Part 2: The Global Gag Rule and Freedom of Association
This is the second of a two-part post illustrating how U.S. abortion restrictions violate the ICCPR’s requirements for lawful restrictions on the freedom of speech and association, which is examined in more detail in the Global Justice Center’s recent brief. Although the Helms and Siljander Amendments (discussed in Part 1) also violate the freedom of association in various ways, this post focuses on the Global Gag Rule and its unique effects on the freedom of association.
The Global Gag Rule Strikes Again
Over one year has passed since the Trump administration announced it was expanding the Global Gag Rule (Gag Rule) (also known as the “Mexico City Policy” and now “Protecting Life in Global Health Assistance”) to cover all U.S. global health assistance funding—a significantly larger amount of foreign aid than previous iterations. The expanded Gag Rule (an executive branch policy) prohibits foreign NGOs that receive U.S. global health assistance funding from “perform[ing] or actively promot[ing] abortion as a method of family planning,”[i] and from using funding from any source (whether foreign or domestic) to carry out abortion-related activities, including counseling, referrals, advocating for increased access to abortion, or lobbying to legalize abortion. By continuing to prevent foreign NGOs from using any of their funding for these activities, U.S. policy violates international law protecting the freedom of association by preventing work and advocacy on a particular human right.
The Right to Freedom of Association Includes Access to Funding
ICCPR Article 22 guarantees the right to freely associate with others, including an association’s right to carry out all its statutory activities. As described in detail in the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association’s 2013 report, the right to access funding and other resources is essential to associations’ existence and effectiveness, and is thus also protected by Article 22. International law does not distinguish between sources of funding, and recognizes that associations have the right to seek funding from domestic, foreign, and international sources alike. Like those on freedom of speech, restrictions on the freedom of association are only permitted where they are provided by law, serve a legitimate aim (to respect the rights or reputations of others or to protect national security, public order, public health or morals), and are necessary in a democratic society and proportionate to achieving that aim. The Gag Rule exemplifies how U.S. restrictions on abortion speech, activities, and funding violate the ICCPR’s requirements for restrictions on the freedom of association. Continue reading