International Women’s Freedom Act of 2013
A BILL
To express United States foreign policy with respect to, and to strengthen United States advocacy on behalf of, individuals persecuted and denied their rights in foreign countries on account of gender, and for other purposes.
Sec. 2 Findings; policy
Findings— Congress makes the following findings:
Support for human rights is the cornerstone of American foreign policy, and the advance of women's rights and the advance of liberty are ultimately inseparable.
A number of international human rights instruments, as well as several international declarations, have recognized the equal rights of men and women and articulated specific aspects of women’s human rights, including the Universal Declaration of Human Rights, the Charter of the United Nations, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination against Women, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, the Declaration on the Elimination of Violence against Women, and the Beijing Declaration and Platform for Action.
Article 1 of the Universal Declaration of Human Rights recognizes that “all human beings are born free and equal in dignity and rights”, and Article 7 recognizes that “all are equal before the law and are entitled without any discrimination to equal protection of the law”. Article 3 of the International Covenant on Civil and Political Rights recognizes that the State Parties to the Covenant “undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant”. Article 26 of the Covenant provides that “all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the laws of each State Party shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. The Preamble of the Charter of the United Nations affirms the equal rights of men and women. Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Women's rights are fundamental rights, regardless of race, country, creed, or nationality, and should never be arbitrarily abridged by any government.
Barbaric treatment of women persists in many parts of the world. Women suffer both government-sponsored and government-tolerated violations of their human rights. In countries where women are subject to particularly severe restrictions, women cannot work outside the home, cannot attend schools or universities, cannot drive, cannot leave the home without a male companion, may only use segregated transportation, cannot obtain a passport or travel without the permission of a male relative, must wear particular clothing, must black out house windows in public view, cannot obtain quality health education, and have limited access to health care because a male relative must be present or because male doctors are not allowed to touch female patients. The “In-depth study on all forms of violence against women” conducted by the Secretary General of the United Nations found that in many countries, women’s economic opportunities are severely limited because of discrimination in employment, property rights, and access to resources. These inequalities work to limit women’s independence and make them more vulnerable to further discrimination, including violence.
Violence against women is a form of discrimination which is pervasive throughout all parts of the world. In many countries, governments condone or perpetrate violence against women. Women are subject to various manifestations of brutal violence, including female genital mutilation, honor killings, domestic violence, gender-based murders, rape, trafficking, forced early marriage, and the maltreatment of widows. Perpetration of violence by the country can include custodial violence, forced sterilization, sexual violence during armed conflict, and policies on forced pregnancy and forced abortion. Violence against women has consequences for their health and well-being, their economic security, and the economic development of their communities and countries.
Though not confined to a particular region or regime, violations of women's rights are often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities or with strong tribal traditions.
Congress has recognized and denounced international violations of women's rights through the adoption of the following resolutions:
Senate Resolution 68 of the 106th Congress, expressing the sense of the Senate regarding the treatment of women and girls by the Taliban in Afghanistan.
Senate Concurrent Resolution 42 of the 107th Congress, condemning the Taliban for their discriminatory policies towards women.
Senate Concurrent Resolution 86 of the 107th Congress, expressing the sense of Congress that women from all ethnic groups in Afghanistan should participate in the economic and political reconstruction of Afghanistan.
House Resolution 393 of the 108th Congress, commending Afghan women for their participation in Afghan government and civil society, encouraging the inclusion of Afghan women in the political and economic life of Afghanistan, and advocating the protection of the human rights of all Afghans, particularly women, in the Afghanistan Constitution.
Senate Resolution 74 of the 109th Congress, designating March 8, 2005, as International Women’s Day.
Policy— It shall be the policy of the United States to do the following:
To condemn violations of women’s rights, and to promote, and to assist other governments in promoting, the fundamental human rights of women.
To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the rights of women, as set forth in the Foreign Assistance Act of 1961, in the International Financial Institutions Act, and in other formulations of United States human rights policy.
To be vigorous and flexible, reflecting both the unwavering commitment of the United States to women’s rights and the desire of the United States for the most effective and principled response, in light of the range of violations of women’s rights by a variety of persecuting regimes, and the status of the relations of the United States with different nations.
To work with foreign governments that affirm and protect women's rights, in order to develop multilateral documents and initiatives to combat violations of women's rights and promote the right of women to enjoy their human rights abroad.
Standing for liberty and standing with the disadvantaged, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for women's rights by all governments and peoples.
Sec. 3 Definitions
In this Act:
Ambassador at large— The term Ambassador at Large means the Ambassador at Large for International Women's Rights appointed under section 101(b).
Annual report— The term Annual Report means the Annual Report on International Women's Rights described in section 102(b).
Appropriate congressional committees— The term appropriate congressional committees—
means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
includes, in the case of any determination made with respect to the taking of Presidential action under paragraphs (9) through (15) of section 405(a), the committees described in subparagraph (A) and, where appropriate, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Commensurate action— The term commensurate action means action taken by the President under section 405(b).
Commission— The term Commission means the United States Commission on International Women's Rights established in section 201(a).
Country reports on human rights practices— The term Country Reports on Human Rights Practices means the annual report required to be submitted by the Secretary of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961.
Executive summary— The term Executive Summary means the Executive Summary to the Annual Report, as described in section 102(b)(1)(F).
Government or foreign government— The term government or foreign government includes any agency or instrumentality of the government.
Human rights reports— The term Human Rights Reports means all reports submitted by the Secretary of State to Congress under sections 116 and 502B of the Foreign Assistance Act of 1961.
Office— The term Office means the Office on International Women's Rights established in section 101(a).
Particularly severe violations of women's rights— The term particularly severe violations of women's rights means systematic, ongoing, egregious violations of women's rights, including violations such as—
denying women freedoms that are guaranteed for men;
torture or cruel, inhuman, or degrading treatment or punishment;
government-sponsored or tolerated violence such as gender-based murder, rape, traditional practices such as honor killings and female genital mutilation, abduction, trafficking, forced sterilization or forced abortion, and custodial violence;
limiting or denying access to health care and health education; or
other flagrant denials to women or girls of the right to life, liberty, or the security of persons.
Special adviser— The term Special Adviser means the Special Adviser to the President on International Women's Rights described in section 101(m) of the National Security Act of 1947, as added by section 301 of this Act.
Violations of women's rights— The term violations of women's rights means violations of the internationally recognized human rights of women, as set forth in the international instruments referred to in section 2(a)(2) and as described in section 2(a)(3), including violations such as—
arbitrary prohibitions on, restrictions on, or punishment for—
women engaging in activities in which men are permitted to engage;
travel, employment, or education for girls or women;
clothing for girls or women;
political participation and voting for women; and
possession and distribution of literature pertaining to women’s human rights;
discriminatory laws or customary practices that deprive women of equal rights, such as those pertaining to marriage and family relations, nationality and citizenship, legal capacity, and access to economic resources; or
any of the following acts if committed because an individual is a girl or woman: detention, forced labor or prostitution, imprisonment, forced mass resettlement, beating, torture, mutilation, sexual assault and rape, enslavement, murder, and execution.