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25 July 2024 – The International Planned Parenthood Federation (IPPF) laments the missed opportunity by the European Court of Human Rights (ECHR) to ensure that the human rights of sex workers are respected, protected and fulfilled by all European Member States, in accordance with the European Convention of Human Rights.  The ruling comes after 261 sex workers, many of them migrants and/or gender minorities, filed a complaint to the ECHR in December 2019 to challenge the French Prostitution Law 2016, upheld by the French Constitutional Court earlier in 2019, which criminalizes the clients of sex workers and led to human rights violations of the sex workers.   IPPF and its Member Association in France, Le Planning Familial, were among the numerous communities, health, human rights and feminist organizations that supported the sex workers’ application to the ECHR, noting the extreme deterioration in the living and working conditions of sex workers since the criminalization of clients came into force.  We are disappointed that the ECHR has chosen to neglect its duty to ensure the protection of human rights of all people, without discrimination. In doing so, the leading human rights norms and standards on sex workers rights remain in the recommendations of the major UN agencies including the World Health Organization, UNAIDS and the UNDP, as well as by major international human rights organizations such as Amnesty International, the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA) World, Human Rights Watch, and Transgender Europe, as well as IPPF.  The court’s decision was an opportunity for the European region to establish a precedent in human rights jurisprudence that reaffirms what sex workers themselves have demanded for decades: that sex workers are entitled to the respect, protection and fulfillment of their human rights, free from discrimination, including the right to privacy and autonomy, the right to be free from violence and discrimination, and the rights to physical integrity and life.  Micah Grzywnowicz, Regional Director of the IPPF European Network, said:  “Rather than seizing a critical opportunity to protect human rights, we are disappointed that the European Court of Human Rights has instead deferred the issue to legislatures, despite recognition that the Swedish Model infringes on sex workers rights. Rather than ensuring the human rights of sex workers in Europe are guaranteed by States, their human rights are now dependent on their geographic location and the country in which they live.  Strong evidence demonstrates that criminalization laws have negative consequences for sex workers and their families, and lead to violations of their human rights. We are disappointed that the voices, human rights, and autonomy of sex workers have been deferred by a Court established exactly for the purpose of guaranteeing the human rights of all people, without discrimination.”  In 2022, IPPF adopted a Sex Work Policy which focuses on evidence-based policies which best respect, protect and fulfill the human rights of sex workers. Informed by the lived experiences of sex workers globally, our policy strongly supports decriminalization, together with social policies that address structural inequalities that manifest in all areas of society including sex work. Notably, the policy notes that “widespread criminalization, stigma and discrimination not only violate their human rights to live free from violence and discrimination, the right to health, and sexual and reproductive rights, but also limit sex workers’ capacity to self-organize, access funding for service provision and advocacy, and meaningfully engage with civil society organizations (including unions) and policymakers.”   It is essential that we stand with sex workers to support their continued advocacy to be free from discrimination and exercise their human rights. IPPF stands in solidarity with all sex workers around the world and calls on all governments to take immediate steps to guarantee sex workers’ human rights.  For media inquiries please contact [email protected]  About the International Planned Parenthood Federation  The International Planned Parenthood Federation (IPPF) is a global healthcare provider and a leading advocate of sexual and reproductive health and rights (SRHR) for all. We are a movement of 150 Member Associations and Collaborative Partners with a presence in over 146 countries.  Building on a proud history of 70 years of achievement, we commit to lead a locally owned, globally connected civil society movement that provides and enables services and champions sexual and reproductive health and rights for all, especially the under-served.  We advocate for a world where people are provided with 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. 

Today, on International Women’s Day, France has made it clear to the world that they stand shoulder to shoulder with women and girls in support of their non-negotiable freedoms by committing to enshrining abortion as a fundamental human right within the French constitution. We applaud President Macron for this decision.  We want to thank our Member Association, Mouvement Français pour le Planning Familial and the feminist movement for never giving up the fight for women and people who want to end their pregnancy on their own terms with dignity, care and respect.  This momentous decision comes at a time when safe abortion care is under attack at an unprecedented level in the global north. We hope this decision inspires other nations to do more to protect the privacy, dignity and human rights of women and girls from political extremists who seek to force women and girls into giving birth.  We need more courage and action from the national leaders to protect and support women and girls. If you are a politician who believes in human rights; act now without fear. If you are someone who can vote or organize; demand more of your government, take to the streets, let them hear your voice, take your pen to the ballot if they do not listen.  IPPF will continue to work with activists, feminist movements, politicians and communities to protect and advance abortion care without apology and without fear. Today and every day we stand with women and girls, everywhere.    

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”