Global “Gag Rule”

The Global “Gag Rule” is an intermittent U.S. federal government policy that prohibits the use of family planning funds by overseas organizations that perform abortions or do not explicitly oppose sex work. It has been widely criticized by women's groups and workers in the field of sexual and reproductive health.

Formally known as the “Mexico City Policy” due to its place of origination, it was given the name Global Gag Rule by opponents who sought to emphasize the ways in which it limited freedom of speech.

Although its anti-abortion basis was widely known, a lesser-known stipulation of the act required all organizations receiving funding to sign a form explicitly [Page 630]opposing prostitution. Those that took no position became ineligible for funds, as did those who referred to prostitution as sex work or supported legalization or decriminalization.

For those that rejected the gag and lost their funding, it hampered or stopped altogether the delivery of services other than abortion that were essential for women's health.

In order to be eligible for the funds, besides actually performing abortions, clinics were also banned from offering information about terminations through advice, counseling, or advocacy. Organizations were not only barred from using U.S. funds for these services but also from using their separate funds received from other agencies and institutions. Lobbying local governments for the decriminalization of abortion was similarly prohibited.

In addition, the rule required organizations to inform their clients of condom failure rates and encouraged the promotion of abstinence. Contraceptives, including condoms, were no longer shipped to 16 countries in the developing world while the rule was in place. Quantities shipped to 13 other places were sharply reduced. This included a number of countries with extremely high rates of human immunodeficiency virus and acquired immune deficiency syndrome (HIV/AIDS).

Women's rights groups argued that the rule had serious negative impacts on the reproductive well-being of millions of women. Given that around 600,000 women die from unsafe abortions and pregnancy-related causes each year, it was argued this had profound health consequences, particularly in countries with limited resources. They said that it endangered lives by exposing women to the dangers of unsafe abortion because no information on safe abortion could made available.

Unions and self-organized sex workers’ organizations argued that it was a form of political silencing against those who did not see sex work as a form of violence against women. The policy was implemented through conditions in United States Agency for International Development (USAID) grant awards. It was in effect from 1985 until 1993, when it was rescinded by President Bill Clinton. President George W. Bush reinstated the policy in 2001. The ban was in place for eight years until January 23, 2009; President Barack Obama rescinded the policy.