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Camilo Jimenez

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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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turkiyeearthquake
media center

| 13 June 2023

Unmet need for contraceptives quadruples in parts of earthquake-affected Türkiye

The unmet need for contraceptives is estimated to have soared to nearly 50% in some parts of Turkiye, including Hatay province, following the earthquakes on 6 February 2023. This is a worrying trend, as the unmet need had already been on the rise from 6% in 2013 to 12% in 2018 in Turkiye.  The Association of Public Health Specialists (HASUDER), IPPF’s local partner in Türkiye, is the only provider of contraception in some camps for internally-displaced persons (IDPs) following the devastating 7.8 and 7.6 earthquakes that killed more than 50,000 people in Turkey and displaced millions. Professor Bülent Kılıç, head of HASUDER, said that while government services are mandated to deliver contraceptive supplies to health clinics inside IDP camps, services have generally focused on pregnancy and birth services. He said: ”Physicians who provide contraceptive methods, including inserting intrauterine devices (IUDs) are rare or fully absent. There is no awareness about this service gap.” Kılıç also describes serious hygiene problems for women in the camps, where basic needs such as clean toilets and bathrooms are not being met. Kılıç continued: “We have seen that contraceptive services are only provided in gynaecology clinics in hospitals, and even then it is offered very little and only if requested. This issue is related to the government's perspective on women and women's rights.” HASUDER’s reproductive health unit, which was established with support from IPPF and Hatay Municipality in Lions and Mersin Municipality Tent City in Hatay, has been providing sexual and reproductive health services to 3,000 people since March 2023. These services include maternal and neonatal care, contraceptive care, safe abortion care, and counselling for sexual and gender-based violence. HASUDER is providing contraceptive methods including intrauterine devices, oral contraceptives and condoms, but reports that underwear, sanitary pads, birth control pills, emergency contraception pills and condoms are still among the most needed items for women. HASUDER has also reported a rise in unplanned pregnancies due to the dearth of contraceptives available. Violence against women and girls - already a serious issue in Turkey - is exacerbated in every humanitarian emergency, and persists in the IDP camps. IPPF estimates that 3.9 million women of reproductive age, over 175,000 pregnant women, and more than 1.2 million adolescent girls (aged 10-19) were affected by the earthquakes in Türkiye. We anticipate more than 8,700 currently pregnant women will experience delivery complications. For media enquiries, please contact [email protected] or Nerida Williams, Senior Humanitarian Communications Advisor, [email protected]  About the International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global service provider and advocate of sexual and reproductive health and rights for all.  For 70 years, IPPF, through its 118 Member Associations and seven partners, has delivered high-quality sexual and reproductive healthcare and helped advance sexual rights, especially for people with intersectional and diverse needs that are currently unmet. Our Member Associations and partners are independent organisations that are locally owned, which means the support and care they provide is informed by local expertise and context. We advocate for a world where people have the information they need to make informed decisions about their sexual health and bodies. We stand up and fight for sexual and reproductive rights and against those who seek to deny people their human right to bodily autonomy and freedom. We deliver care that is rooted in rights, respect, and dignity - no matter what.  

turkiyeearthquake
media_center

| 13 June 2023

Unmet need for contraceptives quadruples in parts of earthquake-affected Türkiye

The unmet need for contraceptives is estimated to have soared to nearly 50% in some parts of Turkiye, including Hatay province, following the earthquakes on 6 February 2023. This is a worrying trend, as the unmet need had already been on the rise from 6% in 2013 to 12% in 2018 in Turkiye.  The Association of Public Health Specialists (HASUDER), IPPF’s local partner in Türkiye, is the only provider of contraception in some camps for internally-displaced persons (IDPs) following the devastating 7.8 and 7.6 earthquakes that killed more than 50,000 people in Turkey and displaced millions. Professor Bülent Kılıç, head of HASUDER, said that while government services are mandated to deliver contraceptive supplies to health clinics inside IDP camps, services have generally focused on pregnancy and birth services. He said: ”Physicians who provide contraceptive methods, including inserting intrauterine devices (IUDs) are rare or fully absent. There is no awareness about this service gap.” Kılıç also describes serious hygiene problems for women in the camps, where basic needs such as clean toilets and bathrooms are not being met. Kılıç continued: “We have seen that contraceptive services are only provided in gynaecology clinics in hospitals, and even then it is offered very little and only if requested. This issue is related to the government's perspective on women and women's rights.” HASUDER’s reproductive health unit, which was established with support from IPPF and Hatay Municipality in Lions and Mersin Municipality Tent City in Hatay, has been providing sexual and reproductive health services to 3,000 people since March 2023. These services include maternal and neonatal care, contraceptive care, safe abortion care, and counselling for sexual and gender-based violence. HASUDER is providing contraceptive methods including intrauterine devices, oral contraceptives and condoms, but reports that underwear, sanitary pads, birth control pills, emergency contraception pills and condoms are still among the most needed items for women. HASUDER has also reported a rise in unplanned pregnancies due to the dearth of contraceptives available. Violence against women and girls - already a serious issue in Turkey - is exacerbated in every humanitarian emergency, and persists in the IDP camps. IPPF estimates that 3.9 million women of reproductive age, over 175,000 pregnant women, and more than 1.2 million adolescent girls (aged 10-19) were affected by the earthquakes in Türkiye. We anticipate more than 8,700 currently pregnant women will experience delivery complications. For media enquiries, please contact [email protected] or Nerida Williams, Senior Humanitarian Communications Advisor, [email protected]  About the International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global service provider and advocate of sexual and reproductive health and rights for all.  For 70 years, IPPF, through its 118 Member Associations and seven partners, has delivered high-quality sexual and reproductive healthcare and helped advance sexual rights, especially for people with intersectional and diverse needs that are currently unmet. Our Member Associations and partners are independent organisations that are locally owned, which means the support and care they provide is informed by local expertise and context. We advocate for a world where people have the information they need to make informed decisions about their sexual health and bodies. We stand up and fight for sexual and reproductive rights and against those who seek to deny people their human right to bodily autonomy and freedom. We deliver care that is rooted in rights, respect, and dignity - no matter what.  

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”

turkiyeearthquake
media center

| 13 June 2023

Unmet need for contraceptives quadruples in parts of earthquake-affected Türkiye

The unmet need for contraceptives is estimated to have soared to nearly 50% in some parts of Turkiye, including Hatay province, following the earthquakes on 6 February 2023. This is a worrying trend, as the unmet need had already been on the rise from 6% in 2013 to 12% in 2018 in Turkiye.  The Association of Public Health Specialists (HASUDER), IPPF’s local partner in Türkiye, is the only provider of contraception in some camps for internally-displaced persons (IDPs) following the devastating 7.8 and 7.6 earthquakes that killed more than 50,000 people in Turkey and displaced millions. Professor Bülent Kılıç, head of HASUDER, said that while government services are mandated to deliver contraceptive supplies to health clinics inside IDP camps, services have generally focused on pregnancy and birth services. He said: ”Physicians who provide contraceptive methods, including inserting intrauterine devices (IUDs) are rare or fully absent. There is no awareness about this service gap.” Kılıç also describes serious hygiene problems for women in the camps, where basic needs such as clean toilets and bathrooms are not being met. Kılıç continued: “We have seen that contraceptive services are only provided in gynaecology clinics in hospitals, and even then it is offered very little and only if requested. This issue is related to the government's perspective on women and women's rights.” HASUDER’s reproductive health unit, which was established with support from IPPF and Hatay Municipality in Lions and Mersin Municipality Tent City in Hatay, has been providing sexual and reproductive health services to 3,000 people since March 2023. These services include maternal and neonatal care, contraceptive care, safe abortion care, and counselling for sexual and gender-based violence. HASUDER is providing contraceptive methods including intrauterine devices, oral contraceptives and condoms, but reports that underwear, sanitary pads, birth control pills, emergency contraception pills and condoms are still among the most needed items for women. HASUDER has also reported a rise in unplanned pregnancies due to the dearth of contraceptives available. Violence against women and girls - already a serious issue in Turkey - is exacerbated in every humanitarian emergency, and persists in the IDP camps. IPPF estimates that 3.9 million women of reproductive age, over 175,000 pregnant women, and more than 1.2 million adolescent girls (aged 10-19) were affected by the earthquakes in Türkiye. We anticipate more than 8,700 currently pregnant women will experience delivery complications. For media enquiries, please contact [email protected] or Nerida Williams, Senior Humanitarian Communications Advisor, [email protected]  About the International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global service provider and advocate of sexual and reproductive health and rights for all.  For 70 years, IPPF, through its 118 Member Associations and seven partners, has delivered high-quality sexual and reproductive healthcare and helped advance sexual rights, especially for people with intersectional and diverse needs that are currently unmet. Our Member Associations and partners are independent organisations that are locally owned, which means the support and care they provide is informed by local expertise and context. We advocate for a world where people have the information they need to make informed decisions about their sexual health and bodies. We stand up and fight for sexual and reproductive rights and against those who seek to deny people their human right to bodily autonomy and freedom. We deliver care that is rooted in rights, respect, and dignity - no matter what.  

turkiyeearthquake
media_center

| 13 June 2023

Unmet need for contraceptives quadruples in parts of earthquake-affected Türkiye

The unmet need for contraceptives is estimated to have soared to nearly 50% in some parts of Turkiye, including Hatay province, following the earthquakes on 6 February 2023. This is a worrying trend, as the unmet need had already been on the rise from 6% in 2013 to 12% in 2018 in Turkiye.  The Association of Public Health Specialists (HASUDER), IPPF’s local partner in Türkiye, is the only provider of contraception in some camps for internally-displaced persons (IDPs) following the devastating 7.8 and 7.6 earthquakes that killed more than 50,000 people in Turkey and displaced millions. Professor Bülent Kılıç, head of HASUDER, said that while government services are mandated to deliver contraceptive supplies to health clinics inside IDP camps, services have generally focused on pregnancy and birth services. He said: ”Physicians who provide contraceptive methods, including inserting intrauterine devices (IUDs) are rare or fully absent. There is no awareness about this service gap.” Kılıç also describes serious hygiene problems for women in the camps, where basic needs such as clean toilets and bathrooms are not being met. Kılıç continued: “We have seen that contraceptive services are only provided in gynaecology clinics in hospitals, and even then it is offered very little and only if requested. This issue is related to the government's perspective on women and women's rights.” HASUDER’s reproductive health unit, which was established with support from IPPF and Hatay Municipality in Lions and Mersin Municipality Tent City in Hatay, has been providing sexual and reproductive health services to 3,000 people since March 2023. These services include maternal and neonatal care, contraceptive care, safe abortion care, and counselling for sexual and gender-based violence. HASUDER is providing contraceptive methods including intrauterine devices, oral contraceptives and condoms, but reports that underwear, sanitary pads, birth control pills, emergency contraception pills and condoms are still among the most needed items for women. HASUDER has also reported a rise in unplanned pregnancies due to the dearth of contraceptives available. Violence against women and girls - already a serious issue in Turkey - is exacerbated in every humanitarian emergency, and persists in the IDP camps. IPPF estimates that 3.9 million women of reproductive age, over 175,000 pregnant women, and more than 1.2 million adolescent girls (aged 10-19) were affected by the earthquakes in Türkiye. We anticipate more than 8,700 currently pregnant women will experience delivery complications. For media enquiries, please contact [email protected] or Nerida Williams, Senior Humanitarian Communications Advisor, [email protected]  About the International Planned Parenthood Federation The International Planned Parenthood Federation (IPPF) is a global service provider and advocate of sexual and reproductive health and rights for all.  For 70 years, IPPF, through its 118 Member Associations and seven partners, has delivered high-quality sexual and reproductive healthcare and helped advance sexual rights, especially for people with intersectional and diverse needs that are currently unmet. Our Member Associations and partners are independent organisations that are locally owned, which means the support and care they provide is informed by local expertise and context. We advocate for a world where people have the information they need to make informed decisions about their sexual health and bodies. We stand up and fight for sexual and reproductive rights and against those who seek to deny people their human right to bodily autonomy and freedom. We deliver care that is rooted in rights, respect, and dignity - no matter what.  

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”