This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the understudied question of whether and to what extent donor nations, such as the United States, are or should be held responsible by the international community for the violations of international law that their policies promote. Here the Report concludes that there exists some basis for establishing such responsibility, but there are, nonetheless, significant gaps in current international law that the international legal community should consider and address.
Mehlika Hoodbhoy, Martin S. Flaherty, and Tracy E. Higgins,
Exporting Despair: The Human Rights Implications of U.S. Restrictions on Foreign Health Care Funding in Kenya,
29 Fordham Int'l L.J. 1
Available at: http://ir.lawnet.fordham.edu/ilj/vol29/iss1/1