Politics of abortion rights work Politics of abortion rights work WANDA NOWICKA Expanding Access to Medical Abortion Building on Two Decades of Experience Lisbon, March 2-4, 2010

Politics of abortion (international forums)  International Institutions  „Consider reviewing laws containing punitive measures against women who have undergone illegal abortions” 106.k BPoA (1995)  „In recognizing and implenmenting above, and in circumstances where abortion is not against the law, health systems should train and equip health-service providers and should take other measures to ensure that such abortion is safe and accessible”. 63iii C+5 (1999)  Based on above, the WHO Guidance „Safe Abortion: Technical and policy guidance for health systems” (2003)

Politics of abortion (international forums) con’t  Growing negative climate around abortion issue during last decade in international forums  Reasons:  Bush era ( ) and 9/11 histeria,  Active and very visible anti-choice movment at int’l forums – often using human rights framework (Catholic Institute for Human Rights),  EU – effects of EU Enlargement („Holy Alliance” _ Ireland, Poland and Malta) paralizing consensus of the EU on SRHR and stronger EU policies

Abortion – invisible issue (the less the better)  Abortion hidden within SRHR concept -Strategy of the opposition: SRHR means abortion  Maternal health  Postabortion care

Abortion- medical issue trap  Abortion - public health issue. - Addresses only extreme situations - Addresses only extreme situations  Abortion – should not be promoted as a family planning method. - Awfulization of abortion, it is not treated as a medical procedure necessary for women’s health and rights - Awfulization of abortion, it is not treated as a medical procedure necessary for women’s health and rights  Not a right issue. - Autonomy of women, decision-making right not recognized

Access to safe and legal abortion in Europe Resolution of the Council of Europe (2008)  6. The Assembly affirms the right of all human beings, in particular women, to respect for their physical integrity and to freedom to control their own bodies. In this context, the ultimate decision on whether or not to have an abortion should be a matter for the woman concerned, who should have the means of exercising this right in an effective way.

Access to safe and legal abortion in Europe Resolution of the Council of Europe (2008) con’t.  7. The Assembly invites the member states of the Council of Europe to:  7.1. decriminalise abortion within reasonable gestational limits, if they have not already done so;  7.2. guarantee women’s effective exercise of their right of access to a safe and legal abortion;  7.3. allow women freedom of choice and offer the conditions for a free and enlightened choice without specifically promoting abortion;  7.4. lift restrictions which hinder, de jure or de facto, access to safe abortion, and, in particular, take the necessary steps to create the appropriate conditions for health, medical and psychological care and offer suitable financial cover;  7.6. ensure that women and men have access to contraception and advice on contraception at a reasonable cost, of a suitable nature for them and chosen by them;  7.7. introduce compulsory age-appropriate, gender-sensitive sex and relationships education for young people (inter alia, in schools) to avoid unwanted pregnancies (and therefore abortions);

European Parliament 2009 Equality Report (Tarabella Report) adopted II 2010  38. Emphasises that women must have control over their sexual and reproductive rights, notably through easy access to contraception and abortion; emphasises that women must have access free of charge to consultation on abortion; supports, therefore – as it did in its above- mentioned resolution of 3 September 2008 – measures and actions to improve women’s access to sexual and reproductive health services and to raise their awareness of their rights and of available services; invites the Member States and the Commission to implement measures and actions to make men more aware of their responsibilities in relation to sexual and reproductive matters;

Strategies of prochoice movements - holding the line  At international political level (UN, EU) – no high profile initiatives promoting right to abortion by prochoice movements, -Securing the gains from Cairo, Beijing against continuous attempts to undermine and withdraw commitments made (C+s, B+s, MDGs)  UN human rights expert bodies (TMBs) – using HR instuments to address women’s rights violation resulting from restrictive legislations (reporting, filing cases, testimonies)

Strategies of prochoice movements con’t  Changing legislation -Nepal (2004), Ethiopia (2005), Columbia (2006), Mexico City (2007), Switzerland (2002), Portugal (2007), Spain (2010). -Continuous threats to abortion legislations in Central and Eastern Europe – Lithuania, Slovakia, Poland, recently Russia. As a result, strategies are more about protecting status quo than improving laws and policies,

Implementing to the full extent of the law – pushing the boundaries  Litigations -PERU at UN Human Rights Committee – The important precedence case of 17-year-old Peruvian woman KL against Peru. KL was forced to continue pregnancy in spite of serious fetal anomaly (anencephaly) 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 until her inevitable death. The complaint filed to the UN Human Rights Committee by local NGOs together with Center for Reproductive Rights for the State’s failure to protect the KL’s right to be free from inhumane and degrading treatment In The Committee issued the ruling establishing that denying access to legal abortion violates women's most basic human rights. It was the first decision of the international human rights body which made a government accountable for failing to ensure access to legal abortion services.

Implementing to the full extent of the law – pushing the boundaries con’t.  Litigations - Poland at the European Court of Human Rights Polish woman – Alicja Tysiac challenged Poland to the European Court of Human Rights (ECHR) on the issue of abortion and won. The winning applicant – Alicja Tysiac – is a mother of three 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 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 child resulted for Alicja in further deterioration of her eyesight and classification of the first degree disability. Tysiac supported by the Polish Federation for Women and Family Planning, decided to execute her rights in the European Court of Human Rights. In March 2007 the European Court of Human Rights decided that Poland has violated Tysiac’s right to privacy. Poland was urged to pay her compensation. Moreover, the Court recommended to introduce to the Polish legal system the appellation mechanism to enable women in similar situation to file the complaint against doctor’s decision. In September 2009 the Polish Government established the office of Ombudsperson for Patient’s Rights and appellation 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 legislation.

Struggles for legal abortion

Expanding human rights framework into women’s health  UN Human Rights Council - HRC adopted the groundbreaking resolution recognizing maternal mortality as human rights issue (2009). The resolution is a creative tool to enhance governments’ accountability. The governments recognized in this resolution that “preventable maternal mortality and morbidity is a health, development and human rights challenge that also requires the effective promotion and protection of the human rights of women and girls”.

Improving access to abortion  ICMA, Promoting Medical Abortion as a safe, accessible, women’s control abortion method which can be provided safely not only in legal settings.  International networking and cross- fertilization (regional networks associated with the ICMA).

Improving access to abortion con’t.  Focusing on real access before law change  Providing services to women outside of official health care systems -Women on Web -Experience of Latin American Countries

Where are we today?  The experience of last 20 years allows for some moderate optimism that things are progressing. -Political changes in the US -New EU after Lisbon Treaty – needs to be carefully looked at.  Needed – strong international and national movements committed to the cause - New generation of activists and continuous work forward.