Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696596938750.pdf (United States)
II 117TH CONGRESS 1ST SESSION S. 1864 To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes.
IN THE SENATE OF THE UNITED STATES MAY 26, 2021 Mr. MENENDEZ (for himself, Mrs. SHAHEEN, Mr. BLUMENTHAL, Mr. BOOK- ER, Mr. VAN HOLLEN, Ms. KLOBUCHAR, Mr. SCHATZ, Mr. KAINE, Ms. HIRONO, Mr. COONS, Mrs. GILLIBRAND, Mr. MARKEY, Mr. LEAHY, Mr. CARDIN, Mr. DURBIN, Mr. BROWN, Mr. WYDEN, Ms. ROSEN, Ms. DUCKWORTH, Mrs. MURRAY, Mr. BENNET, and Mr. MERKLEY) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other pur- poses.
Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE.

This Act may be cited as the ‘‘Reproductive Rights are Human Rights Act of 2021’’.

 SEC.

2.

FINDINGS.
Congress finds the following: (1) The United States has joined the inter- national community in identifying reproductive rights as human rights, including in connection with the 1994 International Conference on Population and Development, the 1995 Beijing World Con- ference on Women, and through its ratification of the International Covenant on Civil and Political Rights, done at New York December 19, 1966 (re- ferred to in this Act as ‘‘ICCPR’’), the International Convention on the Elimination of All Forms of Ra- cial Discrimination, done at New York December 21, 1965, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984.
(2) General comment No.
36 (2018) on article 6 of the ICCPR, which was adopted by the Human Rights Committee on October 30, 2018, asserts that States parties— (A) should ensure access for all persons to ‘‘quality and evidence-based information and education about sexual and reproductive health and to a wide range of affordable contraceptive methods’’; •S 1864 IS (B) ‘‘must provide safe, legal, and effective access to abortion where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suf- fering, most notably where pregnancy is the re- sult of rape or incest or is not viable’’; (C) ‘‘ensure the availability of, and effec- tive access to, quality prenatal and post-abor- tion health care for women and girls’’; and (D) must not impose restrictions on the ability of women or girls to seek abortion in a manner that jeopardizes their lives, subjects them to physical or mental pain or suffering, discriminates against them, arbitrarily inter- feres with their privacy, or places them at risk of undertaking unsafe abortions.
(3) Reproductive coercion, which is any behav- ior that interferes with autonomous decision making about reproductive health outcomes, is a violation of human rights.
(4) Lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTQI+) face stigma and discrimination in accessing reproductive health serv- ices, and barriers, including anti-LGBTQI+ laws, •S 1864 IS policies, and gender norms in countries.
The denial of access to sexual and reproductive health care and associated human rights violations due to these bar- riers should be reported in relevant Department of State Annual Country Reports on Human Rights Practices.

(5) Human rights are grounded in international standards.

The Department of State’s deletion of the reproductive rights subsection from its 2017, 2018, and 2019 Country Reports on Human Rights Practices inappropriately politicized human rights of people around the world.
(6) Limiting reproductive rights also limits pathways to economic, social, and political empower- ment.

Sexual and reproductive health and rights are essential for sustainable economic development, are intrinsically linked to gender equality and women’s well-being, and are critical to community health.

(7) The global COVID–19 pandemic has placed at risk the fulfillment of reproductive rights.
The United Nations Office of the High Commissioner for Human Rights has raised concerns that overloaded health systems, shortages of medical supplies, and disruptions of global supply chains have undermined •S 1864 IS the sexual and reproductive health and rights of in- dividuals.
SEC.

3.

ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

(a) IN GENERAL.—The Foreign Assistance Act of 1961 (22 U.S.C.

2151 et seq.)

is amended— (1) in section 116(d) (22 U.S.C.
2151n(d)), by amending paragraph (2) to read as follows: ‘‘(2) the status of reproductive rights in each country, including— ‘‘(A) whether such country has adopted and enforced policies— ‘‘(i) to promote access to safe, effec- tive, and affordable methods of contracep- tion and comprehensive, accurate, non- discriminatory family planning and sexual health information; ‘‘(ii) to promote access to a full range of quality health care services to ensure safe and healthy pregnancy and childbirth free from violence and discrimination; ‘‘(iii) to promote the equitable preven- tion, detection, and treatment of sexually transmitted infections, including HIV and •S 1864 IS HPV, and of reproductive tract infections and reproductive cancers; and ‘‘(iv) to expand or restrict access to safe abortion services or post-abortion care, or to criminalize pregnancy-related outcomes, including spontaneous mis- carriages or pregnancies outside of mar- riage; ‘‘(B) a description of the rates and causes of pregnancy-related injuries and deaths, in- cluding deaths due to unsafe abortions; ‘‘(C) a description of— ‘‘(i) the nature and extent of in- stances of discrimination, coercion, and vi- olence against women, girls, and LGBTQI+ individuals in all settings where health care is provided, including in detention; ‘‘(ii) instances of obstetric violence, involuntary or coerced abortion, involun- tary or coerced pregnancy, coerced steri- lization, use of incentives or disincentives to lower or raise fertility, withholding of information on reproductive health options, •S 1864 IS S L L I B h t i w D O R P 2 4 C 0 L 9 7 K S D n o n o
10 and other forms of reproductive and sexual coercion; and ‘‘(iii) the actions, if any, taken by the government of such country to respond to such discrimination, coercion, and violence, if applicable; ‘‘(D) a description of— ‘‘(i) the proportion of individuals of reproductive age (15 through 49 years of age) whose need for family planning is sat- isfied with modern methods; ‘‘(ii) the barriers such individuals face in accessing such services; ‘‘(iii) the nature and extent of in- stances of denial of comprehensive and ac- curate family planning information and services in such country; and ‘‘(iv) the actions, if any, taken by the government of such country to address such denials; and ‘‘(E) a description of— ‘‘(i) disparities in access to family planning and reproductive health services and pregnancy-related health outcomes, in- cluding pregnancy-related injuries and •S 1864 IS deaths, based on race, ethnicity, indigenous status, language, religious affiliation, or other marginalized identity; and ‘‘(ii) any measures taken by the gov- ernment of such country to hold health systems accountable for addressing such disparities;’’; and (2) in section 502B (22 U.S.C.
2304)— (A) by redesignating the second subsection (i) (relating to child marriage status) as sub- section (j); and (B) by adding at the end the following: ‘‘(k) INCLUSION OF STATUS OF REPRODUCTIVE RIGHTS IN ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.—The report required under sub- section (b) shall include a description of the status of re- productive rights in each country, including— ‘‘(1) whether such country has adopted and en- forced policies— ‘‘(A) to promote access to safe, effective, and affordable methods of contraception and comprehensive, accurate, non-discriminatory family planning and sexual health information; ‘‘(B) to promote access to a full range of quality health care services to ensure safe and •S 1864 IS healthy pregnancy and childbirth, free from vio- lence and discrimination; ‘‘(C) to promote the equitable prevention, detection, and treatment of sexually transmitted infections, including HIV and HPV, and of re- productive tract infections and reproductive cancers; and ‘‘(D) to expand or restrict access to safe abortion services or post-abortion care, or crim- inalize pregnancy-related outcomes, including spontaneous miscarriages and pregnancies out- side of marriage; ‘‘(2) a description of the rates and causes of pregnancy-related injuries and deaths, including deaths due to unsafe abortions; ‘‘(3) a description of— ‘‘(A) the nature and extent of instances of discrimination, coercion, and violence against women, girls and LGBTQI+ individuals in all settings where health care is provided, including in detention; ‘‘(B) instances of coerced abortion, coerced pregnancy, coerced sterilization, use of incen- tives or disincentives to lower or raise fertility, withholding of information on reproductive 19
•S 1864 IS health options, and other forms of reproductive and sexual coercion; and ‘‘(C) the actions, if any, taken by the gov- ernment of such country to respond to such dis- crimination, coercion, and violence, if applica- ble; ‘‘(4) a description of— ‘‘(A) the proportion of individuals of repro- ductive age (15 through 49 years of age) whose need for family planning is satisfied with mod- ern methods; ‘‘(B) the barriers such individuals face in accessing such services; ‘‘(C) the nature and extent of instances of denial of comprehensive and accurate family planning information and services in such coun- try; and ‘‘(D) the actions, if any, taken by the gov- ernment of such country to respond to such de- nials; and ‘‘(5) a description of— ‘‘(A) disparities in access to family plan- ning and reproductive health services and preg- nancy-related health outcomes, including preg- nancy-related injuries and deaths, based on •S 1864 IS 11 race, ethnicity, indigenous status, language, re- ligious affiliation, or other marginalized iden- tity; and ‘‘(B) any measures taken by the govern- ment of such country to hold health systems ac- countable for addressing such disparities.’’.
(b) CONSULTATION REQUIRED.—In preparing the Annual Country Reports on Human Rights Practices re- quired under sections 116(d) and 502B of the Foreign As- sistance 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— (1) representatives of United States civil society and multilateral organizations with demonstrated ex- perience and expertise in sexual and reproductive health and rights or promoting the human rights of women, girls, and LGBTQI+ persons; (2) relevant local nongovernmental organiza- tions in all countries included in such reports, in- cluding organizations serving women, girls, and LGBTQI+ persons that are focused on sexual and reproductive health and rights; and •S 1864 IS 12 (3) relevant agencies and offices of the United States Government that track or are otherwise in- volved in the monitoring of reproductive and sexual health around the world.
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