Reproductive Rights are Human Rights Act of 2021

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reproductive Rights 4 are Human Rights Act of 2021’’. 5 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1864 IS SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The United States has joined the inter- 3 national community in identifying reproductive 4 rights as human rights, including in connection with 5 the 1994 International Conference on Population 6 and Development, the 1995 Beijing World Con- 7 ference on Women, and through its ratification of 8 the International Covenant on Civil and Political 9 Rights, done at New York December 19, 1966 (re- 10 ferred to in this Act as ‘‘ICCPR’’), the International 11 Convention on the Elimination of All Forms of Ra- 12 cial Discrimination, done at New York December 21, 13 1965, and the Convention against Torture and 14 Other Cruel, Inhuman or Degrading Treatment or 15 Punishment, done at New York December 10, 1984. 16 (2) General comment No. 36 (2018) on article 17 6 of the ICCPR, which was adopted by the Human 18 Rights Committee on October 30, 2018, asserts that 19 States parties— 20 (A) should ensure access for all persons to 21 ‘‘quality and evidence-based information and 22 education about sexual and reproductive health 23 and to a wide range of affordable contraceptive 24 methods’’; 25 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1864 IS (B) ‘‘must provide safe, legal, and effective 1 access to abortion where the life and health of 2 the pregnant woman or girl is at risk, or where 3 carrying a pregnancy to term would cause the 4 pregnant woman or girl substantial pain or suf- 5 fering, most notably where pregnancy is the re- 6 sult of rape or incest or is not viable’’; 7 (C) ‘‘ensure the availability of, and effec- 8 tive access to, quality prenatal and post-abor- 9 tion health care for women and girls’’; and 10 (D) must not impose restrictions on the 11 ability of women or girls to seek abortion in a 12 manner that jeopardizes their lives, subjects 13 them to physical or mental pain or suffering, 14 discriminates against them, arbitrarily inter- 15 feres with their privacy, or places them at risk 16 of undertaking unsafe abortions. 17 (3) Reproductive coercion, which is any behav- 18 ior that interferes with autonomous decision making 19 about reproductive health outcomes, is a violation of 20 human rights. 21 (4) Lesbian, gay, bisexual, transgender, queer, 22 and intersex persons (LGBTQI+) face stigma and 23 discrimination in accessing reproductive health serv- 24 ices, and barriers, including anti-LGBTQI+ laws, 25 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1864 IS policies, and gender norms in countries. The denial 1 of access to sexual and reproductive health care and 2 associated human rights violations due to these bar- 3 riers should be reported in relevant Department of 4 State Annual Country Reports on Human Rights 5 Practices. 6 (5) Human rights are grounded in international 7 standards. The Department of State’s deletion of 8 the reproductive rights subsection from its 2017, 9 2018, and 2019 Country Reports on Human Rights 10 Practices inappropriately politicized human rights of 11 people around the world. 12 (6) Limiting reproductive rights also limits 13 pathways to economic, social, and political empower- 14 ment. Sexual and reproductive health and rights are 15 essential for sustainable economic development, are 16 intrinsically linked to gender equality and women’s 17 well-being, and are critical to community health. 18 (7) The global COVID–19 pandemic has placed 19 at risk the fulfillment of reproductive rights. The 20 United Nations Office of the High Commissioner for 21 Human Rights has raised concerns that overloaded 22 health systems, shortages of medical supplies, and 23 disruptions of global supply chains have undermined 24 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1864 IS the sexual and reproductive health and rights of in- 1 dividuals. 2 SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 3 PRACTICES. 4 (a) IN GENERAL.—The Foreign Assistance Act of 5 1961 (22 U.S.C. 2151 et seq.) is amended— 6 (1) in section 116(d) (22 U.S.C. 2151n(d)), by 7 amending paragraph (2) to read as follows: 8 ‘‘(2) the status of reproductive rights in each 9 country, including— 10 ‘‘(A) whether such country has adopted 11 and enforced policies— 12 ‘‘(i) to promote access to safe, effec- 13 tive, and affordable methods of contracep- 14 tion and comprehensive, accurate, non- 15 discriminatory family planning and sexual 16 health information; 17 ‘‘(ii) to promote access to a full range 18 of quality health care services to ensure 19 safe and healthy pregnancy and childbirth 20 free from violence and discrimination; 21 ‘‘(iii) to promote the equitable preven- 22 tion, detection, and treatment of sexually 23 transmitted infections, including HIV and 24 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1864 IS HPV, and of reproductive tract infections 1 and reproductive cancers; and 2 ‘‘(iv) to expand or restrict access to 3 safe abortion services or post-abortion 4 care, or to criminalize pregnancy-related 5 outcomes, including spontaneous mis- 6 carriages or pregnancies outside of mar- 7 riage; 8 ‘‘(B) a description of the rates and causes 9 of pregnancy-related injuries and deaths, in- 10 cluding deaths due to unsafe abortions; 11 ‘‘(C) a description of— 12 ‘‘(i) the nature and extent of in- 13 stances of discrimination, coercion, and vi- 14 olence against women, girls, and 15 LGBTQI+ individuals in all settings 16 where health care is provided, including in 17 detention; 18 ‘‘(ii) instances of obstetric violence, 19 involuntary or coerced abortion, involun- 20 tary or coerced pregnancy, coerced steri- 21 lization, use of incentives or disincentives 22 to lower or raise fertility, withholding of 23 information on reproductive health options, 24 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1864 IS and other forms of reproductive and sexual 1 coercion; and 2 ‘‘(iii) the actions, if any, taken by the 3 government of such country to respond to 4 such discrimination, coercion, and violence, 5 if applicable; 6 ‘‘(D) a description of— 7 ‘‘(i) the proportion of individuals of 8 reproductive age (15 through 49 years of 9 age) whose need for family planning is sat- 10 isfied with modern methods; 11 ‘‘(ii) the barriers such individuals face 12 in accessing such services; 13 ‘‘(iii) the nature and extent of in- 14 stances of denial of comprehensive and ac- 15 curate family planning information and 16 services in such country; and 17 ‘‘(iv) the actions, if any, taken by the 18 government of such country to address 19 such denials; and 20 ‘‘(E) a description of— 21 ‘‘(i) disparities in access to family 22 planning and reproductive health services 23 and pregnancy-related health outcomes, in- 24 cluding pregnancy-related injuries and 25 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1864 IS deaths, based on race, ethnicity, indigenous 1 status, language, religious affiliation, or 2 other marginalized identity; and 3 ‘‘(ii) any measures taken by the gov- 4 ernment of such country to hold health 5 systems accountable for addressing such 6 disparities;’’; and 7 (2) in section 502B (22 U.S.C. 2304)— 8 (A) by redesignating the second subsection 9 (i) (relating to child marriage status) as sub- 10 section (j); and 11 (B) by adding at the end the following: 12 ‘‘(k) INCLUSION OF STATUS OF REPRODUCTIVE 13 RIGHTS IN ANNUAL COUNTRY REPORTS ON HUMAN 14 RIGHTS PRACTICES.—The report required under sub- 15 section (b) shall include a description of the status of re- 16 productive rights in each country, including— 17 ‘‘(1) whether such country has adopted and en- 18 forced policies— 19 ‘‘(A) to promote access to safe, effective, 20 and affordable methods of contraception and 21 comprehensive, accurate, non-discriminatory 22 family planning and sexual health information; 23 ‘‘(B) to promote access to a full range of 24 quality health care services to ensure safe and 25 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1864 IS healthy pregnancy and childbirth, free from vio- 1 lence and discrimination; 2 ‘‘(C) to promote the equitable prevention, 3 detection, and treatment of sexually transmitted 4 infections, including HIV and HPV, and of re- 5 productive tract infections and reproductive 6 cancers; and 7 ‘‘(D) to expand or restrict access to safe 8 abortion services or post-abortion care, or crim- 9 inalize pregnancy-related outcomes, including 10 spontaneous miscarriages and pregnancies out- 11 side of marriage; 12 ‘‘(2) a description of the rates and causes of 13 pregnancy-related injuries and deaths, including 14 deaths due to unsafe abortions; 15 ‘‘(3) a description of— 16 ‘‘(A) the nature and extent of instances of 17 discrimination, coercion, and violence against 18 women, girls and LGBTQI+ individuals in all 19 settings where health care is provided, including 20 in detention; 21 ‘‘(B) instances of coerced abortion, coerced 22 pregnancy, coerced sterilization, use of incen- 23 tives or disincentives to lower or raise fertility, 24 withholding of information on reproductive 25 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1864 IS health options, and other forms of reproductive 1 and sexual coercion; and 2 ‘‘(C) the actions, if any, taken by the gov- 3 ernment of such country to respond to such dis- 4 crimination, coercion, and violence, if applica- 5 ble; 6 ‘‘(4) a description of— 7 ‘‘(A) the proportion of individuals of repro- 8 ductive age (15 through 49 years of age) whose 9 need for family planning is satisfied with mod- 10 ern methods; 11 ‘‘(B) the barriers such individuals face in 12 accessing such services; 13 ‘‘(C) the nature and extent of instances of 14 denial of comprehensive and accurate family 15 planning information and services in such coun- 16 try; and 17 ‘‘(D) the actions, if any, taken by the gov- 18 ernment of such country to respond to such de- 19 nials; and 20 ‘‘(5) a description of— 21 ‘‘(A) disparities in access to family plan- 22 ning and reproductive health services and preg- 23 nancy-related health outcomes, including preg- 24 nancy-related injuries and deaths, based on 25 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1864 IS race, ethnicity, indigenous status, language, re- 1 ligious affiliation, or other marginalized iden- 2 tity; and 3 ‘‘(B) any measures taken by the govern- 4 ment of such country to hold health systems ac- 5 countable for addressing such disparities.’’. 6 (b) CONSULTATION REQUIRED.—In preparing the 7 Annual Country Reports on Human Rights Practices re- 8 quired under sections 116(d) and 502B of the Foreign As- 9 sistance Act of 1961, as amended by subsection (a)), the 10 Secretary of State, the Assistant Secretary of State for 11 Democracy, Human Rights, and Labor, and other relevant 12 officials, including human rights officers at United States 13 diplomatic and consular posts, shall consult with— 14 (1) representatives of United States civil society 15 and multilateral organizations with demonstrated ex- 16 perience and expertise in sexual and reproductive 17 health and rights or promoting the human rights of 18 women, girls, and LGBTQI+ persons; 19 (2) relevant local nongovernmental organiza- 20 tions in all countries included in such reports, in- 21 cluding organizations serving women, girls, and 22 LGBTQI+ persons that are focused on sexual and 23 reproductive health and rights; and 24 VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1864 IS (3) relevant agencies and offices of the United 1 States Government that track or are otherwise in- 2 volved in the monitoring of reproductive and sexual 3 health around the world. 4 Æ VerDate Sep 11 2014 00:50 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S1864.IS S1864 kjohnson on DSK79L0C42PROD with BILLS