Restrictions on Funding for Abortion and Involuntary Sterilization The Helms Amendment and The Mexic

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Restrictions on Funding for Abortion and
Involuntary SterilizationThe Helms Amendment
and The Mexico City Policy
APPENDIX FOptional Session Facilitative
Supervision for Quality Improvement
Curriculum 2008
2
Helms Amendment

• Prohibits the use of U.S. government funds for
  performing abortion as a method of family
  planning, or for motivating or coercing anyone to
  practice abortion.
• Applies to all U.S. foreign assistance.

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Mexico City Policy (1)

• Prohibits U.S. government financial support
  (either through subawards or technical
  assistance) from going to
• non-U.S.-based nongovernmental organizations
  (NGOs) that perform or promote abortion as a
  method of family planningeven if they do so
  using their own or other, non-USAID donor funds
• Applies to U.S. international family planning
  assistance from any account.

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Mexico City Policy (2)

• Permits postabortion care
• It does not limit organizations from treating
  injuries or illnesses caused by legal or illegal
  abortions.

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Mexico City Policy (3)

• Does not apply to
• Foreign governments
• U.S.-based government, private organizations and
  NGOs
• Multilateral organizations
• Contracts or subcontracts
• Postabortion care

• Applies to
• Foreign private organizations and NGOs
  (for-profit and nonprofit)
• Direct grants, subgrants, contracts, or
  subcontracts, goods, and services (e.g.,
  technical assistance and commodities)

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Defining Terms

• Abortion as a method of family planningRefers to
  when abortion is performed for the purpose of
  spacing births or limiting fertility. Does not
  include abortions performed to end pregnancies
  caused by rape or incest or those that endanger
  the life of the pregnant woman.
• To perform abortionRefers to operating a
  facility where abortions are performed as a
  method of family planning. Excludes treatment of
  injuries or illnesses caused by legal or illegal
  abortions (i.e., PAC).
• To actively promote abortionRefers to an
  organizations providing abortion counseling,
  referring a client for an abortion or for a
  menstrual extraction, or lobbying to make
  abortion legal or more available (see next slide
  for what this includes).
  

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Defining Terms (2)

• Actively promoting abortion includes
• Offering counseling that provides advice and
  information about the benefits and availability
  of abortion as an FP method.
• Providing advice that abortion is an available
  option in the event that other FP methods are not
  used or fail. (Does not apply to responding to
  questions from a pregnant woman who wants to
  obtain a safe, legal abortion.)
• Lobbying the government to continue the legality
  of abortion or to legalize abortion as a method
  of FP.
• Conducting a public information campaign
  regarding the benefits and/or availability of
  abortion as a method of FP.

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Defining Terms (3)

• Nongovernmental organization (NGO)any foreign
  NGO or other private institution, either
  nonprofit or for-profit
• Technical assistancethe transfer of goods or
  services to another organization

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Technical Assistance

• A technical assistance relationship between
  organizations implies a sustained and substantial
  relationship in which skills are transferred. Ad
  hoc interactions between organizations
• (e.g., visits, consultations, data collection,
  interviews) should not be subject to the
  restrictions under this interpretation.
• (Population Action International, 2001)

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Responsibilities under the Mexico City Policy

• U.S. NGOs enforce the policy on their foreign
  NGO partners include clauses in subawards and
  monitor compliance.
• Foreign NGOs receiving U.S. funding or technical
  assistance certify in writing when each new
  agreement or memorandum of understanding is
  executed that it does not, and will not, perform
  or actively promote abortion as a method of FP
  while receiving assistance from USAID.

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Consequences of Violating the Mexico City Policy

• USAID reserves the right to investigate alleged
  violations.
• If confirmed
• The assistance provided to the recipient shall be
  terminated.
• In the case of false certification, the recipient
  will be required to refund the full amount of
  funds awarded.
• In the case of a mistake after certification, the
  recipient may only be required to refund the
  value of any assistance provided that is used to
  perform or actively promote abortion as a method
  of FP.