The UN High Commissioner for Human Rights considered that the sentence issued this Friday by the Supreme Court of the United States that ends the constitutional protection of abortion in that country “is a major setback after five decades of protection of health and sexual and reproductive rights”.
Michelle Bachelet considered that the ruling of the High Court, which returns to the states the right to legislate on the protection of pregnancy, represents “a heavy blow to the human rights of women and gender equality.”
Bachelet considered that access to “safe, legal and effective” abortion is an element “firmly rooted” in international human rights law, and that it constitutes the “central axis of the autonomy of women and girls” because it determines “their own decisions about his body and his life, without any type of discrimination, violence or coercion”.
“This decision deprives millions of women in the United States of that autonomy, particularly those with low incomes and those belonging to racial and ethnic minorities, to the detriment of their fundamental rights“, specific.
Lastly, he recalled that, over the last 25 years, more than 50 countries with previously restrictive laws have liberalized their abortion legislation.
“With today’s sentence, the United States is unfortunately moving away from this progressive trend,” he stressed.
The ruling represents a setback for the rule of law
A group of human rights specialists* joined Bachelet’s opinion, describing the situation as “scandalous and dangerous”, warning that it will endanger the health and lives of women
“What happened today in the United States it is a monumental setback for the rule of law and for gender equality. With a stroke of the pen and without sound legal reasoning, the country’s Supreme Court has stripped women and girls of the legal protections necessary to ensure their ability to live in dignity,” they said.
Experts noted that this “new restrictive legal environment” will not lessen a person’s need for an abortion, and that it only guarantees an increase in the number of women and girls who will undergo clandestine and unsafe abortions.
They agreed with Bachelet that the ruling particularly harms women who belong to racial minorities and who live in poverty, adding that it will increase the stigma related to abortion, leading to abuse of women who need post-abortion care.
The decision forces some women to leave their homes to abort
Likewise, they expressed their concern about what they consider to be a “lack of clarity regarding the legal margins” for abortion after the Roe v. Wade – which ruled that the Constitution protects a pregnant woman’s freedom to terminate her pregnancy without government restrictions – which will now vary based on place of residence and risk of persecution.
“We are deeply concerned about the situation of women that they will be forced to leave their homes and travel to other states in search of a safe abortion or that they will be forced to endure forced pregnancy and motherhood,” they said.
The experts called on the administration of President Joe Biden to issue executive orders to protect access to safe abortion, to provide states with funding to provide this type of service, and to limit measures aimed at restricting the travel of people who want to have a safe abortion.
“The decision to continue with a pregnancy or to terminate it must be fundamentally and primarily that of the woman., as it will determine your future personal and family life. A woman’s right to make autonomous decisions about her body and her reproductive functions is at the base of her fundamental right to equality, non-discrimination, health and privacy,” they pointed out.
45% of all abortions performed are unsafe
For his part, the spokesman for the General secretary declared “having seen and taken note” of the decision of the Supreme Court and reiterated that the Organization’s position “is that sexual and reproductive health and rights are the basis of a life of choice, empowerment and equality for women and girls of the world”.
During his daily meeting with the press, Stephane Dujarric emphasized that restricting access to abortion “does not prevent people from seeking an abortion; it only makes it more deadly. That’s what our data says.”
Dujarric, citing information from the Population Fund of the United Nations (UNFPA), said that About 45% of all abortions in the world are unsafe, making it one of the leading causes of maternal death.
UNFPA itself and UN Women they issued statements along similar lines to that expressed by the spokesman.
*The experts are: the Working Group on Discrimination against Women and Girls: Melissa Upreti (Chair), Dorothy Estrada Tanck (Vice Chair), Elizabeth Broderick, Ivana Radačić and Meskerem Geset Techane; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and Reem Alsalem, Special Rapporteur on violence against women, its causes and consequences.
The following Special Procedures mandate holders also endorsed the statement: Ahmed Shaheed, Special Rapporteur on freedom of religion or belief; Gerard Quinn, special rapporteur on the rights of persons with disabilities; Alexandra Xanthaki, special rapporteur in the field of cultural rights; Siobhán Mullally, special rapporteur on trafficking in persons, especially women and children; E. Tendayi Achiume, special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Ana Brian Nougrères, special rapporteur on the right to privacy
The special rapporteurs and the Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name for the Council’s independent investigative and monitoring mechanisms that deal with specific country situations or thematic issues around the world. . The experts of the Special Procedures work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and provide their services in their individual capacity.
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