Section 1 Short title
This Act may be cited as the “Reproductive Rights are Human Rights Act of 2018”.
Reproductive Rights are Human Rights Act of 2018
A BILL
To amend the Foreign Assistance Act of 1961 to include in the Annual Country Reports on Human Rights Practices a section on reproductive rights, and for other purposes.
Sec. 2 Findings
Congress finds the following:
The United States has repeatedly agreed to international agreements that identify reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development and the 1995 Beijing World Conference on Women.
The Department of State’s deletion of the reproductive rights subsection from its 2017 Country Reports on Human Rights Practices demonstrates an alarming level of politicization of human rights by the Trump Administration and undermines the human rights of women around the world.
Restrictions on reproductive rights compromise entire health systems and communities, as when women’s rights are limited, so are their pathways to economic, social, and political empowerment.
Sexual health and reproductive rights are essential for sustainable economic development, are intrinsically linked to gender equality and women’s well-being, and are critical to maternal, newborn, child, adolescent, family, and community health.
Sec. 3 Annual Country Reports on Human Rights Practices
In general— The Foreign Assistance Act of 1961 is amended—
in section 116(d) (22 U.S.C. 2151n(d))—
in paragraph (11)(C), by striking “and” at the end;
in paragraph (12)(C)(ii), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(13) the status of reproductive rights in each country (as defined in the 1994 International Conference on Population and Development Programme of Action, reiterated in the 1995 Beijing Declaration and Platform for Action, and expanded upon in General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life and other authoritative interpretations of binding international human rights obligations), including—
“(A) whether such country has adopted policies to—
“(i) promote access to and prevalence of safe, effective, and affordable methods of contraception;
“(ii) promote access to appropriate health care services to ensure safe and healthy pregnancy and childbirth, including safe and effective prenatal, childbirth, and postnatal care for both mother and child;
“(iii) expand or restrict access to safe abortion services, in accordance with such country’s laws, including post-abortion care;
“(iv) prevent maternal deaths; and
“(v) promote the prevention, detection, and treatment of sexually transmitted infections, including HIV, and of reproductive tract infections and of reproductive cancers;
“(B) information relating to the adequacy of resources, enforcement, and oversight in such country dedicated to the policies specified in subparagraph (A);
“(C) wherever applicable, a description of the rates and causes of maternal deaths in such country, including deaths due to unsafe abortions;
“(D) wherever applicable, a description of the nature and extent of instances of discrimination, coercion, and violence against women and girls in health care settings in such country, and the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence; and
“(E) wherever applicable, a description of the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country, and the actions, if any, taken by the government of such country to respond to such denials.”
in section 502B (22 U.S.C. 2304)—
by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and
by adding at the end the following new subsection:
“(k) The report required under subsection (b) shall include the status of reproductive rights in each country (as defined in the 1994 International Conference on Population and Development Programme of Action, reiterated in the 1995 Beijing Declaration and Platform for Action, and expanded upon in General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life and other authoritative interpretations of binding international human rights obligations), including—
“(1) whether such country has adopted policies to—
“(A) promote access to and prevalence of safe, effective, and affordable methods of contraception;
“(B) promote access to appropriate health care services to ensure safe and healthy pregnancy and childbirth, including safe and effective prenatal, childbirth, and postnatal care for both mother and child;
“(C) expand or restrict access to safe abortion services, in accordance with such country’s laws, including post-abortion care;
“(D) prevent maternal deaths; and
“(E) promote the prevention, detection, and treatment of sexually transmitted infections, including HIV, and of reproductive tract infections and of reproductive cancers;
“(2) information relating to the adequacy of resources, enforcement, and oversight of such country dedicated to the policies specified in paragraph (1);
“(3) wherever applicable, a description of the rates and causes of maternal deaths in such country, including deaths due to unsafe abortions;
“(4) wherever applicable, a description of the nature and extent of instances of discrimination, coercion, and violence against women and girls in health care settings in such country, and the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence; and
“(5) wherever applicable, a description of the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such country, and the actions, if any, taken by the government of such country to respond to such denials.”
Consultation required— In preparing the Annual Country Reports on Human Rights Practices required under sections 116(d) and 502B of the Foreign Assistance Act of 1961 (as amended by subsection (a)), the Secretary of State, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and other relevant officials, including human rights officers at United States diplomatic and consular posts shall consult with—
representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in sexual and reproductive health and rights or promoting women and girls’ human rights, including local civil society organizations whenever possible; and
local organizations in all countries included in such Reports, including women and girls’ organizations focused on sexual and reproductive health and rights.