Americas
How U.S. Has Virtually Destroyed U.N.
Under President Donald Trump, the U.S. has basically eliminated the only real international authority the U.N. used to have. Here is how this was done:
The equivalent, in international law, to a domestic-law crime involving murder, rape, and theft, is an international invasion that’s purely for aggressive purposes and not at all authentically a defensive act against an authentic foreign threat that was coming from the invaded foreign country. Consequently, for the U.S. Government now to have removed the U.N. from any authority over international invasions, is, in domestic-law equivalency, like removing a national government from authority regarding murders, rapes, and thefts, which occur inside that nation. Such a ‘government’ is no government at all. But, tragically, this is what has happened; and, so, we are now careening into World War III, in this international “Wild West” world, which we live in (and may soon die in, as things thus head into WW III).
The U.S. Government no longer even nominally cares whether or not the U.N. authorizes its invasions; but, as recently as 2003, it used to, even if only nominally, care. The U.S. has thus effectively discarded the U.N. altogether, whenever violating the U.N. is the only way to impose its will against a given target-country.
In late 2002 and early 2003, U.S. President George W. Bush nominally expressed a desire for the U.N. to authorize an invasion of Iraq, but failed to receive that authorization and then did the invasion anyway, along with only UK, Australia, and Poland, joining the U.S.-led gang, in this destruction of Iraq.
At a press conference on 6 March 2003, just 11 days before he (on March 17th) ordered the U.N. weapons-inspectors to leave Iraq, and then invaded Iraq on March 20th, Bush said:
Elizabeth.
Q Thank you, Mr. President. As you said, the Security Council faces a vote next week on a resolution implicitly authorizing an attack on Iraq. Will you call for a vote on that resolution, even if you aren’t sure you have the vote?
THE PRESIDENT: Well, first, I don’t think — it basically says that he’s in defiance of 1441. That’s what the resolution says. And it’s hard to believe anybody is saying he isn’t in defiance of 1441, because 1441 said he must disarm. And, yes, we’ll call for a vote.
Q No matter what?
THE PRESIDENT: No matter what the whip count is, we’re calling for the vote. We want to see people stand up and say what their opinion is about Saddam Hussein and the utility of the United Nations Security Council. And so, you bet. It’s time for people to show their cards, to let the world know where they stand when it comes to Saddam.
Mark Knoller.
Q Mr. President, are you worried that the United States might be viewed as defiant of the United Nations if you went ahead with military action without specific and explicit authorization from the U.N.?
THE PRESIDENT: No, I’m not worried about that. As a matter of fact, it’s hard to say the United States is defiant about the United Nations, when I was the person that took the issue to the United Nations, September the 12th, 2002. We’ve been working with the United Nations. We’ve been working through the United Nations.
Subsequent U.S. Presidents haven’t been even that respectful of the U.N.’s authority; and current U.S. President Donald Trump is blatantly dismissive of it, so that he’s not even requesting U.N. authorization for his invasions.
Thus, the lesson that the U.S. Government learned from the Iraq invasion isn’t that the U.S. Government should never again lie about what the evidence actually shows, in order to invade a country, but instead that the U.S. Government should simply ignore the U.N. whenever the evidence doesn’t persuade other Governments that an invasion would be authentically defensive instead of purely an act of international aggression.
What might turn out to have been “The Most Important U.N. Security Council Vote Ever” was the 10 April 2018 U.N. Security Council’s failure to require the U.S. and its allies to provide evidence to prove that Syria’s Government had gassed its own people in Douma on April 7th as the U.S. and its allies alleged, before the U.S. and its allies could, with even just possible legal justification, launch a promised massive bombing of Syria as supposed punishment for the gas-attack that they were alleging. The question of whether or not the U.N. would authorize the American invasion wasn’t even being raised; the question was only whether the alleged gas-attack needed to be independently verified before an invasion might possibly legally be launched — and no proposal was passed. Unlike in the 2003 invasion of Iraq, the U.S. never tried to win U.N. authorization to invade Syria in 2018, but simply invaded, casually ignoring all laws, and even denying the need for evidence to back up its allegations against Syria.
If the Russian Government’s proposal that the Organization for the Prevention of Chemical Weapons (OPCW) must investigate the case and issue a report on its findings, before any action, such as an invasion, is done by any country, had passed the Security Council, then that would be applying standard legal and juridical practice (that no punishment be imposed unless and until guilt has been proven), and likely no invasion of Syria (such as occurred on April 14th) would have been done, at least until the OPCW’s report is issued. But the U.S. and its allies refused to adhere even to this, the minimal legal requirement in any democracy. They instead demanded, and won, a U.S.-and-allied international dictatorship — a lawless, might-makes-right, international world.
A U.N. like this is, essentially, no U.N. at all, just a talking-forum — and that’s what now exists: it’s a forum merely for the constituent Governments to present their respective propagandas to the world, but no longer actually to negotiate anything, since the U.N. has no military, and now the U.S. Government has become effectively whatever the U.S. military (including its armaments corporations such as General Dynamics) want it to be — and, “To hell with the U.N.!” The way now to buy the U.S. Government has become to buy those corporations’ weapons, and then the U.S. Government will ally itself with that country. This is purely transactional, in the interests of America’s armaments-firms, not in the interests of the invading public, and certainly destructive of the interests of the invaded public, no matter how profitable it may be for the owners of those armaments-firms. (One can talk instead about “Wall Street,” but they’re mainly the sellers of stock in America’s armaments-firms and associated products and services; so, they are middle-men who represent the interests of the aristocracy, not really themselves necessarily principals — people who are within the aristocracy.)
Among the contrary accounts regarding that alleged Douma gas-attack was “What really happened — Chemical Attack that lead to missile Strikes on #Syria”, presenting it as having been set up by the ‘rebels’ that the U.S. Government supports. But truth is irrelevant for people with power, especially if it runs contrary to the lies that they are pushing.
President Trump came into office promising a rebirth of American manufacturing, but, so far, the vast majority of his boost to U.S. manufacturing has been only to the U.S. weapons-manufacturers — actually by far the largest international arms-sale in world history. On 21 May 2017, I headlined it “U.S. $350 Billion Arms-Sale to Sauds Cements U.S.-Jihadist Alliance” and reported that the day before, “
U.S. President Donald Trump and the Saud family inked an all-time record-high $350 billion ten-year arms-deal that not only will cement-in the Saud family’s position as the world’s largest foreign purchasers of U.S.-produced weaponry, but will make the Saud family, and America’s ruling families, become, in effect, one aristocracy over both nations, because neither side will be able to violate the will of the other. As the years roll on, their mutual dependency will deepen, each and every year.” That, sadly, has turned out to be true — and not only regarding America’s carrying the Sauds’ water (doing their bidding) in both Yemen and Syria, but in other ways as well.
On 21 March 2018, CNBC bannered “Trump wants Saudi Arabia to buy more American-made weapons. Here are the ones the Saudis want”
, and reported what Trump had just negotiated with Saudi Arabia’s Crown Prince Mohammed bin Salman al-Saud, which was a step-up in that $350 billion sale, to $400 billion. CNBC associated the Sauds’ arms-purchases with ‘investments’ in the U.S., so as to mislead their audience to think favorably of these sales, but if these sales were actually investments in anything, it was in the ability of the Saud family to join even more fully with America’s aristocracy so as for them jointly to impose their will upon any country where they both want “regime-change” — control by themselves, instead of by that invaded country’s local aristocracy. (Then, the U.S. Government issues economic sanctions against Russia for ‘interfering in our democracy’. But the Sauds, and their allies, Israel’s aristocracy, actually do precisely that, routinely, and very effectively!) So: CNBC said: “During the Oval Office talks, Trump touted a creation of 40,000 American jobs due to Saudi military sales.
The president used several maps and charts of Saudi acquisitions to further make his point. The crown prince, likewise, added that last year’s Saudi pledge of $200 billion in investments will rise to approximately $400 billion and that a 10-year window to implement the deal was already under way.” That was a misleading statement about the amounts, too. Here is how Indian Express had headlined and reported on 18 May 2017: “Saudi Arabia to invest $200 billion in US, purchase arms worth $300 billion
”: “As President Donald Trump prepares for his first overseas trip, Saudi Arabia has announced to make a whopping USD 200 billion investment in the US and intends to purchase arms worth USD 300 billion from America, a senior administration official has said.” There, too, the Saudi masters got their propagandists to refer to “investments” in relation to “purchase arms worth $300 billion,” which turned out, just two days later, on 20 May 2017, to be actually $350 billion — and which amount of arms-purchases now has risen instead to $400 billion, which will be paid, as listed in that CNBC news-report to: Lockheed Martin, Boeing, General Dynamics, Honeywell, and Raytheon. When Trump campaigned for the Presidency, he had promised to be anything but a sales-person for America’s war-machine. But, he is so, and this is fascism: socialism for the rich, and ‘survival of the fittest’ for everyone else. Trump certainly isn’t a sales-person for the poor, anywhere. He’s what his fellow-fascists call a ‘populist’, in order to insult the public that they must appeal to for votes.
American ‘productivity’ thus will increase in the production of death and destruction; but, as economists view things, that is “productivity” and added “Gross National Product,” regardless of how much it actually immiserates the world (and, so, economic theory is part of the fraud that enables all of this, essentially, corruption). Thus, economic theory is as fraudulent as is the international ‘news’ that the propaganda-agencies spread to the public. It’s all a “pile of bull,” but lots of consumers are buying it, because it’s all that they know and it satisfies them — they’re not even looking for more than the myths.
Previously, the “Biggest Arms Deal in History” was between UK’s aristocracy and the Sauds, the Al-Yamamah deal, which boosted UK’s biggest weapons-maker, BAE, and in which the massive corruption became the subject of scandals and a Governmental inquiry, which Saudi Prince Bandar bin Sultan al-Saud forced UK Prime Minister Tony Blair to close with no report being issued. And both the UK and U.S. claim to be ‘democracies’ — and both Governments accuse Russia of ‘interfering’ in their ‘democracy’!
If the reader wants to know why a web-search for the title of this article “How U.S. Has Virtually Destroyed U.N.” probably turns up no mainstream ‘news’media in the U.S.-allied world, and even very few “alternative news” sites, then the reason isn’t that they weren’t offered the article, because they all routinely receive the submission of each of my articles but routinely turn them down. The reason is instead that the most important truths are prohibited from publication in the U.S.-allied world — it’s a world dominated by lies. After all: we invaded and destroyed Iraq for no real defensive reason, and our Government has never apologized for that, much less been held accountable, at all, for it. And now, because of the U.S. Government, the U.N. isn’t even really a debating-forum, any more. It’s just a propaganda-forum, now.
first published at strategic-culture.org
Americas
Bin Laden’s legacy probably surpasses his wildest dreams
At the very outset of the 21st century, Osama bin Laden wittingly or unwittingly positioned himself with the 9/11 attacks as one of its most important figures.
The attacks initially served to undermine multi-cultural policies in relatively ethnically and religiously homogeneous European societies, which struggled to with migration from other continents, ethnicities, and religious backgrounds. The legacy of the attacks has brought identity politics back to the fore not only in the West but also in Africa and Asia.
In doing so, the attacks reshaped global politics and attitudes towards large numbers of people fleeing political and economic collapse as the ‘other’ instead of viewing them as victims of misconceived Western policies that backfired in countries governed and mismanaged by corrupt politicians and political and economic structures.
“Identity wars and conflicts based on differences in ethnicity, culture, language or religion are, once ignited, the most powerful forces in human affairs… Alongside the return of great power competition, the eruption of identity politics is the single most consequential political feature of our time. This fateful combination does not bode well,” said scholar and Wall Street Journal columnist Walter Russell Mead.
Mr. Mead pointed to a host of identity-driven conflicts that fractured Syria, Yemen, Iraq and Lebanon; spawned Iranian Arab, Kurdish, Azeri and Baloch separatist movements, encouraged Russian revisionist nationalism in Ukraine and the Caucasus; enabled cultural genocide in northwest China and boosted populist and far-right sentiment in Europe and the United States.
Two decades after 9/11, the United States, drained by forever wars, appears less willing to stand up firmly for its values while, rising powers like China have little interest in what happens to multi-ethnic, multi-religious nations
“With all the deserved criticism and analysis of the American foreign policy of the past decades, we will live to regret the decline of American ambition,” said Sabina Cudic, a Bosnian parliamentarian worried about the threat of the Bosnia Herzegovinian federation fracturing into separate Bosnak, Serb and Croatian states.
The fallout resulting from changed attitudes was evident in the West’s recent failure to anticipate mass movement towards Kabul airport in the wake of the US withdrawal from Afghanistan and the Taliban takeover of the country. The West’s initial hesitancy to respond to the plight of those cooperating with Western forces and institutions in the last two decades compounded these failures.
It is almost as if Mr. Bin Laden anticipated US President Joe Biden’s stumble when he ordered Al Qaeda in 2010 to target then President Barak Obama on a visit to Afghanistan, but not Mr. Biden, his vice-president.
“The reason for concentrating on them is that Obama is the head of infidelity and killing him automatically will make Biden take over the presidency for the remainder of the term, as it is the norm over there. Biden is totally unprepared for that post, which will lead the US into a crisis,” Mr. Bin Laden predicted.
The West’s US-led failures while exiting Afghanistan undermined two decades ago of multiculturalism and open borders and further empowered populist and right-wing anti-migration and pro-nationalist forces in Europe as well as the United States, Asia and Africa, particularly against Muslims, Jews, and people of colour; and nationalism laced with supremacism.
Western democracies pay the price with the brutalization of debate and dialogue, the abandonment of civility and etiquette, and expressions of racist, Islamophobic and anti-Semitic attitudes becoming less socially taboo and more mainstream.
“Of all the endless costs of terrorism, the most important is the least tallied: what fighting it has cost our democracy. How like America it is not to recognize that the true threat was counterterrorism, not terrorism,” argues journalist and author Spencer Ackerman. Ackerman suggests in his latest book, ‘Reign of Terror: How the 9/11 Era Destabilized America and Produced Trump,’ that the global war on terrorism with its associated use of torture, mass surveillance, militarism and authoritarianism created an environment that catered to Bin Laden’s vision of undermining Western ideals and sewing disarray.
“The anti-Muslim discourse that arose in the wake of 9/11 was a vector through which open racism and open bigotry was smuggled back into the mainstream of American politics,” said Matt Duss, two-time presidential candidate Senator Bernie Sanders’s foreign policy adviser. “I think it normalized these sorts of claims about different groups of people, immigrants, Latinos, Asians, Black people, or others.”
Changed attitudes have made Western societies more vulnerable to intolerant, anti-pluralistic, and counter-revolutionary machinations by countries like the UAE and Saudi Arabia. Alarmed by the strength of political Islamic groups such as the Muslim Brotherhood in the wake of the 2011 popular Arab revolts, the Gulf states had little compunction about fuelling anti-Muslim sentiment in Western countries, including France and Austria, to counter Islamists and their backers, Turkey and Qatar.
Anti-Muslim sentiment is bolstered by the lack of support from Saudi Arabia and the UAE as well as much of the rest of the Muslim world for persecuted Muslim communities such as the Uighurs in China, the Rohingya in Myanmar and Bangladesh, and Muslims in India-administered Kashmir.
Saudi Arabia and the UAE promote their socially more flexible but autocratic versions of a moderate interpretation of Islam that preaches absolute obedience to the ruler. The two states’ use their interpretations to project themselves as leaders of moderation in the Muslim world in which they compete for religious soft power with one another as well as with Turkey, Qatar, Iran and Indonesia, the world’s most populous Muslim-majority country.
”The UAE’s narrative was purposefully designed to appeal to a Western, particularly American audience, in the aftermath of 9/11, the Islamist surge during the Arab Spring, and the rise of the Islamic State. Yet, for Abu Dhabi, its crusade against Islam in the political space has another, more sinister objective: depoliticising civil society while monopolising socio-political power and authority in the hands of the state,” asserted Gulf scholar Andreas Krieg. Mr. Krieg could just as well have been speaking about Saudi Arabia.
The irony is that the religious soft power rivals unwittingly reinforce each other’s efforts. Emirati and Saudi encouragement of Islamophobia in cooperation with populists and Europe’s far-right strengthens Iranian revolutionaries and Turkish President Recep Tayyip Erdogan. Mr. Erdogan projects himself as a pious leader who defends the rights of marginalized Diaspora communities that hail from ‘black’ Turks at home who have been disenfranchised by the Kemalist Turkish elite while Iran claims to represent the struggle of the downtrodden and disenfranchised.
The populists and right-wing nationalists in Europe and elsewhere are the perfect foil for Mr. Erdogan. In turn, Mr. Erdogan’s calls on the Turkish Diaspora to reject assimilation is fodder for the very groups Mr. Erdogan ostensibly opposes.
“Ultimately, these are two right-wing currents that profit from each other. Turkish nationalism coloured by Islamism on the one hand and anti-Islamic and anti-Turkish racism, which has spread throughout Europe and Austria in particular, on the other,” said political scientist Thomas Schmidinge. He was discussing the situation in Austria that serves as an example that repeats itself across Europe in which the UAE, Saudi Arabia, and Turkey wage covert campaigns against one another.
M. Bin Laden must have a grin on his face as the scene unfolds in Europe and the United States, irrespective of whether the former leader of Al-Qaeda is looking at the world from above or from down under. He may bemoan the plight of Muslims in much of the world but the disarray in the West is probably greater, in part thanks to his lethal handiwork, than he probably would have accomplished in his most imaginative dreams.
An earlier version of this story appeared on 911Legacies.com.
Americas
The FDA is Collapsing
Political pressure and anxiety over a fourth wave of the Coronavirus is now replacing clinical data and science. President Joe Biden’s overused talking point in stating ‘science will dictate the vaccines’ seems to be going by the wayside with the White House pressuring the Food and Drug Administration following a pre-emptive announcement to rollout the COVID-19 booster (third shot) on September 20.
The fallout from Biden’s booster push may be responsible for a major mutiny and increasing discord within the FDA. Two of the agency’s top regulators are out as increased pressure mounts to authorize vaccine booster shots and doses for young children under the age of 12.
The two regulators resigning are Marion Gruber, director of the FDA’s Office of Vaccines Research and Review (OVRR), and OVRR Deputy Director Phil Krause. Gruber has been with the FDA for more than 30 years, and Krause has been at the agency for more than a decade. Their departure is a huge loss for the agency with key roles in addressing critical vaccine-related issues and side-effects.
It may not end here with a festering rebellion within the agency who seem to be out of lockstep with the WH and the CDC over the premature decision to anoint a drug into the veins of young children who for vast majority are not at any risk of hospitalization when contracting the virus.
These key resignations may have likely been a culmination of events with the highly conspicuous, yet much heralded FDA approval of the Pfizer-BioNTech COVID-19 shot on August 23rd. With Biden, the CDC, and the media’s capricious tone on the remaining nail of hesitancy pried away to induce the unvaccinated to roll up their sleeves, the president and world leaders now have their stick to mandate vaccines for all federal government employees.
This momentum has resulted in large corporations, hospitals, the travel industry, and higher education leading the way in requiring their employees and students to be vaccinated in order to return to the workplace or school. The extension of the vaccine mandate has resulted in the momentum for vaccine passports to attend civic events, restaurants, riding public transportation, and moving about freely in the marketplace.
Not so quick.
When reviewing the FDA letters sent to Pfizer, the Biological License application was simply approving to call the COVID-19 drug with the brand name Comirnaty; and still requires nearly a dozen additional clinical studies over five years with annual grade reporting – specifically noting further analysis for the younger population. Comirnaty is not a fully approved drug; but rather an approval to manufacture the drug under a brand name and further clinical studies must take place to assess side effects of the drug over longer periods of time.
A second EUA letter from the FDA to Pfizer simply grants the stayed Emergency Use Authorization of an experimental drug now branded as Comirnaty and now permits injection of persons aged 12 through 15 years under emergency sanction. Pfizer must also include warnings of side effects related to pericarditis and myocarditis. Let’s be clear, this experimental vaccine is not fully approved for use as prescribed and perceived in the media; and the shots should not be mandated and legally forced while under further clinical reviews.
The FDA resignations of two leaders with a combined 20 years of service in reviewing vaccine-related issues may be in large part of their unwillingness to stand behind the decision to juice up additional injections for the third time and perhaps a fourth knowing immunity wanes quite quickly after the jab and those who are fully vaccinated are now falling victim to the virus.
A recent major study by the Mayo Clinic that reviewed thousands of PCR tests found the effectiveness of COVID-19 infections dropped in July to 42% for the Pfizer vaccine and 76% for the Moderna vaccine. The effectiveness of long-term protection with the vaccine can no longer be masked with the alarming rate of breakthrough cases as demonstrated in Provincetown, Massachusetts where three-quarters of 469 residents infected during a recent COVID-19 outbreak were fully vaccinated.
Some in the FDA may be alarmed over the recent analysis by Luc Montagnier, a world top virologist and Nobel Prize winner for his work in discovering HIV as the cause of AIDs. He says the world is silent about Antibody-Dependant Enhancement (ADE) where the vaccine is creating the variants by forcing the virus to find a way to stay alive and mutate or die. We just don’t know the extent of the vaccine’s ability to manipulate variants; and yet the tracking for third doses is being prepared.
Comparatively, the cautious responses by government to previous vaccines rollouts has been far different to the rush given to this vaccine. In contrast, when the US vaccinated 45 million for the swine flu in 1976, 53 people reportedly died after the shot, and the US government immediately halted the vaccination. According to the data from Vaccine Adverse Events Reporting System (VAERS), they have registered over ten thousand known COVID-19 vaccine related deaths. How many deaths go unreported? VAERS has also reported thousands of heart attacks, hospitalizations, tinnitus, and high rates of deep vein thrombosis associated with this vaccine, not to mention real concerns over possible fertility issues in women. In comparison, the Menveo vaccine for preventing meningitis had one known death following the vaccine over a 5-year period from 2010-2015.
In adding further concern on whether the employees embedded at the FDA are fully committed to the COVID-19 vaccines was the compelling response by Peter Marks, director of Center for Biologics Evaluation and Research at the FDA, when he was questioned by the Senate Health, Education, Labor and Pensions Committee on May 11 on what percentage of the employees in the FDA have been vaccinated. Marks said he could not tell the exact number but probably a little bit more than half, probably around 60 percent of his employees are vaccinated. Do they know something we don’t know?
Western democracies, specifically the United States, have refrained from an authoritarianism level of control or pressure similar to that of the Chinese communists on independent regulatory agencies. It is a dangerous precedent to see the FDA become weaponized by the political arm of government in their effort to coerce and force entire populations to inject emergency use medicines still subjected to long-term clinical studies.
If the government runs roughshod over the FDA with key voices of objection now removed, what guarantee does society have that other invasive treatments or unconstitutional compliance measures are not enforced in the future? We are already witnessing the fallout with the government’s nod to the private sector and institutions to implement mandatory vaccination and passports; along with social media platforms doing the bidding of government by censoring opposing positions and freedom of speech.
Vaccination efforts that penalize the non-compliant with social and economic limitations is inherently oppressive. Physicians, nurses, and those in the private sector who express opposing opinions or refuse this vaccine are being threatened with the loss of their license, suppressed, and their employment will be terminated. In short, the unvaccinated will be left behind in society.
Society is breaking down into a divisive us and them situation where the political and news media mantra has repeatedly stated this virus has become a pandemic of the unvaccinated, anti-vaxxers are responsible for the lockdowns, and in some cases being refused medical care and labeled as murders. The climate for persecution against the unvaccinated is becoming evident while the temperature for domestic unrest is rising.
History has shown time after time that government’s excessive state control by creating an environment where there is a lack of access to employment and a means to survive, a denial of freedom to move about in the community or travel, and imposed isolation can create the potential for civil unrest. While protest in a democracy is healthy, no one should advocate or participate in unruly unrest, however medical coercion is wrong and should be illegal in removing one’s ability to live, work, and provide.
With the high-profile resignations at the FDA, there is growing friction and mistrust between the regulators and the Biden administration’s third shot booster plan. The government’s resolve to push forward without the FDA’s full approval of the vaccines as a safe medicine for all ages of the population may result in a further mutiny among the FDA’s employees and the agency’s collapse under political pressure.
Americas
The Birth of the Texas Abortion Law: Analysing its Legality and Implications
Despite a new era of pro-choice feminism sweeping the world, Texas has passed the Senate Bill No. 8, bringing to life one of the restrictive abortion bans in the world. The law, pegged as the ‘foetal heartbeat bill’ disallows all abortions at the point of the ‘first detectable heartbeat’. In this post, I shall approach the law through two-prongs. First, I shall discuss the scientific and medical concerns associated with the bill. Then, I shall demonstrate how the law violates the internationally recognised human and reproductive rights of women, and disproportionately impacts specific groups of women.
What Does Science Say?
Science cannot conclusively establish when an embryo becomes a ‘human being’. Scholars have pointed out that there are as many as five different stages of development, each of which is a plausible beginning point for human life. What is clearly determinable, is the fourth stage, which is viability. Viability is defined as the stage when a foetus is able to survive outside the uterus successfully, with medical aid. This is the stage which was endorsed by the US Supreme Court in its decision in Roe v. Wade. With the currently available technology, this stage is achieved about 24 weeks into pregnancy. According to the existing precedent, abortion cannot be banned prior to this stage. Despite this, the Texas law adopts a contrary and unviable standard.
The Texas abortion Bill seems to be inspired from the misinformed Poterian thought that an abortion as early as six weeks into a pregnancy stops a beating heart. The very phrasing of the law, which aims to ban abortions after the ‘first detectable heartbeat’ is problematic. Such detection could happen as early as around six weeks into the pregnancy. However, the actual heart only begins to form around the eighth week of pregnancy and remains relatively unformed till the twentieth week. What is detected earlier is not a heartbeat, but electrical cardiac activity within the embryonic cells. It is also important to note that it is extremely possible for women to get past the six-week mark without being aware of their pregnancy. The new law shall restrict a woman’s abortion to approximately the time till six weeks of her pregnancy, and it is utterly misleading to make a pro-life argument on the basis of the ‘first detectable heartbeat’ standard.
Rights of the Women: An International Human Rights Perspective
Apart from being based on medical inconsistencies, the legislation channels an attack on the human rights of women. The right to privacy is a universally-recognised human right, enshrined under Article 17 of the International Covenant on Civil and Political Rights [ICCPR]. As noted by the Working Group on discrimination against women, a woman’s right to bodily autonomy and to make decisions about reproductive functions is central to her right to privacy. Even in V.D.A. v. Argentina, the United Nations Human Rights Committee [HRC] held that denying women access to abortion can be viewed as a violation of their right to privacy under the ICCPR. While the HRC has previously stated that States can adopt measures to regulate voluntary terminations of pregnancy, it also clarified that such measures should not affect the exercise of other rights under the Covenant by women. However, ensuring the right to privacy and bodily autonomy of women is to be viewed as a precondition to their enjoyment of all other rights. While the decisions of the HRC are not binding on state parties, it is argued that they must be considered in pursuance of good faith. Even if we turn a Nelson’s eye to such violations of a woman’s right to privacy for a moment, another problem quickly grabs our attention.
The legislation allows any person who ‘aids or abets’ a woman seek abortion in any capacity to be sued for a minimum amount of $10,000. Such a suit can be brought by any private citizen in Texas. This would incentivise citizen bounty hunters to unnecessarily interfere with a woman’s private bodily decision in order to make money. Article 12 of the Universal Declaration of Human Rights expressly bars such arbitrary interference with one’s privacy. Moreover, the Special Rapporteur on torture, and other cruel, inhuman, or degrading treatment or punishment expressly noted that extracting information from women seeking medical care or abortion for prosecution purposes shall amount to torture or ill-treatment under the United Nations Convention against Torture. By relying on citizens instead of state officers to enforce the law, the Legislature has made it complicated for the courts to strike down the legislation. Thus, the question before the Supreme Court recently was not whether the law is constitutional, but whether it can even be challenged in court. Subsequently, Texas has provided a model for other states to use the private citizen enforcement loophole, if they wish to sidestep judicial interference. To add salt to the injury, private citizens bringing a suit are not required to produce any evidence that the abortion took place after six weeks of pregnancy, and thus, legal abortions might also be subjected to such litigations.
Yet another issue with the Act is the disproportionate impact it will have on certain groups of women. Women in Texas can still seek abortions after six weeks in other states. However, this option shall not be equally accessible to all socio-economic groups. As a consequence, women from weaker economic backgrounds, women of colour, and undocumented women will face the brunt of this law. What is concerning is that it is precisely these women who form the majority of the cases of abortion. A 2019 study found that as much as 70% of the abortions in Texas were those provided to women of colour. Having to travel to another country to abort is not only non-affordable, but also against the rights of women. In the case of Whelan v. Ireland, the HRC held that compelling women to travel away from their home country to abort can amount to ‘cruel, inhuman or degrading treatment’ and shall be a violation of their right under Article 7 of the ICCPR.
What is even more disappointing is that the law does not create any exception for victims of rape. Since the brining of a lawsuit against anyone who aids or abets the abortion of such victims is so easy, rape crisis centres are concerned about whether they can continue to support survivors after an assault. Any support they provide might fall under the broad ambit of the word ‘aid’ within the Act, and hence open the possibility of them having to face a lawsuit. With the increasingly high number of rape cases reported in Texas every year, this will leave several survivors of rape with inadequate access to post-assault care.
The new legislation on several counts – from science to upholding the rights of women. Now that the Supreme Court has refused to interfere with the enactment of the law, one can only wonder how far-reaching the consequences shall be. If other states decide to continue on the same path set by Texas, then the reproductive rights of women which have been championed ever since Roe v. Wade shall suffer a huge blow.
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