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Rutgers triumphs in landmark court case against lies, online hate and disinformation

Rutgers, the Netherlands’ leading sexual and reproductive health expert and IPPF’s Member Association, has today secured a landmark legal win against an ultra-conservative group.

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Gaza, Palestine/IPPF Humanitarian/Samar Abu Elouf
media center

| 29 March 2022

Government of Japan, through its support for IPPF, will provide life-saving health care services to the most vulnerable populations in Palestine

With support from the Government of Japan, the IPPF Member Association in Palestine (PFPPA) is launching a new project in Palestine targeting the most vulnerable populations that have been severely affected by the humanitarian crisis and the COVID-19 pandemic. It is estimated that at least 1.45 million people in Palestine are in need of healthcare-related humanitarian assistance. The escalation of the conflict in Gaza in May 2021, in addition to the long-standing severe restrictions on movement and inadequate healthcare systems, have resulted in the loss of many lives, the destruction of the healthcare system, and negative impacts of the COVID-19 pandemic. Together these have increased poverty levels and strained the healthcare system resulting in increased humanitarian and medical assistance needs. In 2022, it is estimated that 63% of the population living in Gaza and 23% in the West Bank will continue to need humanitarian assistance. The vulnerability of women and girls in particular is even greater, with serious and sometimes life-threatening health consequences. In this context, PFPPA will reach vulnerable and hard-to-reach populations (especially women and girls) with sexual and reproductive health and rights (SRHR) services, including sexual and gender-based violence (SGBV) related services. This will focus on five locations: Gaza, Hebron, Halhoul, Bethlehem and Ramallah. By the end of February 2023, PFPPA aims to: Deliver quality SRHR and SGBV-related services to approximately 36,000 women and young people through PFPPA clinics in the 5 project target areas. Deliver a Minimum Initial Service Package for reproductive health in crisis situation (MISP: sexual and gender-based violence response, HIV and sexually transmitted disease prevention and treatment, emergency obstetric newborn care, family planning, comprehensive abortion care, etc.) to 4,800 people through mobile clinics in project target areas in Gaza and the West Bank.  Deliver prenatal and postpartum door-to-door services to 160 women, including counselling and services to promote healthy pregnancies and prepare women for childbirth.  Deliver "birth preparedness" services to 30 women and distribute kits consisting of basic supplies for pre- and postpartum preparation, including essential newborn care. Deliver SRH and SGBV services to 2,000 women and girls through mobile apps and telecommunication projects. H.E. Hajime Hayashi, Ambassador of Japan to the United Kingdom, said: “We are delighted to be working with the IPPF to improve the health of women in Palestine, who are increasingly vulnerable to the humanitarian crisis and the impact of the new coronavirus outbreak. This effort will not only contribute to the realization of Japan's emphasis on Universal Health Coverage (UHC), but will also have a direct effect on human security.” Dr Alvaro Bermejo, Executive Director of IPPF, said: “With the support of the Japanese government, IPPF will be able to provide health and life-saving services to vulnerable women in Palestine. We are very grateful for the opportunity to work with the Japanese government to stand with those affected by the conflict and the COVID-19 to ensure that no one is left behind.” Ms Ammal Awadallah, Executive Director of PFPPA, said: “PFPPA is committed to ensuring that all services provided by their team to the population, regardless of each individual's circumstances, are of high quality and are provided securely, with dignity and respect, protecting all those involved from any form of harm. Furthermore, through the generous support of the Japanese government, for which we are greatly appreciative, PFPPA will be able to deliver essential services related to Sexual Reproductive Health Rights (including SGBV) to those living in marginalized and remote areas most in need of such services.” International Planned Parenthood Federation (IPPF):  Founded in 1952 in Bombay, India, IPPF’s founding members included Madam Shizue Kato, one of Japan's first female parliamentarians and the leader of the family planning movement. Today, IPPF is one of the world's largest international NGOs working to defend sexual and reproductive health and rights and to deliver SRH services and information to all people (especially vulnerable people) through its grassroots network of 120 Member Associations and Collaborative Partners working in 140 countries including Palestine around the world. Contact: Yuri Taniguchi, Chief Strategic Partnerships and Development Advisor (S.E.Asia), International Planned Parenthood Federation (IPPF) London Office 

Gaza, Palestine/IPPF Humanitarian/Samar Abu Elouf
media_center

| 28 March 2022

Government of Japan, through its support for IPPF, will provide life-saving health care services to the most vulnerable populations in Palestine

With support from the Government of Japan, the IPPF Member Association in Palestine (PFPPA) is launching a new project in Palestine targeting the most vulnerable populations that have been severely affected by the humanitarian crisis and the COVID-19 pandemic. It is estimated that at least 1.45 million people in Palestine are in need of healthcare-related humanitarian assistance. The escalation of the conflict in Gaza in May 2021, in addition to the long-standing severe restrictions on movement and inadequate healthcare systems, have resulted in the loss of many lives, the destruction of the healthcare system, and negative impacts of the COVID-19 pandemic. Together these have increased poverty levels and strained the healthcare system resulting in increased humanitarian and medical assistance needs. In 2022, it is estimated that 63% of the population living in Gaza and 23% in the West Bank will continue to need humanitarian assistance. The vulnerability of women and girls in particular is even greater, with serious and sometimes life-threatening health consequences. In this context, PFPPA will reach vulnerable and hard-to-reach populations (especially women and girls) with sexual and reproductive health and rights (SRHR) services, including sexual and gender-based violence (SGBV) related services. This will focus on five locations: Gaza, Hebron, Halhoul, Bethlehem and Ramallah. By the end of February 2023, PFPPA aims to: Deliver quality SRHR and SGBV-related services to approximately 36,000 women and young people through PFPPA clinics in the 5 project target areas. Deliver a Minimum Initial Service Package for reproductive health in crisis situation (MISP: sexual and gender-based violence response, HIV and sexually transmitted disease prevention and treatment, emergency obstetric newborn care, family planning, comprehensive abortion care, etc.) to 4,800 people through mobile clinics in project target areas in Gaza and the West Bank.  Deliver prenatal and postpartum door-to-door services to 160 women, including counselling and services to promote healthy pregnancies and prepare women for childbirth.  Deliver "birth preparedness" services to 30 women and distribute kits consisting of basic supplies for pre- and postpartum preparation, including essential newborn care. Deliver SRH and SGBV services to 2,000 women and girls through mobile apps and telecommunication projects. H.E. Hajime Hayashi, Ambassador of Japan to the United Kingdom, said: “We are delighted to be working with the IPPF to improve the health of women in Palestine, who are increasingly vulnerable to the humanitarian crisis and the impact of the new coronavirus outbreak. This effort will not only contribute to the realization of Japan's emphasis on Universal Health Coverage (UHC), but will also have a direct effect on human security.” Dr Alvaro Bermejo, Executive Director of IPPF, said: “With the support of the Japanese government, IPPF will be able to provide health and life-saving services to vulnerable women in Palestine. We are very grateful for the opportunity to work with the Japanese government to stand with those affected by the conflict and the COVID-19 to ensure that no one is left behind.” Ms Ammal Awadallah, Executive Director of PFPPA, said: “PFPPA is committed to ensuring that all services provided by their team to the population, regardless of each individual's circumstances, are of high quality and are provided securely, with dignity and respect, protecting all those involved from any form of harm. Furthermore, through the generous support of the Japanese government, for which we are greatly appreciative, PFPPA will be able to deliver essential services related to Sexual Reproductive Health Rights (including SGBV) to those living in marginalized and remote areas most in need of such services.” International Planned Parenthood Federation (IPPF):  Founded in 1952 in Bombay, India, IPPF’s founding members included Madam Shizue Kato, one of Japan's first female parliamentarians and the leader of the family planning movement. Today, IPPF is one of the world's largest international NGOs working to defend sexual and reproductive health and rights and to deliver SRH services and information to all people (especially vulnerable people) through its grassroots network of 120 Member Associations and Collaborative Partners working in 140 countries including Palestine around the world. Contact: Yuri Taniguchi, Chief Strategic Partnerships and Development Advisor (S.E.Asia), International Planned Parenthood Federation (IPPF) London Office 

The Kenynan flag - black, red and green horizontal stripes with a shield in the middle
media center

| 28 March 2022

Kenyan High Court makes landmark ruling on safe abortion care

In a landmark verdict today, the High Court of Malindi has ruled that safe abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers, for seeking or offering such services, is completely illegal. Specifically, the Court ruled that: Abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers seeking or offering such services is illegal. Protecting access to abortion impacts vital Constitutional values, including dignity, autonomy, equality, and bodily integrity. Criminalizing abortion under Penal Code without Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive right. For years, women and girls in Kenya have faced sustained and pervasive discrimination hampering their access to seeking reproductive healthcare services; the 1963 Penal Code criminalizes all abortion care, including those allowed under the Constitution 2010, which guarantees the right to healthcare, including access to reproductive health services. The Constitution only permits safe abortion if in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is at risk/in danger. The court case in question, filed in November 2020, involved PAK, a minor 16 years of age from Kilifi County. PAK experienced complications during pregnancy and immediately sought medical care at a nearby clinic where a trained clinical officer attended to her. Upon examining her, the clinical officer determined that she had lost the pregnancy and proceeded to provide her with essential and life-saving post-abortion care. Policy officers stormed the clinic, in the midst of the treatment, stopping the medical procedure and confiscating PAK’s treatment records. They then proceeded to illegally arrest both PAK and the clinical officer. Both were taken to Ganze Police Patrol Base where PAK was not allowed to access further medical care for the next two days and was forced to sign a statement which was contrary to PAK’s description of the events. The police also forced PAK to undergo another detailed medical examination at Kilifi County Hospital to obtain evidence to prove the alleged offence of abortion. The clinical officer was detained for one week while PAK was remanded to a juvenile remand for more than a month, whilst she and her family sought to secure the cash bail for her release. The Malindi High Court has further directed the Parliament to enact an abortion law and public policy framework that aligns with the Kenyan Constitution. Additionally, the Court has confirmed that communication between a patient and the healthcare provider is confidential, which is guaranteed and protected under the Constitution and other enabling laws, save for where the disclosure is consented to by the patient or is in the public interest in line with the limitations as provided for in the Constitution. In its decision, the Court also ruled that PAK was recovering from medical procedure and police did not have the medical qualifications to determine and confirm that she was medically-fit to leave the clinic, regardless of her admission status at the clinic. Additionally, the Court found that PAK’s arrest was inhuman and degrading, and being a minor, she ought not to have been interrogated without legal representation. Marie-Evelyne Petrus-Barry, Africa Regional Director from the International Planned Parenthood Federation, said: “We are absolutely delighted to hear this news and applaud the High Court of Malindi's ruling confirming that abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services is illegal. We are also very pleased to hear that the Court has directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution. This is a victory for women and girls not only in Kenya, but across Africa! Access to quality abortion is essential to guarantee the health and reproductive rights of women and girls everywhere. At IPPF, we are committed to reducing the number of deaths of women and girls who are forced to turn to unsafe abortion methods for fear of arrests and harassment. We will continue to supply and support safe and legal abortion services and care for women and girls everywhere.” The petitioners were represented by the Center for Reproductive Rights a network of reproductive health providers whose member was the second petitioner in this case and a collaborative partner of IPPF. The advocates were Martin Onyango, Head of Legal Strategies for Africa, and Prudence Mutiso, Legal Advisor for Africa. Nelly Munyasia, Executive Director of Reproductive Health Network Kenya (RHNK), , welcomed the court’s decision: “Many qualified reproductive healthcare practitioners continue to be arrested, detained, and prosecuted for providing legal medical care. The court’s decision confirms that prosecution against health providers cannot hold where the prosecution has not established that; the health professional in question was unqualified to conduct the procedure; the life or health of the woman was not in danger or the woman was not in need of emergency treatment,” Ms. Munyasia said. Evelyne Opondo, Senior Regional Director for Africa at Center for Reproductive Rights said: “Today’s victory is for all women, girls, and healthcare providers who have been treated as criminals for seeking and providing abortion care. The court has vindicated our position by affirming that forcing a woman to carry an unwanted pregnancy to term or to seek out an unsafe abortion is a gross violation of her rights to privacy and bodily autonomy. Further, the continued restrictive abortion laws inhibit quality improvement possible to protect women with unintended pregnancies.” Center fact sheet: “The Impact of the Misalignment Between Kenya’s Constitution and the Penal Code on Access to Reproductive Health Care”

The Kenynan flag - black, red and green horizontal stripes with a shield in the middle
media_center

| 26 March 2022

Kenyan High Court makes landmark ruling on safe abortion care

In a landmark verdict today, the High Court of Malindi has ruled that safe abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers, for seeking or offering such services, is completely illegal. Specifically, the Court ruled that: Abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers seeking or offering such services is illegal. Protecting access to abortion impacts vital Constitutional values, including dignity, autonomy, equality, and bodily integrity. Criminalizing abortion under Penal Code without Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive right. For years, women and girls in Kenya have faced sustained and pervasive discrimination hampering their access to seeking reproductive healthcare services; the 1963 Penal Code criminalizes all abortion care, including those allowed under the Constitution 2010, which guarantees the right to healthcare, including access to reproductive health services. The Constitution only permits safe abortion if in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is at risk/in danger. The court case in question, filed in November 2020, involved PAK, a minor 16 years of age from Kilifi County. PAK experienced complications during pregnancy and immediately sought medical care at a nearby clinic where a trained clinical officer attended to her. Upon examining her, the clinical officer determined that she had lost the pregnancy and proceeded to provide her with essential and life-saving post-abortion care. Policy officers stormed the clinic, in the midst of the treatment, stopping the medical procedure and confiscating PAK’s treatment records. They then proceeded to illegally arrest both PAK and the clinical officer. Both were taken to Ganze Police Patrol Base where PAK was not allowed to access further medical care for the next two days and was forced to sign a statement which was contrary to PAK’s description of the events. The police also forced PAK to undergo another detailed medical examination at Kilifi County Hospital to obtain evidence to prove the alleged offence of abortion. The clinical officer was detained for one week while PAK was remanded to a juvenile remand for more than a month, whilst she and her family sought to secure the cash bail for her release. The Malindi High Court has further directed the Parliament to enact an abortion law and public policy framework that aligns with the Kenyan Constitution. Additionally, the Court has confirmed that communication between a patient and the healthcare provider is confidential, which is guaranteed and protected under the Constitution and other enabling laws, save for where the disclosure is consented to by the patient or is in the public interest in line with the limitations as provided for in the Constitution. In its decision, the Court also ruled that PAK was recovering from medical procedure and police did not have the medical qualifications to determine and confirm that she was medically-fit to leave the clinic, regardless of her admission status at the clinic. Additionally, the Court found that PAK’s arrest was inhuman and degrading, and being a minor, she ought not to have been interrogated without legal representation. Marie-Evelyne Petrus-Barry, Africa Regional Director from the International Planned Parenthood Federation, said: “We are absolutely delighted to hear this news and applaud the High Court of Malindi's ruling confirming that abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services is illegal. We are also very pleased to hear that the Court has directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution. This is a victory for women and girls not only in Kenya, but across Africa! Access to quality abortion is essential to guarantee the health and reproductive rights of women and girls everywhere. At IPPF, we are committed to reducing the number of deaths of women and girls who are forced to turn to unsafe abortion methods for fear of arrests and harassment. We will continue to supply and support safe and legal abortion services and care for women and girls everywhere.” The petitioners were represented by the Center for Reproductive Rights a network of reproductive health providers whose member was the second petitioner in this case and a collaborative partner of IPPF. The advocates were Martin Onyango, Head of Legal Strategies for Africa, and Prudence Mutiso, Legal Advisor for Africa. Nelly Munyasia, Executive Director of Reproductive Health Network Kenya (RHNK), , welcomed the court’s decision: “Many qualified reproductive healthcare practitioners continue to be arrested, detained, and prosecuted for providing legal medical care. The court’s decision confirms that prosecution against health providers cannot hold where the prosecution has not established that; the health professional in question was unqualified to conduct the procedure; the life or health of the woman was not in danger or the woman was not in need of emergency treatment,” Ms. Munyasia said. Evelyne Opondo, Senior Regional Director for Africa at Center for Reproductive Rights said: “Today’s victory is for all women, girls, and healthcare providers who have been treated as criminals for seeking and providing abortion care. The court has vindicated our position by affirming that forcing a woman to carry an unwanted pregnancy to term or to seek out an unsafe abortion is a gross violation of her rights to privacy and bodily autonomy. Further, the continued restrictive abortion laws inhibit quality improvement possible to protect women with unintended pregnancies.” Center fact sheet: “The Impact of the Misalignment Between Kenya’s Constitution and the Penal Code on Access to Reproductive Health Care”

Gaza, Palestine/IPPF Humanitarian/Samar Abu Elouf
media center

| 29 March 2022

Government of Japan, through its support for IPPF, will provide life-saving health care services to the most vulnerable populations in Palestine

With support from the Government of Japan, the IPPF Member Association in Palestine (PFPPA) is launching a new project in Palestine targeting the most vulnerable populations that have been severely affected by the humanitarian crisis and the COVID-19 pandemic. It is estimated that at least 1.45 million people in Palestine are in need of healthcare-related humanitarian assistance. The escalation of the conflict in Gaza in May 2021, in addition to the long-standing severe restrictions on movement and inadequate healthcare systems, have resulted in the loss of many lives, the destruction of the healthcare system, and negative impacts of the COVID-19 pandemic. Together these have increased poverty levels and strained the healthcare system resulting in increased humanitarian and medical assistance needs. In 2022, it is estimated that 63% of the population living in Gaza and 23% in the West Bank will continue to need humanitarian assistance. The vulnerability of women and girls in particular is even greater, with serious and sometimes life-threatening health consequences. In this context, PFPPA will reach vulnerable and hard-to-reach populations (especially women and girls) with sexual and reproductive health and rights (SRHR) services, including sexual and gender-based violence (SGBV) related services. This will focus on five locations: Gaza, Hebron, Halhoul, Bethlehem and Ramallah. By the end of February 2023, PFPPA aims to: Deliver quality SRHR and SGBV-related services to approximately 36,000 women and young people through PFPPA clinics in the 5 project target areas. Deliver a Minimum Initial Service Package for reproductive health in crisis situation (MISP: sexual and gender-based violence response, HIV and sexually transmitted disease prevention and treatment, emergency obstetric newborn care, family planning, comprehensive abortion care, etc.) to 4,800 people through mobile clinics in project target areas in Gaza and the West Bank.  Deliver prenatal and postpartum door-to-door services to 160 women, including counselling and services to promote healthy pregnancies and prepare women for childbirth.  Deliver "birth preparedness" services to 30 women and distribute kits consisting of basic supplies for pre- and postpartum preparation, including essential newborn care. Deliver SRH and SGBV services to 2,000 women and girls through mobile apps and telecommunication projects. H.E. Hajime Hayashi, Ambassador of Japan to the United Kingdom, said: “We are delighted to be working with the IPPF to improve the health of women in Palestine, who are increasingly vulnerable to the humanitarian crisis and the impact of the new coronavirus outbreak. This effort will not only contribute to the realization of Japan's emphasis on Universal Health Coverage (UHC), but will also have a direct effect on human security.” Dr Alvaro Bermejo, Executive Director of IPPF, said: “With the support of the Japanese government, IPPF will be able to provide health and life-saving services to vulnerable women in Palestine. We are very grateful for the opportunity to work with the Japanese government to stand with those affected by the conflict and the COVID-19 to ensure that no one is left behind.” Ms Ammal Awadallah, Executive Director of PFPPA, said: “PFPPA is committed to ensuring that all services provided by their team to the population, regardless of each individual's circumstances, are of high quality and are provided securely, with dignity and respect, protecting all those involved from any form of harm. Furthermore, through the generous support of the Japanese government, for which we are greatly appreciative, PFPPA will be able to deliver essential services related to Sexual Reproductive Health Rights (including SGBV) to those living in marginalized and remote areas most in need of such services.” International Planned Parenthood Federation (IPPF):  Founded in 1952 in Bombay, India, IPPF’s founding members included Madam Shizue Kato, one of Japan's first female parliamentarians and the leader of the family planning movement. Today, IPPF is one of the world's largest international NGOs working to defend sexual and reproductive health and rights and to deliver SRH services and information to all people (especially vulnerable people) through its grassroots network of 120 Member Associations and Collaborative Partners working in 140 countries including Palestine around the world. Contact: Yuri Taniguchi, Chief Strategic Partnerships and Development Advisor (S.E.Asia), International Planned Parenthood Federation (IPPF) London Office 

Gaza, Palestine/IPPF Humanitarian/Samar Abu Elouf
media_center

| 28 March 2022

Government of Japan, through its support for IPPF, will provide life-saving health care services to the most vulnerable populations in Palestine

With support from the Government of Japan, the IPPF Member Association in Palestine (PFPPA) is launching a new project in Palestine targeting the most vulnerable populations that have been severely affected by the humanitarian crisis and the COVID-19 pandemic. It is estimated that at least 1.45 million people in Palestine are in need of healthcare-related humanitarian assistance. The escalation of the conflict in Gaza in May 2021, in addition to the long-standing severe restrictions on movement and inadequate healthcare systems, have resulted in the loss of many lives, the destruction of the healthcare system, and negative impacts of the COVID-19 pandemic. Together these have increased poverty levels and strained the healthcare system resulting in increased humanitarian and medical assistance needs. In 2022, it is estimated that 63% of the population living in Gaza and 23% in the West Bank will continue to need humanitarian assistance. The vulnerability of women and girls in particular is even greater, with serious and sometimes life-threatening health consequences. In this context, PFPPA will reach vulnerable and hard-to-reach populations (especially women and girls) with sexual and reproductive health and rights (SRHR) services, including sexual and gender-based violence (SGBV) related services. This will focus on five locations: Gaza, Hebron, Halhoul, Bethlehem and Ramallah. By the end of February 2023, PFPPA aims to: Deliver quality SRHR and SGBV-related services to approximately 36,000 women and young people through PFPPA clinics in the 5 project target areas. Deliver a Minimum Initial Service Package for reproductive health in crisis situation (MISP: sexual and gender-based violence response, HIV and sexually transmitted disease prevention and treatment, emergency obstetric newborn care, family planning, comprehensive abortion care, etc.) to 4,800 people through mobile clinics in project target areas in Gaza and the West Bank.  Deliver prenatal and postpartum door-to-door services to 160 women, including counselling and services to promote healthy pregnancies and prepare women for childbirth.  Deliver "birth preparedness" services to 30 women and distribute kits consisting of basic supplies for pre- and postpartum preparation, including essential newborn care. Deliver SRH and SGBV services to 2,000 women and girls through mobile apps and telecommunication projects. H.E. Hajime Hayashi, Ambassador of Japan to the United Kingdom, said: “We are delighted to be working with the IPPF to improve the health of women in Palestine, who are increasingly vulnerable to the humanitarian crisis and the impact of the new coronavirus outbreak. This effort will not only contribute to the realization of Japan's emphasis on Universal Health Coverage (UHC), but will also have a direct effect on human security.” Dr Alvaro Bermejo, Executive Director of IPPF, said: “With the support of the Japanese government, IPPF will be able to provide health and life-saving services to vulnerable women in Palestine. We are very grateful for the opportunity to work with the Japanese government to stand with those affected by the conflict and the COVID-19 to ensure that no one is left behind.” Ms Ammal Awadallah, Executive Director of PFPPA, said: “PFPPA is committed to ensuring that all services provided by their team to the population, regardless of each individual's circumstances, are of high quality and are provided securely, with dignity and respect, protecting all those involved from any form of harm. Furthermore, through the generous support of the Japanese government, for which we are greatly appreciative, PFPPA will be able to deliver essential services related to Sexual Reproductive Health Rights (including SGBV) to those living in marginalized and remote areas most in need of such services.” International Planned Parenthood Federation (IPPF):  Founded in 1952 in Bombay, India, IPPF’s founding members included Madam Shizue Kato, one of Japan's first female parliamentarians and the leader of the family planning movement. Today, IPPF is one of the world's largest international NGOs working to defend sexual and reproductive health and rights and to deliver SRH services and information to all people (especially vulnerable people) through its grassroots network of 120 Member Associations and Collaborative Partners working in 140 countries including Palestine around the world. Contact: Yuri Taniguchi, Chief Strategic Partnerships and Development Advisor (S.E.Asia), International Planned Parenthood Federation (IPPF) London Office 

The Kenynan flag - black, red and green horizontal stripes with a shield in the middle
media center

| 28 March 2022

Kenyan High Court makes landmark ruling on safe abortion care

In a landmark verdict today, the High Court of Malindi has ruled that safe abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers, for seeking or offering such services, is completely illegal. Specifically, the Court ruled that: Abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers seeking or offering such services is illegal. Protecting access to abortion impacts vital Constitutional values, including dignity, autonomy, equality, and bodily integrity. Criminalizing abortion under Penal Code without Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive right. For years, women and girls in Kenya have faced sustained and pervasive discrimination hampering their access to seeking reproductive healthcare services; the 1963 Penal Code criminalizes all abortion care, including those allowed under the Constitution 2010, which guarantees the right to healthcare, including access to reproductive health services. The Constitution only permits safe abortion if in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is at risk/in danger. The court case in question, filed in November 2020, involved PAK, a minor 16 years of age from Kilifi County. PAK experienced complications during pregnancy and immediately sought medical care at a nearby clinic where a trained clinical officer attended to her. Upon examining her, the clinical officer determined that she had lost the pregnancy and proceeded to provide her with essential and life-saving post-abortion care. Policy officers stormed the clinic, in the midst of the treatment, stopping the medical procedure and confiscating PAK’s treatment records. They then proceeded to illegally arrest both PAK and the clinical officer. Both were taken to Ganze Police Patrol Base where PAK was not allowed to access further medical care for the next two days and was forced to sign a statement which was contrary to PAK’s description of the events. The police also forced PAK to undergo another detailed medical examination at Kilifi County Hospital to obtain evidence to prove the alleged offence of abortion. The clinical officer was detained for one week while PAK was remanded to a juvenile remand for more than a month, whilst she and her family sought to secure the cash bail for her release. The Malindi High Court has further directed the Parliament to enact an abortion law and public policy framework that aligns with the Kenyan Constitution. Additionally, the Court has confirmed that communication between a patient and the healthcare provider is confidential, which is guaranteed and protected under the Constitution and other enabling laws, save for where the disclosure is consented to by the patient or is in the public interest in line with the limitations as provided for in the Constitution. In its decision, the Court also ruled that PAK was recovering from medical procedure and police did not have the medical qualifications to determine and confirm that she was medically-fit to leave the clinic, regardless of her admission status at the clinic. Additionally, the Court found that PAK’s arrest was inhuman and degrading, and being a minor, she ought not to have been interrogated without legal representation. Marie-Evelyne Petrus-Barry, Africa Regional Director from the International Planned Parenthood Federation, said: “We are absolutely delighted to hear this news and applaud the High Court of Malindi's ruling confirming that abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services is illegal. We are also very pleased to hear that the Court has directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution. This is a victory for women and girls not only in Kenya, but across Africa! Access to quality abortion is essential to guarantee the health and reproductive rights of women and girls everywhere. At IPPF, we are committed to reducing the number of deaths of women and girls who are forced to turn to unsafe abortion methods for fear of arrests and harassment. We will continue to supply and support safe and legal abortion services and care for women and girls everywhere.” The petitioners were represented by the Center for Reproductive Rights a network of reproductive health providers whose member was the second petitioner in this case and a collaborative partner of IPPF. The advocates were Martin Onyango, Head of Legal Strategies for Africa, and Prudence Mutiso, Legal Advisor for Africa. Nelly Munyasia, Executive Director of Reproductive Health Network Kenya (RHNK), , welcomed the court’s decision: “Many qualified reproductive healthcare practitioners continue to be arrested, detained, and prosecuted for providing legal medical care. The court’s decision confirms that prosecution against health providers cannot hold where the prosecution has not established that; the health professional in question was unqualified to conduct the procedure; the life or health of the woman was not in danger or the woman was not in need of emergency treatment,” Ms. Munyasia said. Evelyne Opondo, Senior Regional Director for Africa at Center for Reproductive Rights said: “Today’s victory is for all women, girls, and healthcare providers who have been treated as criminals for seeking and providing abortion care. The court has vindicated our position by affirming that forcing a woman to carry an unwanted pregnancy to term or to seek out an unsafe abortion is a gross violation of her rights to privacy and bodily autonomy. Further, the continued restrictive abortion laws inhibit quality improvement possible to protect women with unintended pregnancies.” Center fact sheet: “The Impact of the Misalignment Between Kenya’s Constitution and the Penal Code on Access to Reproductive Health Care”

The Kenynan flag - black, red and green horizontal stripes with a shield in the middle
media_center

| 26 March 2022

Kenyan High Court makes landmark ruling on safe abortion care

In a landmark verdict today, the High Court of Malindi has ruled that safe abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers, for seeking or offering such services, is completely illegal. Specifically, the Court ruled that: Abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers seeking or offering such services is illegal. Protecting access to abortion impacts vital Constitutional values, including dignity, autonomy, equality, and bodily integrity. Criminalizing abortion under Penal Code without Constitutional statutory framework is an impairment to the enjoyment of women’s reproductive right. For years, women and girls in Kenya have faced sustained and pervasive discrimination hampering their access to seeking reproductive healthcare services; the 1963 Penal Code criminalizes all abortion care, including those allowed under the Constitution 2010, which guarantees the right to healthcare, including access to reproductive health services. The Constitution only permits safe abortion if in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is at risk/in danger. The court case in question, filed in November 2020, involved PAK, a minor 16 years of age from Kilifi County. PAK experienced complications during pregnancy and immediately sought medical care at a nearby clinic where a trained clinical officer attended to her. Upon examining her, the clinical officer determined that she had lost the pregnancy and proceeded to provide her with essential and life-saving post-abortion care. Policy officers stormed the clinic, in the midst of the treatment, stopping the medical procedure and confiscating PAK’s treatment records. They then proceeded to illegally arrest both PAK and the clinical officer. Both were taken to Ganze Police Patrol Base where PAK was not allowed to access further medical care for the next two days and was forced to sign a statement which was contrary to PAK’s description of the events. The police also forced PAK to undergo another detailed medical examination at Kilifi County Hospital to obtain evidence to prove the alleged offence of abortion. The clinical officer was detained for one week while PAK was remanded to a juvenile remand for more than a month, whilst she and her family sought to secure the cash bail for her release. The Malindi High Court has further directed the Parliament to enact an abortion law and public policy framework that aligns with the Kenyan Constitution. Additionally, the Court has confirmed that communication between a patient and the healthcare provider is confidential, which is guaranteed and protected under the Constitution and other enabling laws, save for where the disclosure is consented to by the patient or is in the public interest in line with the limitations as provided for in the Constitution. In its decision, the Court also ruled that PAK was recovering from medical procedure and police did not have the medical qualifications to determine and confirm that she was medically-fit to leave the clinic, regardless of her admission status at the clinic. Additionally, the Court found that PAK’s arrest was inhuman and degrading, and being a minor, she ought not to have been interrogated without legal representation. Marie-Evelyne Petrus-Barry, Africa Regional Director from the International Planned Parenthood Federation, said: “We are absolutely delighted to hear this news and applaud the High Court of Malindi's ruling confirming that abortion care is a fundamental right under the Constitution of Kenya and that arbitrary arrests and prosecution of patients and healthcare providers for seeking or offering such services is illegal. We are also very pleased to hear that the Court has directed Parliament to enact an abortion law and public policy framework that aligns with the Constitution. This is a victory for women and girls not only in Kenya, but across Africa! Access to quality abortion is essential to guarantee the health and reproductive rights of women and girls everywhere. At IPPF, we are committed to reducing the number of deaths of women and girls who are forced to turn to unsafe abortion methods for fear of arrests and harassment. We will continue to supply and support safe and legal abortion services and care for women and girls everywhere.” The petitioners were represented by the Center for Reproductive Rights a network of reproductive health providers whose member was the second petitioner in this case and a collaborative partner of IPPF. The advocates were Martin Onyango, Head of Legal Strategies for Africa, and Prudence Mutiso, Legal Advisor for Africa. Nelly Munyasia, Executive Director of Reproductive Health Network Kenya (RHNK), , welcomed the court’s decision: “Many qualified reproductive healthcare practitioners continue to be arrested, detained, and prosecuted for providing legal medical care. The court’s decision confirms that prosecution against health providers cannot hold where the prosecution has not established that; the health professional in question was unqualified to conduct the procedure; the life or health of the woman was not in danger or the woman was not in need of emergency treatment,” Ms. Munyasia said. Evelyne Opondo, Senior Regional Director for Africa at Center for Reproductive Rights said: “Today’s victory is for all women, girls, and healthcare providers who have been treated as criminals for seeking and providing abortion care. The court has vindicated our position by affirming that forcing a woman to carry an unwanted pregnancy to term or to seek out an unsafe abortion is a gross violation of her rights to privacy and bodily autonomy. Further, the continued restrictive abortion laws inhibit quality improvement possible to protect women with unintended pregnancies.” Center fact sheet: “The Impact of the Misalignment Between Kenya’s Constitution and the Penal Code on Access to Reproductive Health Care”