abortion rights

• FRANCE: ‘The inclusion of the right to abortion in the Constitution is a true feminist victory’

  CIVICUS speaks with Floriane Volt, Director of Public and Legal Affairs at the Women’s Foundation (Fondation des Femmes), about recent changes to the French Constitution to include the right to abortion.

  The Women’s Foundation is a leading French organisation working for women’s rights and freedoms and against gender-based violence.

  Where did the initiative to enshrine the right to abortion in the French Constitution come from?

  Women’s right to control their own bodies is an essential condition for women’s freedom and equality between women and men. So enshrining the right to abortion in the constitution was both a necessity and a consecration of women’s rights and equality.

  It is the role of the constitution – the founding text of our society, which protects the fundamental rights of all citizens – to safeguard the right to control one’s own body. It is an additional guarantee for all women. It will now also prove more difficult to challenge it as it will require constitutional reform, a more complex process than simply deleting it from a piece of legislation.

  Feminist organisations have long called for abortion to be enshrined in the constitution. It was one of the programmatic proposals put forward by the Women’s Foundation and other feminist organisations during the 2022 presidential election. Back in 2017, a female senator, Laurence Cohen, tabled a bill to include this right in the constitution.

  The US Supreme Court’s June 2022 ruling reversing its decision to protect abortion sent shockwaves through the French political scene, and many people called for the right to abortion to be enshrined in the constitution.

• MALTA: ‘People should be able to access abortions locally without the risk of criminalisation or stigmatisation’

  CIVICUS speaks about the struggle for abortion rights and the anti-rights backlash in Malta with Break the Taboo Malta.

  Break the Taboo Malta is a storytelling platform that documents abortion experiences to highlight the lived reality and address abortion stigma in Malta.

• MEXICO: ‘The decriminalisation of abortion is a huge collective achievement for the feminist movement’

  CIVICUS speaks with Alba Adriana Jiménez Patlán, director of the Network for Sexual and Reproductive Rights in Mexico (ddeser), about the historic ruling of the Mexican Supreme Court decriminalising abortion at the federal level.

  Ddeser is a citizen network of women and young activists that disseminates information and defends, demands and monitors respect for sexual and reproductive rights in Mexico.

  What is the current state of abortion rights in Mexico?

  There are many shades of grey. To date, voluntary termination of pregnancy up to the 12th week of gestation, without the need to provide reasons, is legal in 12 of Mexico's 32 states. It is therefore necessary both to continue to push for decriminalisation in the 20 remaining states and to enable access to abortion services throughout Mexico. To really work for women, laws have to be implemented. Decriminalisation is a great first step, but it is still important to act to counter the denial of effective access to services.

  What impact will the recent Supreme Court ruling have?

  The ruling issued by the Supreme Court on 30 August, in response to an amparo appeal – a writ for protection of rights – filed by a civil society organisation (CSO), is very important. In the past, when cases like this came before the Court, we were always silenced with the excuse that states are sovereign to make decisions on these issues. But the Supreme Court has changed a lot in the last decade, and the decriminalisation of abortion through the courts in the state of Coahuila, and then in Aguascalientes, opened the way for the decriminalisation of abortion at the federal level.

  As a result of this ruling, the women who have abortions and those who accompany them will no longer be criminalised throughout Mexico. Accompaniment is central to the work of civil society, and includes the provision of information, as well as reviewing and monitoring access to abortion-related services.

  While the Supreme Court ruling does not resolve the issue of access to abortion services, which is often denied in states where abortion had already been decriminalised, it serves as a reminder that both the Mexican Institute of Social Security and the Institute of Security and Social Services for State Workers must provide the service without restrictions. Those of us who do accompaniment work have an essential role to play in verifying that when women turn to public health institutions they are actually taken care of.

  Do you view this court ruling as a victory for the Mexican women's movement?

  The decriminalisation of abortion is a huge collective achievement for the Mexican feminist movement, which operates in a highly networked way in multiple areas and ranges from those of us who provide information and create spaces for debate to the lawyers who draft bills in favour of women's rights.

  But we must remember that legal, free and safe abortion is not a recent demand. It did not begin with the green tide, the regional movement that started in Argentina and gained momentum in the mid-2010s. It is an issue that the feminist movement has been pushing for since at least the 1970s, when feminists in academia and trade unions advocated for the decriminalisation of abortion and teachers and nurses demanded comprehensive sex education for public school students. Numerous activists and organisations preceded us in this struggle and paved the way for us to finally achieve the goal of free, safe and legal abortion.

  Advocacy and community work have made the difference in this struggle. As an organisation we have contributed by providing information on the grounds for legal abortion and linking institutions so that other specialised organisations can train doctors and nurses to ensure the service is provided.

  How does your organisation work to promote abortion rights?

  We are present in 12 states across Mexico, and we are mainly involved in information distribution and networking. We provide information to women in parks, schools, streets and door-to-door, in Indigenous communities, rural areas and urban peripheries. We let women know that abortion exists and is an option. We also promote women's networks across the country to facilitate access to safe medication abortion.

  We network with healthcare providers and other CSOs, such as Ipas and the Public Policy Advocacy Coordinator at Information Group on Reproductive Choice, to increase the impact of our work for Mexican women's rights.

  Are you experiencing anti-rights backlash?

  The situation varies from state to state. One state we need to pay special attention to is Aguascalientes, a highly conservative state that has a very conservative governor who may try to deny access to services.

  Efforts by conservative forces to limit abortion rights and comprehensive sex education could result in regression. We must understand that the personal really is political, and that the enjoyment of the basic right to make decisions about our own bodies and lives depends on our political choices. Many people, especially young people, think that politics is not important, but the decision on whether to leave government offices and legislative seats in the hands of the far right has huge impacts on all aspects of our lives.

  How do you connect with women's movements in other countries in the region?

  Our movement is part of a broader movement that encompasses all of Latin America and the Caribbean. The green tide has been an inspiration for the whole region, and has reached the USA. The tide has already become a tsunami that won’t stop, and we feel deeply identified with it.

  This regional dimension also involves a lot of work, because we do everything in our power to contribute to progress in other countries in the region. For example, decriminalisation initiatives have been submitted in Brazil and there we have been signing letters, sending videos and making statements. In Argentina we did the same things: some of us travelled there to talk to legislators about the Mexican reality regarding abortion. One of our major points of reference was and still is Colombia. Sixteen years ago we went to Colombia to see how abortion services were provided so they could be replicated in Mexico City.

  We are deeply engaged with what is happening with our colleagues in Central America, where abortion is extremely criminalised. We worked intensely to achieve the decriminalisation of abortion and effective access to this right in Mexico and across the region.

  Civic space in Mexico is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with ddser through its website.

• Outcomes from the UN Human Rights Council's 48th session: Progress & Shortcomings

  Joint statement from the end of the United Nations' 48th Session of the UN Human Rights Council¹

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  13 organisations share reflections on the key outcomes of the 48th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations.

  Thematic issues and resolutions

  To commemorate theInternational Safe Abortion Day, 372 organisations demanded free, safe and accessible abortion for everyone.

  We welcome the adoption of the resolution on the establishment of the UN Special Rapporteur on human rights and climate change, who will focus on the interdependence between human rights, a healthy environment, and combating climate change and we welcome the Council’s historic recognition of the human right to a clean, healthy and sustainable environment. These are vital steps towards addressing the climate crisis and achieving environmental justice.

  Ensuring a safe and enabling environment for civil society participation at the national and international levels is essential.

  We welcome the adoption by consensus of the resolution on cooperation with the UN in the field of human rights, in particular the invitation to the Secretary-General to submit his annual reprisals report to the General Assembly, which will ensure greater attention to the issue and contribute to a more coherent system-wide response across the UN.

  We express concern over the reclassification of NGO written statements submitted to the 48th session of the HRC from Agenda Item 4 to Agenda Item 3 without informing or consulting with the submitting organizations, and without transparency for the reasons or scope of this reclassification.

  We welcome that the resolution on equal participation in political and public affairs puts an important focus on the context of elections and on the impact of COVID-19, underscoring the importance of protecting civil society participation at every level as part of an effective response to the pandemic, in post-pandemic recovery and as a vital component of democratic electoral processes. We regret that, in this and other resolutions, there has been systematic pushbacks against the inclusion of references to children’s right to participate in public affairs, in particular girls, in contravention of international human rights standards.

  We also welcome the resolution on privacy in the digital age. Among other issues, the resolution responds to recent Pegasus revelations and includes new commitments on the use of privately-developed surveillance tools against journalists and human rights defenders. It is now essential that the Council goes further and champions the call made by various UN human rights experts to implement a global moratorium on the sale, export, transfer, and use of private surveillance technology without proper human rights safeguards. We also welcome new language in the text on privacy violations and abuses arising from new and emerging technologies, including biometric identification and recognition technologies. In future iterations of the text, we encourage the core group to go further in calling for a ban on technologies that cannot be operated in compliance with international human rights obligations.

  With the withdrawal of the resolution on the realisation of a ‘better life’, we are glad to see that the Council’s mandate and resources will not be diverted to efforts that would distract from its core work or dilute human rights standards.

  We regret that it was not possible to schedule the briefing by the Peacebuilding Commission (PBC) as per resolution 45/31 – and look forward to future opportunities for exchanges between the HRC and the PBC to learn from one another in efforts to address common contemporary challenges.

  Human rights situations on the Council’s agenda

  We deplore the abandonment of the Yemeni people by the HRC member States who did not support the renewal of the Group of Eminent Experts on Yemen. This failure of the HRC gives the green light to all parties to the conflict to continue their campaign of death and destruction in Yemen. We demand an international criminal investigative mechanism. Anything less is unacceptable.

  We regret that the HRC has not responded to the calls of civil society and the evidence of widespread violations in countries including China, Egypt and Saudi Arabia where the situations manifestly warrant the establishment of international investigation and accountability mechanisms.

  The establishment of a Special Rapporteur on the situation of human rights in Afghanistan supported by additional and dedicated expertise in OHCHR should bring much needed scrutiny. While we are disappointed that the Council did not establish the full-fledged investigative and monitoring mechanism that the situation warrants, we hope this decision represents a first step towards a stronger response to ensure accountability for human rights violations and crimes under international law in Afghanistan.

  While the extension of international scrutiny in Burundi, including through ongoing documentation of violations, is welcome, we regret the absence of a clear strategy post-Commission of Inquiry. As the Burundian government continues to reject cooperation with the Council and its mechanisms and to deny violations, and given that the newly-created Special Rapporteur will not have access to the country for the foreseeable future, it is vital for the Council to rely on benchmarks to design the next steps of its action on, and engagement with, Burundi. We thank the COI for its important work since 2016. It has set the bar high for investigative mechanisms.

  We welcome the extension of the mandate of the Special Rapporteur on the situation of human rights in Cambodia with a mandate to provide an additional oral update to the Council. However, the resolution falls short of the minimum action required to credibly address the increasing regression in democratic space and civil and political rights and to put in place necessary measures to create an environment conducive for free, fair and inclusive elections in 2022 and 2023, including mandating enhanced monitoring and reporting by the High Commissioner.

  More than four years after the beginning of the conflict in the North-West and South-West regions in Cameroon, we deeply regret States’ failure, once again, to collectively address the country’s human rights crisis. As other international and regional bodies remain silent, the Council has a responsibility to act, including through the creation of an investigative and accountability mechanism.

  We welcome the renewal of the mandate of the Fact-Finding Mission (FFM) on Libya but regret that the mandate has only been extended for a 9-month period. The severity of ongoing and past violations and abuses in Libya, including war crimes, requires an FFM with a sustained and properly resourced mandate.

  We welcome a second joint statement on Nicaragua, and urge concerned States to step up collective action in light of increasing repression ahead of the November 7 elections. Should the Government not revert course, it is fundamental that the Council takes stock and provides an adequate, strong response, including the establishment of an international mechanism at its 49th session.

  We welcome the High Commissioner's oral updates on the Philippines. While the UN Joint Program on Human Rights (UNJP) might provide a framework for improvements, we remain concerned that the UN Joint Programme on Human Rights is instrumentalized by the Government only to please the international community. The national accountability mechanism fails to show meaningful progress. We continue to urge the Council to consider establishing a Commission of Inquiry on the Philippines, to eventually start the long-overdue independent and transparent investigation into the human rights violation in the country.

  We welcome the robust resolution that extends the mandate of the Independent Expert on Somalia for a further year.

  While human rights advancements since 2019 in Sudan should be recognized, Sudan still faces significant human rights challenges including threats of the militarization of the State which is also the most challenging peril for women’s rights and WHRDs in Sudan. The transition is not complete, and political uncertainty remains. Against this backdrop, the Council’s decision to discontinue its formal monitoring of and reporting on Sudan is premature as the military establishment continues to pose a threat to democracy and stability in Sudan. We urge the Sudanese authorities to fully cooperate with the UN human rights system to address ongoing violations including sexual and gender based violence and the legacy of 30 years of dictatorship, including impunity for crimes under international law.

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  ¹   Signatories :

  1. International Service for Human Rights (ISHR)
  2. Cairo Institute for Human Rights Studies
  3. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  4. Commonwealth Human Rights Initiative (CHRI)
  5. FIDH
  6. ARTICLE 19
  7. International Commission of Jurists
  8. FORUM ASIA
  9. International Bar Association
  10. Franciscans International
  11. CIVICUS: World Alliance for Citizen Participation
  12. Association of Progressive Communications - APC
  13. Child rights connect
• Poland debates prison terms for abortion in new blow to women’s rights

  🇵🇱#Poland: Today the Polish Sejm will discuss a bill which proposes a total #AbortionBan, jail time for having an abortion & criminalises those who provide assistance. Polish women are protesting: "This is a full blown war on women in Poland".#WarOnPolishWomen #16Days pic.twitter.com/DaevBFodUw

  — CIVICUS (@CIVICUSalliance) December 1, 2021

  Joint press release by IPPF EN and CIVICUS 

  The Polish Parliament is set to discuss an anti-abortion bill from a religious ultra conservative group to jail women who access abortion and criminalize anyone who helps them do so, including family members, friends and doctors.  

• POLAND: ‘Abortion rights will inevitably be at the forefront of this year’s International Women’s Day’

  CIVICUS speaks about the upcoming International Women’s Day and Polish civil society’s role in advancing women’s rights with the team of the Helsinki Foundation for Human Rights (HFHR).

  Founded in 1989 by the members of the Helsinki Committee in Poland, the HFHR is a civil society organisation (CSO) that seeks to promote the development of a culture based on respect for freedom and human rights in Poland and abroad. Since 2007 it has had consultative status with the United Nations Economic and Social Council.

   

  What role has Polish civil society played in advocating for abortion rights, both before and during the pandemic?

  Polish civil society has advocated for abortion rights for almost 30 years. Jointly with other CSOs, HFHR has continuously monitored the implementation of the legal provisions of the Abortion Act and represented women who were denied access to abortions they were entitled to.

  One such case was P. and S. v. Poland, which led to a decision by the European Court of Human Rights that declared Poland responsible for improperly hindering access to abortion by a 14-year-old girl. Polish laws allow abortion if the pregnancy is the consequence of a crime, and in 2008 P. was given a public attestation that authorised her to get an abortion due to her age, as sexual intercourse with minors under 15 is codified as a crime. But doctors in two hospitals refused to provide the abortion, and they even forced her to speak to a priest and disclosed her case to the media, as a result of which she was harassed by anti-abortion activists. They got the police involved and removed her from her mother’s custody. The European Court of Human Rights ruled that Poland had violated Article 3 of the European Convention on Human Rights, which bans ‘inhuman or degrading treatment’.

  That was a landmark case and should have been the gateway to a growing recognition of abortion rights. However, the situation only got increasingly worse. Despite civil society opposition, further restrictions were imposed on access to legal abortion. In October 2020, while we were in the middle of the pandemic, a Constitutional Tribunal judgement made access to abortion almost impossible in practice. 

  Civil society played a crucial role in mobilising in protest against the judgement. And thanks to the engagement of CSOs such as the Federation for Women and Family Planning and Abortion Dream Team, women who required access to abortion received information, legal assistance and other forms of help.

  But as a reaction to these protests and acts of resistance, the environment for women’s rights activism deteriorated. Shortly after the protests, at least seven women’s rights and human rights CSOs advocating for sexual and reproductive rights were harassed and threatened and their activists targeted with disinformation campaigns from the government and government-aligned media. Several activists who participated in protests were detained and some face politically motivated criminal charges, including for allegedly breaking pandemic rules.

  How has the pandemic impacted on your work?

  HFHR is the oldest and largest human rights CSO in Poland. We provide legal assistance to victims of human rights abuses, monitor legal changes affecting human rights and participate in public discussion about the protection of human rights. We focus on the situation in Poland, but also on some other countries in Central and Eastern Europe and Central Asia.

  The COVID-19 pandemic heavily impacted on our work. For obvious reasons, many of our in-person meetings were cancelled and we could not get people together. To substitute for this, we shifted online and enhanced our presence on social media. We used it to get in touch directly with our supporters. This allowed us to broaden our audience.

  The pandemic also brought new and serious challenges to human rights, including but not only in the area of healthcare. HFHR has monitored pandemic-related legal developments, including restrictions on the right to peaceful assembly. We analysed the impact of the pandemic on human rights protections and made recommendations about this, and intervened in a number of cases in which pandemic-related restrictions on fundamental rights were imposed that were disproportionate and unconstitutional, such as in cases involving restrictions on the rights of defendants in criminal proceedings.

  How is civil society advocating for gender equality and how are the authorities responding?

  The Polish government has not adopted a comprehensive strategy for promoting gender equality. Further, the state’s institutional system to protect equal treatment has been severely weakened. Not only is the state doing nothing – it is also not very welcoming of civil society initiatives on the matter. 

  CSOs continue working for gender equality through training activities, programmes and initiatives involving key stakeholders – for instance, by providing school training sessions on equal treatment. But instead of supporting these efforts, parliament recently adopted changes to the Education System Act that will significantly limit the access of CSOs to schools and educational facilities. The law has not come into force yet and has just been vetoed by the president.

  The International Women’s Day theme for 2022 is #BreakTheBias. How are you organising around it in the communities you work with?

  We think the fact that it is now almost impossible to access abortion is one of the key issues hindering women’s rights in Poland. Sexual and reproductive rights will inevitably be at the forefront of IWD in Poland this year, and this will surely remain one of the priority topics for HFHR in upcoming years.

  Civic space in Poland is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with the Helsinki Foundation for Human Rights through itswebsite orFacebook page, and follow@hfhrpl on Twitter.

• SIERRA LEONE: ‘We are dealing with a relentless campaign by anti-rights groups’

  CIVICUS speaks about the struggle for sexual and reproductive health rights in Sierra Leone with Nicky Spencer-Coker, head of advocacy and movement building of Purposeful Sierra Leone.

  Purposeful is a feminist hub for girls’ activism, rooted in Africa and working all around the world. The organisation has played an active role in promoting the Safe Motherhood and Reproductive Health Bill in Sierra Leone.

  What is the Safe Motherhood and Reproductive Health Bill?

  The Safe Motherhood and Reproductive Health Bill is currently being drafted following the president’s announcement that his government unanimously backs an initiative to promote risk-free motherhood, made during the 10th Africa Conference on Sexual Health and Rights held in Freetown, Sierra Leone, in early July. But the message that came out on the media was that Sierra Leone had legalised abortion, which was actually not the case.

  Following its announcement, the government has hired national and international consultants to take part in the process. Further, a working group that includes activists, practitioners and government officials is working alongside the Ministry of Health.

  The expectation is that the bill will have reached parliament by the time the new parliament opens in October. Sierra Leone will have elections next year and we do not want this to carry over into the election period because we could face problems with members of parliament wanting to protect their seats by not engaging with an initiative that could be viewed as controversial, as it should include access to sexual and reproductive health services. We hope the bill will be submitted to parliament by October and it will pass this year.

  In 2015 parliament passed the Safe Abortion Act, which was supposed to allow women and girls access to safe abortions. But the former president blocked the bill, possibly due to both lack of political will and pressure from anti-rights and religious groups.

  It is worrying that the same issues that led the former president to not sign the Safe Abortion Act continue to be raised by certain segments of society in the context of the Safe Motherhood and Reproductive Health Bill. We hope this time around it will be different because our president has signalled that he and his cabinet are willing to challenge abortion stigma in the context of health services for girls and women.

  In addition, our government has signed international instruments such as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which requires states to provide people with access to adequate and affordable health services. This puts pressure on the government to respect and promote the right of women to health, including sexual and reproductive health. We remain hopeful that these commitments will be fulfilled.

  How has civil society in general, and your organisation in particular, advocated for abortion rights?

  Women’s rights groups and activists for sexual and reproductive health rights have been fighting for the abolition of colonial-era abortion laws for years, with the movement growing stronger in 2014 and 2015 when the Safe Abortion Act was being advanced. Most of these organisations and activists collaborate under the umbrella of the People’s Alliance for Reproductive Health Advocacy, a coalition that advocates for sexual and reproductive rights through engagement, dialogue and partnership with key stakeholders.

  As well as being part of the coalition, Purposeful also operates as an independent organisation that carries out our own advocacy work in communities. We are an African-led feminist hub for girls’ activism, and we want to make sure Sierra Leonean girls inherit a world where they can live safely and have choices. High on our agenda are sexual and reproductive rights, but we work on a wide platform including the provision of comprehensive sexual education, accurate information on reproductive health choices and life skills.

  A strategy that has proven particularly successful for the Coalition has been to engage directly with various groups of stakeholders. We have tried to stay in constant dialogue with organisations and people who vehemently oppose women’s sexual and reproductive rights. Telling human stories that show how women and young girls are affected by the lack of access to reproductive health services has helped bring awareness of the severity of the issues we face.

  Over the years, the Coalition has been fortunate to work with medical professionals and the Ministry of Health to shift the narrative on the safe termination of pregnancy and safe motherhood in Sierra Leone, a country with a very high rate of teenage pregnancy and maternal mortality. A significant number of these deaths are caused by lack of access to safe abortion and reproductive health choices.

  Have you faced anti-rights backlash?

  In 2015, when the Safe Abortion Act was being discussed, there were several confrontations between anti-rights groups and civil society activists, and I was nearly assaulted when attending a parliamentary session. For the drafting of the current bill we are not seeing the same level of aggression, but we are dealing with a relentless campaign by some anti-rights and religious groups that are going on radio and television to denounce a bill that does not even yet exist.

  We don’t find the backlash surprising and we know that the position of certain groups won’t ever change. But it’s the government’s responsibility to look to the greater good and ensure the health and wellbeing of women and girls.

  Besides, we have seen a positive response from the public. I think this is the result of civil society’s focus on sharing information and creating awareness. We also appreciate international attention, as it will provide incentives for the government to stay true to its words.

  What are the next steps, and what kind of international support would Sierra Leonean civil society need?

  There is a joint drive by the Ministries of Education and Health to ensure the success of the initiative that is pushing the government to provide comprehensive sexual education in schools. Our country has extremely high rates of teenage pregnancy, which we hope to reduce through education. While legalising abortion is important, many other issues regarding accessible and affordable health services for women and girls must also be addressed, and healthcare professionals must be adequately trained to provide those services.

  We need international civil society to keep these issues on the agenda. In Africa we have noticed that when you stop insisting on something, governments automatically think the issue is off the table and there’s no need for them to do anything about it. It’s our job to continue to remind our government that it has signed certain instruments that make it imperative for it to recognise the reproductive rights of women and girls. We also need to have a cross-border conversation with other African countries that have more progressive reproductive health rights legislation.

  Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Purposeful through itswebsite orFacebook andInstagram pages, and follow@Purposeful_org on Twitter.

• USA: ‘Extremist politicians have been hellbent on stigmatising and banning abortion for decades’

  CIVICUS speaks with Caroline Duble, Political Director of Avow – Unapologetic Abortion Advocacy, about the current backlash against women’s rights in the USA, and in Texas in particular, as well as the activist responses. Avow is a civil society organisation that works to secure unrestricted abortion access for every Texan, following the vision of a society in which every person is trusted, thriving and free to pursue the life they want.

  How did we get to the point where abortion has been almost completely banned in Texas? 

  For people just now hearing about this cruel ban, which prohibits abortions as early as six weeks into pregnancy, it can be hard to believe that something so extreme could ever be passed into law. But as Texans who have been long fighting for abortion access, we know that extremist politicians have been hellbent on stigmatising and banning abortion for decades. This is clear if you look at the full timeline of medically unnecessary restrictions on abortion procedures that were passed in Texas since the 1973 Supreme Court ruling on Roe v. Wade, which determined that the Constitution of the United States protects a pregnant woman’s freedom to choose to have an abortion without excessive government interference. They have been relentless, deceitful and cruel in their attempts to push care out of the reach of Texans who need it. 

  How is this different from previous, less successful attempts to ban abortion in other states? 

  Unlike bans in other states, which are enforced by state officials, this bill – known as Senate Bill 8, or SB8 – gives the public unprecedented authority to enforce the ban. It allows anyone – including anti-abortion activists who have no connection to the patient – to act as vigilante bounty hunters and to take to court doctors, health centres and anyone who helps another person access abortion, with the incentive that they will collect US$10,000 for each abortion. In other words, Texas is trying to evade judicial scrutiny and accountability in the courts by encouraging private citizens to do the dirty work for them. But SB8’s legal manoeuvring does not change the fact that banning abortion at six weeks is unconstitutional, and even more importantly, it is unjust and wrong.

  What have been the immediate consequences of the ban, and how are people protesting?

  SB8 is working as intended. Since the law went into effect on 1 September, it has decimated our already vulnerable care infrastructure and has left Texans who need access to care and support services scared to reach out for help, and advocates afraid to help them. Under this law, Texans are being denied the abortions they want and need. Many people are trying to scrape together thousands of dollars to travel out of state, take time off work and arrange childcare and transportation.

  Many Texans are self-managing their abortions, which can be extremely safe but only if the pregnant person has access to information and resources. And tragically, countless Texans are being forced to carry pregnancies against their will. Of course, this is falling hardest on Black, Latinx and Indigenous people, undocumented people and low-income Texans, who are facing the most severe barriers to accessing care out of state and disproportionate harm from this law.

  People are protesting by funding abortion. Texas abortion funds have collectively raised well over US$3 million since 1 September, and those funds will largely be used to get people out of state. People are also literally protesting! Check out #BansOffOurBodies to see protest footage from around the country, and particularly the marches for reproductive rights that took place on 2 October. And of course, people are learning about self-managed abortion, because abortion bans don’t curve the need for abortions.

  What tactics is Avow using in its work to prevent regression and expand sexual and reproductive rights? 

  Avow will continue to fight unapologetically for unrestricted abortion access for all Texans, for any reason. Abortion is essential healthcare, and it should be readily accessible to anyone in our state who needs or wants one. We’re leading this movement and changing the culture with an unapologetic abortion-forward mindset, through community-building, education and political advocacy.

  We work to portray abortion in a positive light because abortion is safe, common and normal, although you wouldn’t know that because abortion stigma keeps people from sharing their stories. We are committed to changing the conversation about abortion to reflect that reality. For too long, anti-abortion extremists have dictated how we’re allowed to talk about abortion; by spreading lies and medical inaccuracies they have controlled the narrative so much that even abortion rights supporters don’t feel comfortable saying the word and prefer to use euphemisms such as ‘women’s rights’, ‘reproductive health’ and ‘choice’. This has allowed stigma to permeate abortion care and ultimately shame people who have had abortions, and feeds into a narrative about ‘good’ and ‘bad’ abortions. But we refuse to judge a person’s reason for getting an abortion, and instead support them once they have made their decision. 

  Looking ahead to the 2022 midterm elections, Avow is preparing to hold anti-abortion legislators accountable through digital ads, on the ground organising and voter mobilisation. We are also pushing the federal government to do more to protect abortion rights by passing the Women’s Health Protection Act, which seeks to establish a statutory right for healthcare providers to provide abortion care, and a corresponding right for their patients to receive that care, free from medically unnecessary restriction. We are also calling on them to repeal the racist Hyde Amendment, a 1980 legislative provision barring the use of federal funds to pay for abortion. We will also continue our work to bust abortion stigma by helping people talk about abortion openly and what access means to them.

  What are the prospects of the ban being overturned?

  It is deeply concerning that the Supreme Court did not block this law before even having a hearing. For nearly 50 years the Supreme Court has affirmed that the Constitution guarantees the right to an abortion, but in Texas we are now living under a different reality. Many people assume the Supreme Court is an objective legal body, but justices are appointed by presidents, and presidents have political agendas. The Supreme Court’s refusal to block SB8 from going into effect is simply more evidence of what we’ve known for years: the courts will not save us. It is necessary to pass federal legislation to secure unrestricted abortion access and funding for everyone in this country. 

  With that being said, we are grateful that the Department of Justice (DOJ) is taking legal action to fight SB8. The DOJ is requesting a temporary restraining order and preliminary injunction in a federal court based in Austin, capital of Texas. If granted, this restraining order would stop the State of Texas, including private parties who would bring suits under the law, from implementing or enforcing SB8. This is a necessary first step in what we expect will be a long court battle to stop this law. A restraining order should absolutely be granted because the law is clearly unconstitutional and because Texans need access to abortion care while the law makes its way through the court system.

  What kind of support do abortion rights groups in the USA need from their peers around the world?

  The best thing that folks outside of Texas can do for us is support us by contributing to Texas abortion funds and political advocacy organisations, and by uplifting our message. Also, look more closely at how abortion bans and stigma impact on your own community. Instead of boycotting Texas businesses, pass local ordinances that provide practical support funding for people in your region seeking abortions.

  Civic space in USA is rated ‘obstructed’ by theCIVICUS Monitor.
  Get in touch with Avow through itswebsite,Facebook orInstagram page, and follow@avowtexas and@CarolineDuble on Twitter.