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Volume 13.1  Fall 2006
    

OF GAG RULES AND LOYALTY OATHS: EXPORTING IDEOLOGY AT THE EXPENSE OF PUBLIC HEALTH AND AMERICAN VALUE

Heather Boonstra and Susan A. Cohen
 

Boonstra and Cohen’s article evaluates the effects of two ideological measures limiting foreign assistance adopted by the George W. Bush administration.  The first is the 2001 reinstitution of the “global gag rule,” which disqualifies overseas groups from receiving family planning assistance from (USAID) if they use their own funds to advocate for the liberalization of their own countries’ abortion laws or provide abortion services. The second is the 2003 disqualification of NGO’s from receiving any funding under anti-trafficking and HIV/AIDs programs unless they explicitly adopt the Bush Administration’s position against prostitution.  Boonstra and Cohen postulate that these policies impede the asserted goals of these programs of encouraging family planning and preventing the spread of HIV/AIDS in developing countries.  © Heather Boonstra and Susan A. Cohen

      
    

USING LITIGATION TO ADDRESS GENDER VIOLATIONS IN THE HIV/AIDS CONTEXT

Luisa Cabal & Pardiss Kebriaei
 

Cabal and Kebriaei’s article explores the role of litigation in advocating against human rights violations, particularly gender violations in the HIV/AIDS context.  The article focuses on the rights of HIV-positive women and girls.  While litigation has not yet focused on gender issues, Cabal and Kebiaei propose that litigation holds the potential to address these gender violations.   © Luisa Cabal & Pardiss Kebriaei

    

 

    

ASSISTANCE TO INTERNATIONAL FAMILY PLANNING PROGRAMS

Ndola Prata, MD, MSc
 

Prata explores the benefits of family planning programs in developing countries.  Unfortunately donor support is not meeting the needs of such programs.  According to Prata these shortfalls are caused by controversies surrounding the programs, changes in donor priorities, and narrow views of women’s reproductive rights by the Bush administration.  Prata concludes that donor community should immediately reassume the role of assisting the world’s poor with family planning services.  © Ndola Prata, MD, MSc

    

 

    

EXPORTING CULTURE WARS

James Gathii
 

In developing countries, because of the significant role NGOs play in providing reproductive and HIV/AIDS related care, the global gag rule has its worst effect. The article argues that the enactment and expansion of the global gag rule has continuous effect on American culture wars. The intersection of the global gag rule undermines access to efficient reproductive health care services and gender equality. Gathii points out that the gag rule is a reflection of the unlimited authority of the President’s foreign affairs power, and he calls for a holistic and balanced approach to reproductive health care. © James Gathii

 
 

 

 

ON DISPOSABLE PEOPLE AND HUMAN WELL-BEING: HEALTHY, MONEY AND POWER

Berta Esperanza Hernández-Truyol
 

Historical papers viewed health as a fundamental right of human being, which provide the blueprint for claiming a right to health as central to human rights. The author specifically focuses on the effect of global gag rule on the disposable people and on HIV/AIDS services and treatments. This article suggests a worldwide model of health delivery pursuant to human right vision protection, which should include a broader range of health care services than South Africa. The delivery of health care services should aim to promote human flourishing and focus on the people, instead of money or politics.
© Berta Esperanza Hernández-Truyol

 

 

  Please cite this issue as: 11 U.C. Davis J. Int'l L. & Pol'y ____ (2006)  
 











 
 

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