Human Rights Campaign Issues Public Comment on FAR Proposed Rule
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On behalf of the
The Proposed Rule is a Significant Expansion of a Dangerous Policy
The global "gag rule," also known as the Mexico City Policy or Protecting Life in Global Health Assistance, requires that foreign non-governmental organizations (NGOs) that receive funding from
The Mexico City Policy itself is already an expansion of pre-existing prohibitions on the use of
The Proposed Rule Imposes Significant Burdens on Public Health Assistance, Including HIV/AIDS Care
The Mexico City Policy and any expansions of its coverage impose significant burdens on the delivery of public health assistance around the world, in reproductive services and other areas of healthcare. To cite just one example, in
Consequently, the delivery of critical antiretroviral therapy (ART) for the treatment of HIV and AIDS was disrupted in some places for up to two years./6
Consequences of the gag rule also include an inappropriate intrusion into the advocacy efforts of health organizations to legalize or expand access to abortion in their home nations. Not only does the gag rule prevent the funding of actual abortion services, it prohibits organizations from advocating for abortion as well - again, using any of their funding, not just that received from
The adverse effects of the gag rule are especially harmful for LGBTQ+ populations. As discussed above, the rule can have broad impacts on the delivery of sexual and reproductive health-related care, including treatment for HIV and AIDS. Globally, LGBTQ+ people are a "key population" in need of access to treatment and preventative services for HIV./7
With regard to abortion and reproductive health, LGBTQ persons, who may have a particular need for such care,/8 face additional obstacles to accessing it through heteronormative and cisnormative policies of NGOs./9
And these concerns are not unique to reproductive-related care. Overall, around the world, members of the LGBTQ+ population face systemic barriers to health care of all kinds, from discriminatory practitioners to formal laws limiting their civil and human rights./10
Conclusion
In sum, the administration's proposed expansion of the Mexico City Policy will have harmful effects on all populations receiving services from NGOs that rely on
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Footnotes:
1/ The Mexico City Policy: An Explainer,
2/ This policy was introduced via an amendment to the Foreign Assistance Act, popularly known as the Helms Amendment. See An act of
3/ Mexico City Policy Explainer.
4/
5/ Review of the Implementation of the Protecting Life in Global Health Assistance Policy,
6/ Id.
7/
8/ See, e.g.,
9/
10/
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The proposed rule can be viewed at: https://www.regulations.gov/document?D=FAR-2018-0051-0001
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