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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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A woman receives healthcare services from AFGA.
media center

| 12 March 2025

Japan Funds New $400,000 Project to Support Maternal and Reproductive Health in Afghanistan

12th of March, 2025 – A new project titled “Meeting the Urgent Needs of Marginalised Populations in Crisis-Affected Provinces through Provision of Quality Reproductive and Maternal Child Health Services” has been launched. Funded by the Government of Japan and implemented by the Afghan Family Guidance Association (AFGA), an IPPF Member Association, the project aims to improve access to essential reproductive and maternal health services for vulnerable populations in Afghanistan's crisis-affected provinces.  With ongoing challenges from natural disasters, internal displacement, and a fragile healthcare system, comprehensive reproductive and maternal health services in Afghanistan are urgently needed. The project will focus on Logar and Parwan provinces, where communities continue to face significant barriers to accessing vital maternal, newborn, and reproductive healthcare.  This initiative will provide high-quality, clinic-based services, including safe delivery care, prenatal and postnatal services, and psychosocial support services (PSS). In addition to clinical care, the project will focus on community outreach and capacity-building programs, empowering individuals with the knowledge and resources needed to make informed decisions about their reproductive health.  Key activities and expected outcomes include:  Strengthening 21 health centres in Logar and Parwan provinces to provide essential reproductive and maternal care services. This will benefit over 40,000 people, with an estimated 120,000 health services delivered to the local population.    Comprehensive reproductive and maternal health services including prenatal and postnatal care for over 2,500 pregnant women, ensuring healthy pregnancies and deliveries. Safe deliveries will take place at Family Health Houses, ensuring the health and safety of mothers and babies.    Breast and cervical cancer screening and referrals for over 30,000 women.    Psychosocial support through counselling and mental health services.    Community outreach and education to raise awareness on reproductive health and rights and family planning.   Training local healthcare providers to improve their skills in reproductive healthcare, maternal care, and other essential services - enhancing the overall quality of care provided.  H.E. Mr. KUROMIYA Takayoshi, the Ambassador of Japan to Afghanistan, commented, “In Afghanistan, communities affected by crises need urgent access to essential maternal and reproductive health services. This project reflects Japan’s continued dedication to supporting those most severely affected to ensure leaving no one behind.”  Dr. Abdul Qayum Azeemi of AFGA, said, “The health of women and children in Afghanistan has always been at the heart of our work. This project will not only provide life-saving maternal and reproductive health services, but it will also help strengthen the healthcare infrastructure in the regions most affected by crises. Together with Japan’s support, we can ensure that those facing the greatest challenges have access to the care they need for a healthier future.”  Valerie Dourdin, IPPF Global Humanitarian Director, added, “For years, women and girls in Afghanistan have faced significant barriers to accessing essential health services. Now, more than ever, it is critical that we increase our support. This project will provide life-saving care, offering these communities the health services they so urgently need.”  --- About AFGA  The Afghan Family Guidance Association (AFGA) is an NGO that advocates for reproductive health and rights and provides quality maternal and reproductive health services across Afghanistan. AFGA is committed to empowering individuals to make informed decisions regarding their health, particularly in underserved and vulnerable communities.    About IPPF  The International Planned Parenthood Federation (IPPF) is a global healthcare provider and a leading advocate for reproductive health and rights. Established in 1952, in India, IPPF operates in over 146 countries through its network of autonomous member associations.   

A woman receives healthcare services from AFGA.
media_center

| 12 March 2025

Japan Funds New $400,000 Project to Support Maternal and Reproductive Health in Afghanistan

12th of March, 2025 – A new project titled “Meeting the Urgent Needs of Marginalised Populations in Crisis-Affected Provinces through Provision of Quality Reproductive and Maternal Child Health Services” has been launched. Funded by the Government of Japan and implemented by the Afghan Family Guidance Association (AFGA), an IPPF Member Association, the project aims to improve access to essential reproductive and maternal health services for vulnerable populations in Afghanistan's crisis-affected provinces.  With ongoing challenges from natural disasters, internal displacement, and a fragile healthcare system, comprehensive reproductive and maternal health services in Afghanistan are urgently needed. The project will focus on Logar and Parwan provinces, where communities continue to face significant barriers to accessing vital maternal, newborn, and reproductive healthcare.  This initiative will provide high-quality, clinic-based services, including safe delivery care, prenatal and postnatal services, and psychosocial support services (PSS). In addition to clinical care, the project will focus on community outreach and capacity-building programs, empowering individuals with the knowledge and resources needed to make informed decisions about their reproductive health.  Key activities and expected outcomes include:  Strengthening 21 health centres in Logar and Parwan provinces to provide essential reproductive and maternal care services. This will benefit over 40,000 people, with an estimated 120,000 health services delivered to the local population.    Comprehensive reproductive and maternal health services including prenatal and postnatal care for over 2,500 pregnant women, ensuring healthy pregnancies and deliveries. Safe deliveries will take place at Family Health Houses, ensuring the health and safety of mothers and babies.    Breast and cervical cancer screening and referrals for over 30,000 women.    Psychosocial support through counselling and mental health services.    Community outreach and education to raise awareness on reproductive health and rights and family planning.   Training local healthcare providers to improve their skills in reproductive healthcare, maternal care, and other essential services - enhancing the overall quality of care provided.  H.E. Mr. KUROMIYA Takayoshi, the Ambassador of Japan to Afghanistan, commented, “In Afghanistan, communities affected by crises need urgent access to essential maternal and reproductive health services. This project reflects Japan’s continued dedication to supporting those most severely affected to ensure leaving no one behind.”  Dr. Abdul Qayum Azeemi of AFGA, said, “The health of women and children in Afghanistan has always been at the heart of our work. This project will not only provide life-saving maternal and reproductive health services, but it will also help strengthen the healthcare infrastructure in the regions most affected by crises. Together with Japan’s support, we can ensure that those facing the greatest challenges have access to the care they need for a healthier future.”  Valerie Dourdin, IPPF Global Humanitarian Director, added, “For years, women and girls in Afghanistan have faced significant barriers to accessing essential health services. Now, more than ever, it is critical that we increase our support. This project will provide life-saving care, offering these communities the health services they so urgently need.”  --- About AFGA  The Afghan Family Guidance Association (AFGA) is an NGO that advocates for reproductive health and rights and provides quality maternal and reproductive health services across Afghanistan. AFGA is committed to empowering individuals to make informed decisions regarding their health, particularly in underserved and vulnerable communities.    About IPPF  The International Planned Parenthood Federation (IPPF) is a global healthcare provider and a leading advocate for reproductive health and rights. Established in 1952, in India, IPPF operates in over 146 countries through its network of autonomous member associations.   

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”

A woman receives healthcare services from AFGA.
media center

| 12 March 2025

Japan Funds New $400,000 Project to Support Maternal and Reproductive Health in Afghanistan

12th of March, 2025 – A new project titled “Meeting the Urgent Needs of Marginalised Populations in Crisis-Affected Provinces through Provision of Quality Reproductive and Maternal Child Health Services” has been launched. Funded by the Government of Japan and implemented by the Afghan Family Guidance Association (AFGA), an IPPF Member Association, the project aims to improve access to essential reproductive and maternal health services for vulnerable populations in Afghanistan's crisis-affected provinces.  With ongoing challenges from natural disasters, internal displacement, and a fragile healthcare system, comprehensive reproductive and maternal health services in Afghanistan are urgently needed. The project will focus on Logar and Parwan provinces, where communities continue to face significant barriers to accessing vital maternal, newborn, and reproductive healthcare.  This initiative will provide high-quality, clinic-based services, including safe delivery care, prenatal and postnatal services, and psychosocial support services (PSS). In addition to clinical care, the project will focus on community outreach and capacity-building programs, empowering individuals with the knowledge and resources needed to make informed decisions about their reproductive health.  Key activities and expected outcomes include:  Strengthening 21 health centres in Logar and Parwan provinces to provide essential reproductive and maternal care services. This will benefit over 40,000 people, with an estimated 120,000 health services delivered to the local population.    Comprehensive reproductive and maternal health services including prenatal and postnatal care for over 2,500 pregnant women, ensuring healthy pregnancies and deliveries. Safe deliveries will take place at Family Health Houses, ensuring the health and safety of mothers and babies.    Breast and cervical cancer screening and referrals for over 30,000 women.    Psychosocial support through counselling and mental health services.    Community outreach and education to raise awareness on reproductive health and rights and family planning.   Training local healthcare providers to improve their skills in reproductive healthcare, maternal care, and other essential services - enhancing the overall quality of care provided.  H.E. Mr. KUROMIYA Takayoshi, the Ambassador of Japan to Afghanistan, commented, “In Afghanistan, communities affected by crises need urgent access to essential maternal and reproductive health services. This project reflects Japan’s continued dedication to supporting those most severely affected to ensure leaving no one behind.”  Dr. Abdul Qayum Azeemi of AFGA, said, “The health of women and children in Afghanistan has always been at the heart of our work. This project will not only provide life-saving maternal and reproductive health services, but it will also help strengthen the healthcare infrastructure in the regions most affected by crises. Together with Japan’s support, we can ensure that those facing the greatest challenges have access to the care they need for a healthier future.”  Valerie Dourdin, IPPF Global Humanitarian Director, added, “For years, women and girls in Afghanistan have faced significant barriers to accessing essential health services. Now, more than ever, it is critical that we increase our support. This project will provide life-saving care, offering these communities the health services they so urgently need.”  --- About AFGA  The Afghan Family Guidance Association (AFGA) is an NGO that advocates for reproductive health and rights and provides quality maternal and reproductive health services across Afghanistan. AFGA is committed to empowering individuals to make informed decisions regarding their health, particularly in underserved and vulnerable communities.    About IPPF  The International Planned Parenthood Federation (IPPF) is a global healthcare provider and a leading advocate for reproductive health and rights. Established in 1952, in India, IPPF operates in over 146 countries through its network of autonomous member associations.   

A woman receives healthcare services from AFGA.
media_center

| 12 March 2025

Japan Funds New $400,000 Project to Support Maternal and Reproductive Health in Afghanistan

12th of March, 2025 – A new project titled “Meeting the Urgent Needs of Marginalised Populations in Crisis-Affected Provinces through Provision of Quality Reproductive and Maternal Child Health Services” has been launched. Funded by the Government of Japan and implemented by the Afghan Family Guidance Association (AFGA), an IPPF Member Association, the project aims to improve access to essential reproductive and maternal health services for vulnerable populations in Afghanistan's crisis-affected provinces.  With ongoing challenges from natural disasters, internal displacement, and a fragile healthcare system, comprehensive reproductive and maternal health services in Afghanistan are urgently needed. The project will focus on Logar and Parwan provinces, where communities continue to face significant barriers to accessing vital maternal, newborn, and reproductive healthcare.  This initiative will provide high-quality, clinic-based services, including safe delivery care, prenatal and postnatal services, and psychosocial support services (PSS). In addition to clinical care, the project will focus on community outreach and capacity-building programs, empowering individuals with the knowledge and resources needed to make informed decisions about their reproductive health.  Key activities and expected outcomes include:  Strengthening 21 health centres in Logar and Parwan provinces to provide essential reproductive and maternal care services. This will benefit over 40,000 people, with an estimated 120,000 health services delivered to the local population.    Comprehensive reproductive and maternal health services including prenatal and postnatal care for over 2,500 pregnant women, ensuring healthy pregnancies and deliveries. Safe deliveries will take place at Family Health Houses, ensuring the health and safety of mothers and babies.    Breast and cervical cancer screening and referrals for over 30,000 women.    Psychosocial support through counselling and mental health services.    Community outreach and education to raise awareness on reproductive health and rights and family planning.   Training local healthcare providers to improve their skills in reproductive healthcare, maternal care, and other essential services - enhancing the overall quality of care provided.  H.E. Mr. KUROMIYA Takayoshi, the Ambassador of Japan to Afghanistan, commented, “In Afghanistan, communities affected by crises need urgent access to essential maternal and reproductive health services. This project reflects Japan’s continued dedication to supporting those most severely affected to ensure leaving no one behind.”  Dr. Abdul Qayum Azeemi of AFGA, said, “The health of women and children in Afghanistan has always been at the heart of our work. This project will not only provide life-saving maternal and reproductive health services, but it will also help strengthen the healthcare infrastructure in the regions most affected by crises. Together with Japan’s support, we can ensure that those facing the greatest challenges have access to the care they need for a healthier future.”  Valerie Dourdin, IPPF Global Humanitarian Director, added, “For years, women and girls in Afghanistan have faced significant barriers to accessing essential health services. Now, more than ever, it is critical that we increase our support. This project will provide life-saving care, offering these communities the health services they so urgently need.”  --- About AFGA  The Afghan Family Guidance Association (AFGA) is an NGO that advocates for reproductive health and rights and provides quality maternal and reproductive health services across Afghanistan. AFGA is committed to empowering individuals to make informed decisions regarding their health, particularly in underserved and vulnerable communities.    About IPPF  The International Planned Parenthood Federation (IPPF) is a global healthcare provider and a leading advocate for reproductive health and rights. Established in 1952, in India, IPPF operates in over 146 countries through its network of autonomous member associations.   

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”