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”

We are deeply concerned by relentless attempts to roll back the reproductive rights of women in Poland. This week Poland’s parliament is debating a new draft bill entitled “Stop Abortion.” If adopted, this legislation will further limit the already restricted grounds on which women can lawfully access abortion in Poland. It will place women’s health and lives at risk and violate Poland’s international human rights obligations.  We call on Members of Poland’s Parliament to listen to the voices of women across Poland and to reject this regressive legislative proposal and protect women’s health and human rights. Poland already has one of Europe’s most restrictive abortion laws. Abortion is only lawful to safeguard the life or health of women, in situations of severe fetal anomaly or where the pregnancy results from rape or another criminal act such as incest. Even in those situations in which abortion is legal, multiple barriers combine to limit women’s access in practice. The latest “Stop Abortion” proposal seeks to ban abortion in situations where there is a severe fetal anomaly. If the “Stop Abortion” bill is passed it will mean that abortion care will no longer be available to women in Poland when they receive a diagnosis of a severe or fatal fetal anomaly. Official statistics from 2016 show that in practice 96% of legal abortions in Poland are performed on these grounds.  Most women in Poland who decide to end a pregnancy resulting from rape or because their health is at risk are unable to access legal abortion care in Poland and must travel outside the country to do so. This bill would further hinder women, particularly those from low-income and rural communities, from accessing safe abortion care. Since 2011, Poland’s government has launched repeated attacks on women’s reproductive rights. In 2011, 2013, 2015 and 2016 draft legislative proposals were introduced that contained total or near total bans on abortion. Following massive public protests, such as the Black Protests in 2016, these draft bills were defeated.  Prohibiting women from accessing safe, legal abortion violates a number of human rights enshrined in international law, including the rights to life, health and health care, nondiscrimination and equality, privacy, and freedom from cruel, inhuman or degrading treatment. The European Court of Human Rights has previously ruled that the Polish government, in hindering timely access to abortion, has violated women’s rights under the European Convention on Human Rights. Numerous international human rights bodies, including the UN Human Rights Committee, the Committee on Economic, Social, and Cultural Rights, the Committee on the Elimination of all Forms of Discrimination against Women, and the Committee Against Torture, have called on governments to remove barriers to abortion services and ensure access to safe and legal abortion.     Signatories Abortion Rights Campaign, Ireland Abortion Rights Coalition of Canada, Canada Abortion Support Network, United Kingdom ACAI, Spain Agrupación de Madrid del Forum de Política Feminista, Spain Albanian Center for Population and Development, Albania A.L.E.G. Romania Alianza por la Solidaridad, Spain Alliance des Femmes pour la Démocratie, France Alliance for Choice in Northern Ireland, UK ALRANZ Abortion Rights Aotearoa, New Zealand Amnesty International AnA Society for Feminist Analyses, Romania ANCIC, France Asia Pacific Alliance for Sexual and Reproductive Health and Rights (APA) Asociación con la A, Spain Asociación Feminista, Spain Association Défense de la Démocracie en Pologne, France Association des anciennes députées de l ‘Assemblée Nationale française Association for Family Planning and Sexual Health, Latvia Association HERA-XXI, Georgia Association Histoire, Femmes et Sociétés- revue Clio, France Association Mnémosyne, France AIED - Associazione Italiana per l'Educazione demografica, Italy Asian-Pacific Resource and Resarch Centre for Women (ARROW), Malaysia ASTRA Network ASTRA Youth Network Atria - Institute for Gender Equality and Women's History, the Netherlands ATTAC France ‘’AUT’’ LGBTIQ+ student initiative, Croatia Avortament Lliure i Gratuït. Dret al Propi Cos, Spain Avortement en Europe, les Femmes décident, France Autonomous Women’s House Zagreb – Women Against Violence Against Women, Croatia B.a.B.e. (Be active, Be emancipated), Croatia UK All Party Parliamentary Group on Population, Development & Reproductive Health, UK Beyond Beijing Committee, Nepal Calala Fondo de Mujeres, Spain The Catalan Family Planning Association, Catalonia Catholics for Choice Center for Community Mediation and Security, Romania Center for Health, Ethics and Social Policy, USA Center for Promotion and Defense of Sexual and Reproductive Rights, Peru Center for Reproductive Rights Centre Women and Modern World, Azerbaijan Center for Women's Studies of the Faculty of Philosophy and Social Sciences, University of Zagreb, Croatia CEDES – Center for the Study of State and Society, Argentina Centro de Estudios e Investigación sobre Mujeres, Spain CGT France CHOICE for Youth and Sexuality, the Netherlands City University of New York Law School, Gender Justice Clinic, USA Clínica Dator, Spain Colectivo de Salud Feminista, Argentina Collectif 13 Droits des femmes, France Collectif des Féministes pour l'Egalité, France Collectif Féministes contre le cyberharcèlement, France Collectif Libertaire Anti-Sexiste Collectif National pour les Droits des Femmes, France Confédération Française Démocratique du Travail, France Conseil National des Femmes Françaises, France Culture, Egalité, France Dziewuchy Dziewuchom Berlin, Germany Diverse Voices and Action (DIVA) for Equality, Fiji Doctors for Choice UK DOK – Democracy is OK, Poland Drogheda Abortion Rights Campaign, Ireland El Colectivo Hetaira, Spain Encore Féministes! - Network, France Ensemble! - Political Movement, France Equidad de Género, Ciudadanía, Trabajo y Familia, México Equilibres & Populations (Equipop), France Estonian Sexual Health Association, Estonia European Association for the Defence of Human Rights European Civic Forum European Humanist Federation, France European NGOs for Sexual and Reproductive Health and Rights, Population and Development European Parliamentary Forum on Population and Development European Women's Lobby Family Planning and Sexual Health Association, Lithuania Family Planning Association of Moldova Fédération de Normandie du Planning Familial, France Federation for Women and Family Planning, Poland Fédération Laïque de Centres de Planning Familial, France Fédération Nationale Solidarité Femmes, France Fédération Nationale Sud Santé-Sociaux, France FEMEN International Féministes pour une autre Europe, France Femmes Contre les Intégrismes, France Femmes Libres Radio libertaire, France Femmes pour le Dire, Femmes pour Agir, France Femini Berlin Polska Berliński Kongres Kobiet Manifest Wolnej Polski (Congress of Women), Poland FILIA Centre, Romania FOKUS – Forum for Women and Development, Norway Fórum de Política Feminista, Spain Frente Ecuatoriano por la Defensa de los Derechos Sexuales y Reproductivos, Ecuador Freedom of Choice FRONT Association, Romania Fundación Arcoiris. Mexico Fundación ASPACIA, Spain Fundación Desafío de Ecuador, Ecuador Fundacja im. Kazimierza Łyszczyńskiego, Poland Gals4Gals Lodz, Poland Gender Alternatives Foundation, Bulgaria GERT – Gender Education, Research and Technology Foundation, Bulgaria Gender Scan, France Global Doctors for Choice Global Fund for Women, USA Great Lakes Initiatives for Human Rights and Development, Rwanda H.E.R.A. – Health Education and Research Association, Macedonia HowToUse Humanists UK Human Rights Watch ILGA - Europe International Campaign for Women’s Right to Safe Abortion International Commission of Jurists International Federation for Human Rights, France International Women’s Health Coalition, USA IPPF European Network IPPF Global Federation Irish Family Planning Association, Ireland Kazakhstan Feminist Initiative "Feminita" KOD - Independent Group Berlin, Germany Kollektief Antikonceptie, Belgium Komitet Obrony Demokracji - Niezależaa Grupa Berlin, Germany L'Assemblée des Femmes, France L'Egalité, c'est pas sorcier, France La Paille et le Mil, France Ladder for Rural Development, Malawi League for International Women’s Rights, France Legal Center for Women’s Initiatives “Sana Sezim”, Kazakhstan Lesbian Group Kontra, Croatia Les Effronté-es, France Libres Mariannes, France Lights4Rights, Belgium Ligue des Droits de l'Homme, France Lobby Europeo de Mujeres- LEM España, Spain London-Irish Abortion Rights Campaign Luna Abortuscentrum Antwerpen, Belgium Marche Mondiale des Femmes France Marche Mondiale des Femmes Belgique, Belgium Marche Mondiale des Femmes Midi-Pyrénées, France Médecins du Monde, France Medical Students for Choice Mediterranean Women’s Fund, France Mujer y Salud en Uruguay Novgorod Gender Centre, Russia Osez le Féminisme!, France PaRiter, Croatia PARI o DISPARE, Italy Planned Parenthood Federation of America Planning Familial 76, France Planning Familial National, France Plataforma CEDAW Sombra País Valenciano, Spain Polish Society of Antidiscrimination Law, Poland Population Matters, United Kingdom Pro familia Bundesverband, Germany Regards de Femmes, France Regina Women’s Network, Lithuania Reproductive Health Matters Reproductive Health Training Center, Moldova RESURJ Roda – Parents in Action, Croatia Romanian Women's Lobby, Romania Ruptures, France Rutgers, Netherlands Safe2choose SALUS Foundation, Ukraine Sarajevo Open Centre, Bosnia Sensoa, Belgium Sexual Health Switzerland Sexual and Reproductive Justice Coalition, South Africa Sexual Rights Initiative, Canada Society for Education on Contraception and Sexuality, Romania Society Without Violence, Armenia Solidarité France Grèce pour la Santé, France S.O.S. Sexisme, France Spanish Federation of Family Planning (FPFE), Spain Surkuna - Centro de Apoyo y Protección de los Derechos Humanos, Ecuador Sustainable Health Development Center – VietHealth, Vietnam Tendo’s World (Arts & Health), Uganda L'Union des Familles Laïques (Union of French Secular Families), France Union syndicale Solidaires, France Union Women Center, Georgia Urgent Action Fund for Women’s Human Rights, USA Väestöliitto – Family Federation of Finland Voice for Choice UK WISH Associates, South Africa Women Enabled International Women’s Front of Norway Women's Global Network for Reproductive Rights (WGNRR) Women Help Women, Poland Women on Waves Women on Web Women’s International League for Peace and Freedom, France Women's International League for Peace and Freedom, Italy Women's Link Worldwide Women’s Resource Center, Armenia Women’s Rights Center, Armenia Women’s Room – Center for Sexual Rights, Croatia YouAct - the European Youth Network on Sexual and Reproductive Rights Youth Coalition for Sexual and Reproductive Rights Young Women for Change, Nepal Youth Champions Advocacy Nepal (Youth CAN), Nepal 40 ans de movement, France

18 July, Durban: Gender Based Violence (GBV) must be recognised and addressed if we are to end HIV and AIDS urged the International Planned Parenthood Federation (IPPF) and the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) at a panel during the International AIDS Conference Monday. The impact of HIV among women and girls in all their diversity is significant and alarming. Women’s greater physical vulnerability to HIV is compounded by social norms, gender inequalities, poverty and violence. Women living with HIV are also more likely to face stigmatisation, infertility, and even abuse and abandonment, contributing to their disempowerment. In East and Southern Africa, the risk of HIV among women who have experienced violence maybe three times higher In Uganda and South Africa studies found women who experienced intimate partner violence were 50 per cent more likely to have HIV than women who had not experienced violence. In many countries in Africa, getting married is among the ‘riskiest’ behaviour for women, where they may be exposed to unprotected sex with a husband who has multiple sexual partners, and to underlying power dynamics between men and women that prevent women from accessing condoms and then insisting on their use. Julia Omondi, a 24 year old advocate from Family Health Options Kenya (FHOK) highlighted the most common root causes of gender based violence and HIV, ‘I work with a group of 50 young girls like myself, called the 3E advocates to prevent girls from child marriage; support girls who are living with HIV to understand their rights, make parents and communities aware of the laws that protect girls from child marriage. We need to raise our voices to stop child marriage and turn the tide against HIV’. “Empowerment + Engagement = Equality” is a joint project supported by UN Women and IPPF implemented in Kenya, Malawi and Uganda to address HIV vulnerability among adolescent girls and young women by engaging and empowering them. Traditional leaders like the senior chief Theresa Kachindamoto from Malawi spoke of her role to change harmful gender related practices, she said, ‘Chiefs as custodians of culture should be  at the forefront to end cultural practices that negatively affect people’s health like sexual cleansing (Fisi), chief blanket. My village is now a model for others and my fellow chiefs come to learn about the change I have brought to Dedtza district in Malawi.’      Nazneen Damji, Policy Advisor- gender equality, health and HIV/AIDS at UN Women, highlighted the recognition by global leaders on the importance of addressing GBV and HIV. “Violence, and the fear of violence, can play a major role in women’s reluctance to know her HIV status and seek care.  Fortunately, the Political Declaration on HIV/AIDS adopted in June at the UN General Assembly and the Resolution on women, the girl child and HIV adopted at the 60th Session of the Commission on the Status of Women both call on governments to intensify efforts to end all forms of violence against women and girls, including harmful practices that contribute to the spread of HIV amongst women and girls” ‘Civil society organisations like IPPF play an important part in holding governments accountable.  We shouldn’t underestimate our role as advocates to inform national, regional and global policies. If we are to address the dual epidemics of GBV and HIV we need to have progressive polices where perpetrators can be brought to justice and laws and policies uphold gender equality’  said  Zelda Nhlabatsi, the executive director of Family Life Association of Swaziland (FLAS). The session was sponsored  by IPPF Africa Region, UN Women and the Ford Foundation.