Exporting Culture Wars

UC Davis Journal of International Law and Policy, Vol. 13, p. 67, 2006

27 Pages Posted: 14 Jun 2010

See all articles by James Thuo Gathii

James Thuo Gathii

Loyola University Chicago School of Law

Date Written: 2006

Abstract

Non-Governmental Organizations (NGOs) provide a broad range of health services in developing countries and they are more flexible than government health care clinics. NGOs are partially funded through donations, which helps keep the services affordable. However, the United States has instituted a “gag rule” to prohibit funding NGOs that advocate for, or counsel about, abortion services, even if such activities receive funds from sources other than the U.S.

This article points to specific instances where the gag rule can be seen to cause harm to the people in Third World countries caught in the HIV/AIDS pandemic. Further, it makes three arguments. First, it argues that the enactment of the global gag rule was and is a concerted effort to export the U.S. culture around the world. Second, it argues that the moral absolutism of the global gag rule overlaps with the criminalization of abortion and the patriarchal customary and religious norms and practices in sub-Saharan African countries, not only to undermine access to safe and affordable reproductive health care services, but also to consolidate and legitimize gender inequality. Last, it argues that the gag rule is proof of the unlimited powers of the President in the exercise of foreign affairs.

The article then provides remedies for providing affordable health care without exporting the culture wars.

Suggested Citation

Gathii, James Thuo, Exporting Culture Wars (2006). UC Davis Journal of International Law and Policy, Vol. 13, p. 67, 2006, Available at SSRN: https://ssrn.com/abstract=1625031

James Thuo Gathii (Contact Author)

Loyola University Chicago School of Law ( email )

25 East Pearson
Chicago, IL 60611
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
70
Abstract Views
735
Rank
598,631
PlumX Metrics