states.[8] As of January 17, 2023, abortion is banned, with extremely limited exceptions, in thirteen states: Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, and Oklahoma.[9] Georgia has banned abortion after six weeks of pregnancy (effectively outlawing access entirely).[10] Approximately 22 million women and girls of reproductive age (ages 15-49) in the US live in states where abortion access is heavily restricted, and often totally inaccessible.[11] Four states have begun restricting access to medication abortions, including by prohibiting the mailing of medication into their jurisdictions.[12] Meanwhile, at least three states (Texas, Oklahoma, and Idaho) enacted so-called “bounty” laws before the Dobbs decision, empowering private citizens to sue providers who carry out abortions.[13] In continuation of the country’s devaluation of the lives of Black and Brown women, communities of color and of lower socio-economic status are bearing the brunt of these laws.[14] Dozens of clinics have closed across the country since Dobbs was decided,[15] increasing travel time and distance for women seeking care — and barring access for those women unable to travel.[16]
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