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Profamilia – an IPPF Member Association and the leading sexual and reproductive rights organization in Colombia – is celebrating the first anniversary of the decriminalization of abortion across the country. The move - Ruling C-055 - which allows abortion up to 24 weeks of gestation under any circumstance is saving lives across Colombia, and means those who have an abortion no longer face prosecution or criminalization. A historic step for the rights of women and pregnant people both in the country and across Latin America. Over the last year, Profamilia via its nationwide network of more than 50 clinics has helped guarantee sexual and reproductive health and rights, focusing on providing safe abortion care services in person as well as the provision of telemedicine for rural women.   For a country which sees 132,000 cases annually of complications from unsafe abortions and 70 women lose their lives each year – the shift in focus to abortion as a public health issue means healthcare providers can now focus on providing life-saving care and ending unsafe abortion. Alongside the ruling, the Ministry of Health, has also regulated abortion services throughout Colombia via Resolution 051, reiterating that abortion is an essential and urgent health service, which women, including migrant women, and pregnant people (transgender men, trans masculinities, non-binary people, among others) must be able to access without restriction and for free. Further rulings also embeds the provision of sexual and reproductive health information into Colombian health services. Marta Royo, the Executive Director of ProFamilia, said: "Profamilia's commitment will always be to provide comprehensive, humanized and safe services that allow free and informed decision making, and we reiterate this today” "After one year it is possible to see the progress the country has made in terms of reproductive autonomy and rights for women and pregnant people. However, we must move from text to action, and ensure that decriminalization means healthcare. Profamilia's commitment will always be to provide comprehensive, humanized and safe services that allow free and informed decision making." Eugenia López Uribe, Regional Director of IPPF for the Americas and The Caribbean.

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”

Today, the Colombian Constitutional Court decriminalized abortion up to 24 weeks in another victory for the Green Wave sweeping through Latin America. The historic decision follows years of campaigning by women's right's activists across Colombia and came off the back of two lawsuits that asked the court to declare article 122 of the penal code, that "the woman who causes her abortion or allows another to cause it, will incur a prison sentence from sixteen (16) to fifty-four (54) months" as unconstitutional. The court called an extraordinary meeting today, Monday 21st February, and took just a few hours to come to its decision which will go into effect immediately. ProFamilia, the International Planned Federation's Member Association in Colombia, and Colombia's largest provider of legal abortion care were heavily involved in pushing to extend the rights of those needing to access abortion care. Marta Royo, Executive Director for Profamilia, IPPF's Member Association in Colombia, said: "Today is a ground-breaking moment for the people of Colombia and a long-overdue guarantee of reproductive rights and dignity for all those who need abortion care, especially poor and rural women who bear the brunt of restrictive abortion policies. "The decriminalization of abortion up to 24 weeks in Colombia and the Green Wave movement across Latin America is centred not just on public health, but also the full lives, citizenship and human rights of girls, adolescents, and women – who, for multiple reasons, including inequity, access to education, gender-based violence and barriers to healthcare – continue to face unintended pregnancies. "The freedom for women to finally make their own choices about their pregnancies and their bodies is fundamental to disrupting the cycle of poverty that so many in Colombia face. This monumental decision is also a win for the dedicated health care providers, who will finally be recognized as people who simply care about the needs of others."  While Colombian women have supposedly been able to access abortion care since 2006 under three circumstances: if their life or health is at risk, in cases of fatal foetal abnormalities, or if the pregnancy is the by-product of rape or incest, in reality,  the criminalization of abortion persisted. The Guttmacher Institute found that less than one per cent of the estimated 400,000 abortions carried out each year in Colombia are performed legally, with women, especially poor, rural, vulnerable and marginalized women, facing significant barriers to accessing safe and timely abortion care. Many Colombian women are instead forced to carry their pregnancies to term or else seek other methods to end them. Figures collected by ProFamilia showed that during 2020, there were at least 26,223 unsafe abortions across Colombia, a startling amount for which consequences range from infection to life-changing injuries to death. As per the previous abortion law, other women have been imprisoned for up to four and a half years for having an abortion, even in cases where abortion should have been legal. In a shocking example of discrimination, data collected showed that poor rural women were more likely to be charged, with a third of those who faced charges also survivors of sexual violence. Eugenia Lopez Uribe, IPPF's Regional Director for Americas and the Caribbean Region, said: "Today Colombia took another step in the right direction for gender equality and full human rights for all, and we are incredibly proud of IPPF's Member Association, ProFamilia, for their tireless work alongside thousands of activists across Colombia and Latin America "This 24-week decriminalization is historic in the region and especially remarkable when we consider the current fragility of abortion rights globally and the anti-choice movements which continue to plague nations across the world, including in countries close to home like the United States of America. "While today we are celebrating this historic decision, the Green Wave is strong and growing, and the fight for reproductive rights and justice will not end until every person can access high-quality sexual and reproductive healthcare when and where they need it." For media enquiries in English, please contact Karmen Ivey on [email protected] or [email protected]  For media enquiries in Spanish or during UK night-time hours, please contact Pamela Martin Garcia on [email protected]