European governments must ensure safe and timely access to abortion care during the COVID-19 pandemic

European governments must ensure safe and timely access to abortion care during the COVID-19 pandemic

A joint statement signed by the ICJ and 102 other organizations. 

The COVID-19 pandemic and public health crisis is presenting grave challenges for health care systems across Europe.

As European countries work to address the pandemic, protect their populations, and meet the increased demand on health care workers and health care facilities it is vital that they adopt measures to safeguard the health, human dignity, physical and mental integrity, and reproductive autonomy of women and girls in the region.

In many countries the lack of government measures to guarantee individuals’ safe and timely access to essential sexual and reproductive health services, goods, and information during the pandemic is of particular concern.

Women and girls – this statement refers to women and girls, as the majority of individuals who are needing abortion care identify as such but it equally applies to all individuals who may become pregnant and need abortion care or other sexual and reproductive health care – are facing significant restrictions in safely accessing essential sexual and reproductive health services, particularly timely abortion care, post abortion care, and emergency contraception.

Such restrictions disproportionately impact individuals belonging to marginalized groups, including women living in poverty, women with disabilities, Roma women, undocumented migrant women, adolescents, and women at risk or who are survivors of domestic and sexual violence.

These restrictions also create unnecessary risks of exposure to COVID-19 for women and girls and their families as well as for health care providers.

Particularly grave barriers are arising for women and girls living in European countries where abortion care is illegal or severely restricted, and where as a result they must travel to other countries to access legal care or must obtain abortion medication from outside their own jurisdiction.

These issues can also arise in those European countries where individuals are forced to go through burdensome or harmful administrative processes to access abortion care or where they may have difficulty finding doctors in their country willing to provide care.

We applaud those governments that have moved swiftly to safeguard access to essential time- sensitive sexual and reproductive health care during this time, in particular through ensuring access to telehealth and early medical abortion from home.

We call on all other European governments to follow suit and to follow the guidance of medical and public health experts.

We call on the six European countries (Andorra, Liechtenstein, Malta, Monaco, Poland and San Marino) where abortion is illegal or severely restricted to urgently reform these laws, which place women’s health and lives at risk.

Limitations on travel and transport now compound the impact of these highly restrictive laws. Individuals in these countries may no longer be able to travel abroad or to obtain medication for abortion sent by post from medical providers in other countries. As a result, they face heightened risks to their health and wellbeing.

We call on those countries where abortion is legal but where clinical services are unavailable or difficult to access due to a range of barriers, including medically unnecessary requirements that oblige individuals to take multiple or unneeded trips to health care facilities or undergo mandatory hospitalization, to urgently eradicate those barriers and ensure access to services.

Urgent steps should also be taken to ensure that refusals of care because of private beliefs by doctors do not jeopardize timely access to legal abortion care.

In accordance with human rights obligations3 and the recommendations of medical experts4 the following measures should be adopted, and at a minimum remain in place for the duration of the COVID-19 pandemic:

  • Ensure that abortion is treated as essential and time-sensitive health care and guarantee access to care in a timely manner.
  • Authorize and make available in a timely manner telehealth consultations for anyone who is seeking abortion care or information. Specific measures should be adopted to ensure that telehealth consultations are free or low cost and easily accessible for marginalized groups.
  • Guarantee timely access to early medical abortion throughout each jurisdiction and allow doctors to prescribe the necessary medication via telehealth consultation.
  • Allow individuals to take all abortion medication at home. Requirements in some European countries that one pill must be taken in the physical presence of a doctor or in a health care facility should be removed.
  • Remove mandatory waiting periods prior to abortion as well as mandatory counselling requirements or ensure counselling can be conducted through telehealth consultation.
  • Authorize primary care doctors and midwives to provide early medical abortion.
  • Adopt health system safeguards to guarantee access to care in cases where early medical abortion is not possible or is contraindicated, for individuals who need abortion care later in pregnancy or post-abortion care, or who may need to visit a health care facility for other reasons. Travel in such cases should be deemed essential and permitted even where governments have otherwise restricted free movement.
  • Where a doctor’s authorization is required, this should be limited to one doctor. Requirements for multiple doctors’ approval of an abortion should be removed.
  • Guarantee timely access to prenatal testing and psychosocial support where requested.
  • Guarantee an adequate number of providers willing and able to provide abortion care throughout the country and widely publicize information on how women can identify health care professionals willing and available to provide abortion care. Urgently ensure that refusals of care by doctors do not jeopardize access to abortion care in a time of crisis.
  • Widely disseminate information on those changes to SRHR policies and health care services that are being made in the context of COVID-19 responses.
  • Ensure access to contraception including emergency contraception, including through authorizing telehealth consultations and provision of emergency contraception over the counter in pharmacies without a prescription.

Finally, we call on all policy makers across the European region to reject proposals that purport to restrict access to safe abortion care during the COVID-19 pandemic. These disingenuous proposals simply serve to exacerbate the current public health crisis and have negative effects on the health, lives, and wellbeing of women and girls.

Download the full statement with additional information and the list of signatories

 

 

South Africa: authorities must work urgently to curb gender-based violence under lockdown

South Africa: authorities must work urgently to curb gender-based violence under lockdown

As South Africa enters into its second week of a 21-day lockdown, the ICJ calls on  national, provincial and local government authorities to urgently implement measures to prevent sexual and gender-based violence (SGBV) and protect women and children from it.

The country has been under lockdown since 26 March, with the population remaining at home, physically isolated in an attempt to ‘flatten the curve’ of transmission of the Covid-19 virus.

However, the lockdown means that some are trapped in their homes with their oppressors.

“A lockdown impacts women differently. For some women, being forced into lockdown with an already abusive partner heightens the risk of abuse and violence. It also means less support and fewer chances to seek help,” ICJ Senior Legal Adviser Emerlynne Gil said.

On 3 April, Police Minister Bheki Cele said that the South African Police Services had received 87,000 SGBV complaints violence during the first week of the national Covid lockdown.

Among the complainants was the wife of a police officer who reported that her husband had raped her. The officer has since been arrested.

The South African authorities have taken some steps to enhance women’s access to protection from SGBV during this lockdown, including by ensuring that women have access to courts for urgent civil matters, such as protection orders, as well as ensuring that there is an SMS line through which they can seek help.

Social services and shelters have also been made available. However, the authorities can and should go further in ensuring that these services are widely publicized, and that women have effective access them during the lockdown.

“Under international human rights law, States are legally obliged to take measures to prevent, address and eliminate SGBV,” ICJ Legal Associate Khanyo Farisè said.

“The South African authorities should do more, in particular, by raising awareness about GBV and providing comprehensive multi-sectoral responses to victims.”

Under international human rights law binding on South Africa, such as the Convention on the Elimination of All Forms of Discrimination against Women, States are obligated to take all appropriate measures to eliminate violence against women of any kind occurring within the family, at the work place or in any other area of social life.

In a previous statement, the ICJ also called on States to ensure that measures to tackle Covid-19 are gender responsive.

The ICJ calls on South African authorities to:

  • Widely publicize health and legal services, safe houses and social services and police services available to victims of SGBV, including the hotline 0800-428-428 or *120*786#
  • Effectively respond to reported cases of SGBV and provide protection to victims through a multi-sectoral approach involving all relevant stakeholders.
  • Investigate the causes of SGBV, including the surge of this scourge in the South African context during the COVID19 pandemic, and identify further measures to protect women against SGBV that are specifically required during pandemics.
  • Implement “pop-up” counseling centres in mobile clinics or in pharmacies to support women who experience SGBV.
  • Include the work of domestic violence professionals as an essential service and provide emergency resources for anti-domestic abuse organizations to help them respond to increased demand for services.

Contact

Khanyo  Farisè, ICJ Legal Associate, e: nokukhanya.Farise(a)icj.org

Shaazia Ebrahim, ICJ Media Officer, e: shaazia.ebrahim(a)icj.org

ICJ calls for bold action to end discrimination against women based on religion, tradition, custom, and culture

ICJ calls for bold action to end discrimination against women based on religion, tradition, custom, and culture

The ICJ commemorates International Women’s Day by calling on States all over the world to take decisive steps to abolish or amend laws, policies and practices that discriminate against women and girls, including those belonging to Sexual Orientation, Gender Identity and Expression and Sex Characteristics (SOGIESC) minorities.

“All over the world, we are facing increasing attacks on the rule of law, which intensify existing inequalities resulting in compounded and intersecting forms of discrimination against women and girls, especially women from SOGIESC minorities,” said Emerlynne Gil, ICJ’s global focal point on gender.

The ICJ also calls on frontline justice actors, such as judges, lawyers and law enforcement officers, to take proactive steps in eliminating gender discriminatory practices in their work to further enhance access to justice for women.

Such action includes an open and inclusive discourse on regressive interpretations of religious and customary laws that discriminate against women.

The ICJ also urges States to acknowledge the diverse voices of women in this discourse, including those of women who belong to SOGIESC minorities.

“Women and girls, including those from SOGIESC minorities, are at a heightened risk of human rights abuses, most especially because a greater number among them is now living in poverty and is unable to access information about their rights, as well as justice for the violations they suffer,” added Emerlynne Gil.

.International Women’s Day is a symbolic acknowledgement of women’s struggle for gender equality in all spheres of life.

While celebrating the recognition of women’s legal rights and entitlements, the ICJ also notes with deep concern the growing trend around the world to push back on these advances in a manner that fundamentally violates the rights of women.

In 2019, the ICJ adopted the Tunis Declaration on Reinforcing the Rule of Law and Human Rights (Tunis Declaration), wherein it highlighted how “culture, tradition, or religion are being used to justify laws, policies, and practices that discriminate against women and girls”.

The proliferation of these discriminatory laws, policies and practices “come at a time when there is growing inequality, accelerating climate change, conflict, and large-scale displacement of people.”

Upholding cultural practices is often invoked as a convenient excuse to justify the continued existence of laws, policies, and practices that discriminate against women and girls, including those belonging to SOGIESC minorities.

While the ICJ affirms the importance of respecting cultural rights, these must be exercised in a manner consistent with core rule of law principles of non-discrimination, equality and equal protection of the law.

The ICJ notes that claims of cultural preservation are often based upon harmful gender stereotypes and deeply problematic patriarchal norms and attitudes that undergird the sanctification of discriminatory cultural, religious, traditional, and customary norms.

In the Tunis Declaration, the ICJ recognized “the persistent, deep entrenchment of patriarchal culture that perpetuates gender stereotypes in many national and international institutions, including those of the legal profession and judiciary.”

Harmful gender stereotypes, in turn, severely hamper women from enjoying their human rights and from equal access to justice, including for crimes of sexual and gender-based violence perpetrated against them.

Contact

Emerlynne Gil, ICJ Senior International Legal Adviser, email: emerlynne.gil(a)icj.org

Translate »