IACHR: United States must intensify efforts to guarantee women's right to reproductive health

June 25, 2024

Washington D.C. – On the second anniversary of the judgement in Dobbs v. JWHO, which revoked the right to access health services for abortion, the Inter-American Commission on Human Rights (IACHR) expresses concern over the proliferation of legal frameworks, practices, and other obstacles that hinder access to reproductive health services in the United States. The IACHR urges the government to protect the right to life, health, and personal integrity of women and pregnant people.

Two years after the Supreme Court ruling, approximately 33 states have laws that prohibit or restrict access to services for abortion to varying degrees. The inconsistency, ambiguity and lack of clarity in some of these laws have caused uncertainty among healthcare professionals about what is legal, which may compromise the provision of quality and responsive health care out of fear of sanctions. This includes cases where denial or delay of medical care, even in emergencies, resulted in preventable damage to the physical and emotional health of women.

Additionally, the Commission has received reports that the increased harassment, violence and threats of violence against healthcare professionals and facilities providing these services have caused some health care workers to abandon or avoid practicing in states where abortion is restricted or banned. This has resulted in the closure of not only abortion clinics but also maternity wards in hospitals. These consequences disproportionately impact black and native women and pregnant people, who already face on average higher maternal mortality rates in the country.

Consequently, depending on state law, women seeking reproductive health services have had to travel to states where they can access them, leading to overcrowding and delays in those states as well. Due to the costs associated with such travel, low income or impoverished women and adolescents, traveling between states where abortion is permitted is often not possible, exacerbating existing health and social disparities.

Furthermore, the lack of legal certainty also affects access to other necessary health services for women. For instance, there have been reports of delays in prescribing cancer treatments due to the risk of terminating a pregnancy. There is also concern that the broad language used in some laws may limit access to contraceptives. Additionally, there are reports that prescription drug records are being shared with authorities without a warrant for prosecution purposes.

The protection of reproductive health is essential for the autonomous development of women. The State is obligated to provide health services, facilities, and goods that take into account women's specific needs and incorporate a gender perspective that ensures real, quality and adequate access. Additionally, comprehensive and appropriate care according to the best scientific and medical practices should be provided to prevent and treat medical complications related to pregnancy. In this context, access to safe abortion—considered an essential health service by the World Health Organization (WHO)—as well as other health services needed by pregnant individuals, is a matter of gender equality.

The IACHR values the government's efforts to safeguard federally protected reproductive rights and to mitigate the impact of restrictive state abortion laws. Simultaneously, in line with recommendations from various United Nations treaty bodies, the IACHR urges the implementation of the WHO's 2022 abortion care guidelines. This requires eliminating sanctions for those who provide, assist with, or seek this health service, and strengthening protections for medical professionals' confidentiality and patient privacy.

The United States must intensify efforts to ensure women's access to all reproductive health services, including accurate and scientifically-based information on contraceptive methods, emergency contraception, and abortion pills, as well as their safe use throughout the national territory.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 147/24

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