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The below is a joint press release between Amnesty International, the International Planned Parenthood Federation, MSI Reproductive Choices, the International Federation of Gynecology and Obstetrics (FIGO), International Confederation of Midwives and Ipas. People who are defending the right to abortion and providing essential services are being stigmatized, intimidated, attacked and subjected to unjust prosecutions, making their work increasingly difficult and dangerous to carry out, said Amnesty International in a new report out today. The report, An Unstoppable Movement: A global call to recognize and protect those who defend the right to safe abortions, reveals how many healthcare workers, activists, advocates and accompaniers around the world face abuse, arrest, prosecution and imprisonment for supporting the right of women, girls and people to access abortions. Such an environment is prevalent including in countries where abortion is partially allowed by law. It is having a chilling, silencing and stigmatizing effect on all those defending access to abortion, as they live in constant fear of being attacked and prosecuted for providing abortion care, whether it is legal or not. It is also creating major barriers for women, girls and people who need abortion care – particularly those who are most marginalised. “The right to abortion is not an opinion. It is a matter of international standards and international legal norms. It is a right underpinned by many human rights, including the rights to physical and mental integrity, the right to health and the right not to be unlawfully and arbitrarily killed through the withdrawal of safe services. It is essential for the dignity of all women and girls, and of everyone who can become pregnant. Those who defend and enable exercise of that right deserve our respect and protection. Yet, many States around the world persist with policies of over-regulation and criminalization that generate hostile, even perilous environments for those who defend the right to abortion,” said Agnès Callamard, Amnesty International’s Secretary General. “Anti-abortion rhetoric, policies and laws stamp a target on the backs of health workers and advocates. Stigmatized, abused, discriminated against, criminalized, imprisoned, even killed - the rights of those who defend the right to abortion are under attack. But their human rights to work without fear, to provide essential services without threat, to exercise their professional skills without discrimination, must be respected and protected.” Isolated and unsupported While progressive abortion law reform continues, anti-abortion regressions impede access with the promotion of disinformation and toxic narratives - smear campaigns that hijack public discourse and agitate against the right to abortion and against those who defend it. “For many sexual and reproductive health providers this harassment and abuse has come to feel like just part of the job, but we cannot allow this to become the new normal,” said Sarah Shaw, MSI Reproductive Choices’ Head of Advocacy. “Enough is enough. It’s time to recognise abortion providers as human rights defenders and stand up for those who put their lives on the line to make choice possible.” Throughout the report, based on more than 40 interviews with abortion rights defenders from all over the world and with the support of global healthcare and grassroots organizations, people defending the right to abortion, particularly healthcare workers, explained how they often feel isolated and unsupported. Their work is not recognised, and they are left fearing the threat of criminalization, harassment, stigmatization, verbal threats and violence, as well as ostracization and burnout in the workplace. Some health workers have seen their personal details leaked online, while others are unsure whether they’ll make it home safely. For example: Venezuelan teacher and human rights defender Vannesa Rosales was criminalized for helping a woman and her 13-year-old daughter get access to abortion. In Poland, Justyna Wydrzyńska, a member of Abortion Without Borders and the Abortion Dream Team, was convicted for helping a woman access abortion pills earlier this year - a safe way of terminating a pregnancy. In Ghana, an advocate for sexual and reproductive rights said service providers have experienced physical violence and public shaming by members of the public, for educating people about contraception. “Violence against frontline sexual and reproductive health care providers is something that continues to happen unabated; it's about time the voices, experiences and concerns of our frontline defenders are heard,” said Alvaro Bermejo, International Planned Parenthood Federation’s Director General. “As anti-abortion authorities around the world continue to deploy stigma, fear and hate-speech against those seeking and those providing services, we, as institutional champions of sexual and reproductive health and rights, commit to matching the courage of our frontline defenders.”

The recent approval of Japan's first oral abortion pill is an important step towards achieving gender equality and ensuring that women exercise their right to self-determination over their bodies, including pregnancy and childbirth. IPPF believes that true gender equality requires empowering women to be fully informed and in control of their bodies, thereby expanding their choices and enabling them to determine their own futures. Dr Alvaro Bermejo, Director General of the International Planned Parenthood Federation (IPPF), underlined the importance of this landmark milestone during a visit to Japan in April. Public support through public comments for the approval shows that the social situation in Japan is changing, with increased awareness of women's lives and health, reproductive freedom and women's rights. In its guidelines, the World Health Organisation (WHO) included oral abortion pills in the Essential Medicines Core List, in line with the evidence accumulated in the past, and removed the requirement of direct supervision by health professionals for their use as these pills can be used outside healthcare facilities without compromising safety and efficacy and the abortion process can be managed using the drug without direct supervision of health professionals. IPPF urges Japan to follow these WHO guidelines, including abortion as part of women's health care, and allow women to take safe oral abortion pills at home. Guaranteeing women in its own country access to these essential medicines is also in line with Japan's strong commitment and global pledge to achieve Universal Health Coverage (UHC), ensuring that all women have access to medicines that save their health and lives, and that no one is left behind. IPPF looks forward to, and is committed to working with and supporting, Japan's future steps towards achieving a society that supports true gender equality, where women can exercise their right to self-determination over reproduction.

Texas judge, Matthew Kacsmaryk, has suspended the U.S. Food and Drug Administration's (FDA) approval of the abortion pill Mifepristone in a horror move for abortion access across the United States. The decision will result in a nationwide ban on Mifepristone in seven days, with the FDA given one week to appeal the ruling. While the ban also affected access in states that have secured abortion post-Roe v Wade, a conflicting ruling from Judge Thomas O. Rice from a federal court in Washington state ordered the FDA to maintain access to Mifepristone in 17 democratic states and Colombia District – effectively putting access to the pill into limbo. Mifepristone, which has been FDA-approved for more than 22 years and has a safety record of over 99%[i], is taken alongside the drug Misoprostol during medical abortion procedures. Since then, it has been used by over 5 million[ii] Americans and was used in more than half of abortions nationwide last year. While Misoprostol can be used alone in medical abortion, people should have access to the full spectrum of abortion care options. Mifepristone is also used in the medical management of miscarriage and second and third-trimester pregnancies when the fetus has died before birth. While the ruling does not prohibit the FDA from making a new authorization for Mifepristone, this will likely take many months. Severe disruption to abortion care services, healthcare services and supply chain issues are expected as healthcare providers and pharmacies grapple with legality, stock, retraining and reeducation. Beth Schlachter, Director of Global Advocacy for the International Planned Parenthood Federation, said: "For 22 years, Mifepristone has been safely used in medical abortion care across the U.S., allowing healthcare providers to deliver safe, practical and discreet care to people who have chosen to end their pregnancies, regardless of their economic status or ability to travel. "In one fell swoop, anti-abortion extremists have once again stripped people of their rights in another blow to liberty. This horror ruling based on junk science, wilful distortion of fact and extreme political agendas will profoundly affect the lives of millions of people already struggling to access the care they need, especially in states where abortion is already banned." Anti-abortion extremists deliberately filed the case against the approval of Mifepristone in the Amarillo division of the Northern District of Texas — a single-judge division where cases are automatically assigned to Judge Matthew Kacsmaryk, a conservative judge appointed by former President Trump. The group claim that: "the statutory basis on which the FDA's approval of Mifepristone was issued 22 years ago is invalid" - an assertion both the Government Accountability Office and FDA have previously investigated and put to rest "an 1873 vice law that made it illegal to send "obscene, lewd or lascivious" material through the mail applies to abortion pills" - federal courts have consistently ruled it doesn't apply to lawful abortions "the drug's original approval wasn't supported by evidence of safety and efficacy" — a claim that medical and policy experts have continuously discredited Beth Schlachter, added: "The implementation of a national ban on Mifepristone via a state court debunks one of the principal anti-abortion arguments in the Roe v Wade case  - that the ruling curtailed state freedom and that abortion rights should be defined on a state-by-state basis. "This weaponization of federal courts by anti-abortion extremists proves just how dangerous the overturning of Roe v Wade is for everyday Americans, whose access to healthcare now lies in the hands of fanatical religious extremists determined to disrupt, harass and deceive until they end access to abortion care and long-held sexual and reproductive rights for good." The International Planned Parenthood Federation's local partner, the Planned Parenthood Federation of America, will continue to provide abortion care where safe and legal to do so. Those seeking medical abortion can also access care via AidAccess and WomenonWeb. At least two abortion networks, Trust Women and Whole Womans Health, have also announced that they will not immediately stop prescribing Mifepristone and will await a directive from the FDA – a move known as a conscientious provision which refers to providers who continue to provide care despite the legal parameters.   Alongside its partner and other reproductive health organizations, IPPF will keep fighting for access to abortion care, freedom from stigma and freedom from criminalization until everyone, everywhere, is free to make choices about their sexuality and well-being. [i] https://www.plannedparenthood.org/uploads/filer_public/42/8a/428ab2ad-3798-4e3d-8a9f-213203f0af65/191011-the-facts-on-mifepristone-d01.pdf [ii] Ibid For media enquiries, please contact Karmen Ivey at kivey@ippf.org or media@ippf.org   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 organizations 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.  

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.

If you are covering the UK autumn budget and reporting on foreign aid, you may find the below statement from  the International Planned Parenthood Federation (IPPF) helpful: “The UK government has already decimated the aid budget and its reputation through severe economic mishandling, cutting billions from the very things that protect people during economic, political and social upheaval, including life-saving sexual and reproductive healthcare. “It is also the only country to be spending the majority of its dedicated overseas aid budget within its own borders, taking advantage of legislation to pay for refugee and asylum costs in the UK rather than increasing domestic and overseas budgets accordingly. “The UK government cannot continue to fight the fire of one humanitarian crisis by diverting much-needed resources from other vulnerable people, nor continue to balance its books on the backs of the poorest people in the world - who, as MP Andrew Mitchell stated, will be damaged, maimed, or die as a result. “This government promised to give women and girls the freedom they need to succeed and prevent the worst forms of human suffering worldwide. If it is to deliver on its promises and revive its sunken reputation, it must spend dedicated budgets correctly, support people in the UK and beyond appropriately, and MP Andrew Mitchell and the Chancellor must ensure a return to the 0.7% as soon as possible.”  

Today, the International Planned Parenthood Federation (IPPF) is helping launch the second report of the High-Level Commission on the Nairobi Summit, also known as the International Conference on Population and Development 25 (ICPD 25). The Commission is an independent advisory board comprised of 26 members from different sectors tasked with monitoring progress on the ICPD Programme of Action and Nairobi Summit Commitments. The programme of action contains commitments from 179 countries to put the rights, needs and aspirations of individual human beings at the centre of sustainable development, part of which includes achieving universal access to sexual and reproductive health for all. The report - ‘Sexual and reproductive justice as the vehicle to deliver the Nairobi Summit commitments’ - highlights sexual and reproductive justice as the key to the realization of the Nairobi Summit commitments. Sexual and reproductive justice is a universal concept. It includes the right to have or not have children, the right to parent one’s children in safe and sustainable environments, and the right to sexual autonomy and gender freedom. Monitoring the implementation of life-saving sexual and reproductive health and gender-responsive services is crucial to ensure accountability and human rights for all. However, while some progress has been made, many barriers persist, and millions worldwide still do not realize their sexual and reproductive rights. Progress on Nairobi Summit Commitments: Numerous country commitments made at the Nairobi Summit align with a sexual and reproductive justice framework. They pay explicit attention to marginalized and vulnerable populations, notably people with disabilities, refugees, migrants (particularly migrant women), young people and older persons. Indigenous peoples, people of African descent and other ethnic minority groups have received less attention. A slew of new reproductive rights legislation followed the Nairobi Summit, suggesting a basis for a sexual and reproductive justice framework. The high number of commitments prioritizing sexual and gender-based violence offers a powerful entry point for promoting sexual and reproductive justice. On the Summit’s Global Commitments, some improvement is evident in meeting unmet need for family planning. But no region has registered positive movement towards zero preventable maternal deaths. Greater access to family planning has yet to translate into better maternal health outcomes. There is some progress in offering comprehensive and age-responsive information and education on sexuality and reproduction and adolescent-friendly, comprehensive, quality and timely services. Certain regions and countries have advanced in providing timely, quality and disaggregated data. More must be done, but this creates opportunities for ensuring that data capture intersecting challenges and are used to inform laws, policies and programmes. Domestic and international finance is critical to sexual and reproductive justice but persistently lags commitments. More than 4 billion people globally will lack access to at least one key sexual and reproductive health service during their lives Dr Alvaro Bermejo, Director-General for the International Planned Parenthood Federation, said: “Three years on from the Nairobi Summit and while we have seen some progress in sexual and reproductive health and rights across countries like Colombia, Mexico and Thailand, globally, we remain far from reaching the commitments made at ICPD 25 - that all women and girls will have autonomy over their bodies and lives through universal access to sexual and reproductive health and rights (SRHR). “With the devasting loss of abortion rights across the U.S having a disproportionate impact on poor women and women of colour, ongoing humanitarian crises across countries like Afghanistan, Ethiopia and Ukraine creating unliveable, unsafe and unsustainable conditions for millions, and the loss of billions of dollars of funding severely affecting access to sexual and reproductive health care for those most in need, 2022 continues to demonstrate the critical need to champion sexual and reproductive justice for all - recognizing the importance of intersecting oppressions on people’s ability to make decisions about their bodies, lives and futures. “At the International Planned Parenthood Federation (IPPF), we remain dedicated to helping countries deliver on the Nairobi commitments as we approach ICPD 30. Using our unique position as a locally-owned, globally connected organization, we will continue to work in solidarity with donors, governments, partners and communities to ensure that everyone, everywhere, can access high-quality SRH care, especially those who are most often excluded, locked out and left behind. “IPPF also urges governments to heed the Commission’s call to action and do more to achieve sexual and reproductive justice. This means tackling the economic, social and legal barriers that prevent its implementation, more financial investment, including in universal healthcare, increased solidarity with partners and the sense of urgency needed to get the job done. The lives and futures of millions depend on it.” For media enquiries, please contact Karmen Ivey on kivey@ippf.org or media@ippf.org   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 108 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 organizations 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 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.

Three leading women’s rights defenders are facing eight years in prison in Poland for exercising their right to peaceful protest.  Prosecutors in Warsaw filed the indictment against Marta Lempart, Klementyna Suchanow and Agnieszka Czerederecka-Fabin of the All-Poland Women’s Strike (Ogólnopolski Strajk Kobiet, OSK), a partner of the International Planned Parenthood Federation, European Network, for allegedly organizing protests during the COVID-19 pandemic.  Massive protests were prompted back in October 2020 by the decision of the illegally appointed Constitutional Tribunal to impose a near-total ban on abortion care. Peaceful protesters were met with excessive force, with authorities using tear gas, pepper spray and physical assault. Now, two years on, women human rights defenders (WHRDs) are still being attacked by Polish authorities, with defenders facing violence from law enforcement and far-right groups, including bomb threats, as well as smear campaigns in state-controlled media, detention and excessive criminal charges orchestrated and encouraged by the government. In the case of the All-Poland’s women’s strike members, these charges include “causing an epidemiological threat”, endangering public health and publicly praising crimes.  The new indictment against the women’s rights defenders came just days before the second anniversary of the near-total ban on abortion, which has killed six women so far. It also comes in the same month that a court hearing was held in the trial of Justyna Wydrzyńska.  Justyna, a member of Abortion Without Borders and the Abortion Dream Team, is facing up to three years in prison for facilitating an abortion that didn’t happen. Her case marks the first in Europe where a WHRD is being prosecuted for helping ensure abortion care by providing abortion pills. Justyna’s trial is ongoing. Irene Donadio of the International Planned Parenthood Federation, European Network, said:  

The US Supreme Court has overturned Roe v. Wade in the biggest blow to women's health and rights in recent US history, removing 50 years of constitutional protection for abortion across America, meaning individual states will now decide the legality of abortion within their jurisdiction. Twenty-six states, including Mississippi, Oklahoma, Texas and Georgia, are now poised to enact "trigger laws" that will severely limit or ban abortion, putting approximately 40 million women and girls of reproductive age at risk of losing abortion access, with lower-income people and people of color most severely affected.  The patchwork of state abortion bans means those without funds to travel for safe and legal abortion services or access medical abortion pills will be forced underground to unsafe and unregulated methods, with no guarantee of quality of care or aftercare if things go wrong. The devastating rollback of reproductive rights resulted from the Dobbs v. Jackson Women's Health Organization case, a 2018 ruling that banned abortion in Mississippi after 15 weeks of pregnancy. Of the nine federal Supreme Court Justices, six voted to uphold the Mississippi law, effectively overturning Roe v. Wade, and three dissented. Dr Alvaro Bermejo, Director-General of the International Planned Parenthood Federation, said: "The Supreme Court's decision to overturn Roe v. Wade is the biggest blow to women's health and rights in recent US history and an outrageous and devastating conclusion to what was already an unconstitutional removal of life-saving healthcare. "By continuing its unbridled attack on women's bodies and forcing them to carry pregnancies to term, the highest court in the land has reached its lowest point, robbing millions of their liberty, bodily autonomy and freedom – the very values the United States prides itself on. "We know for a fact that banning abortion does not mean fewer abortions and that when abortion bans are enacted, women and pregnant people die, as we have seen across the globe, most recently in Poland. We also know that those who cannot access safe abortion care legally, including medical abortion pills, will be forced into unregulated and unsafe methods, potentially resulting in serious harm or even death and costing lives for decades to come. "The fallout from this calculated decision will also reverberate worldwide, emboldening other anti-abortion, anti-woman and anti-gender movements and impacting other reproductive freedoms. The justices who put their personal beliefs ahead of American will, precedent, and law will soon have blood on their hands, and we are devastated for the millions of people who will suffer from this cruel judgment." The overturning of Roe v. Wade also flies in the face of democracy and against the values of those the Supreme Court is meant to represent and protect, with the majority (60%) of Americans supporting Roe v. Wade and 70% believing the decision to end a pregnancy is between a woman or pregnant person and their doctor. Elizabeth Schlachter, Director of Advocacy and US representative for the International Planned Parenthood Federation, said: "The Supreme Court's perilous ruling is not just regressive but also wildly out of step with most Americans, who we know support access to abortion care. It is also at odds with much of the world, where access to abortion is expanding to reach all who need this vital health service. "By overriding the constitutional right to abortion across the US and handing the decision to each state, many parts of the US will now join El Salvador, Nicaragua, and Poland with some of the most restrictive, extremist, and life-threatening bans on abortion care in the world. "But this is not just about the anti-abortion movement in the US; this is concerted and calculated global effort by anti-women, anti-gender, anti-LGBTQI+ conservative and religious, white supremacist extremists, who are using dark money and undemocratic means to deny people their human right to healthcare, equality, bodily autonomy and ultimately, freedom. "With long-held rights under sustained attack, the International Planned Parenthood Federation is imploring governments across the globe to do more to protect democracy and peoples' freedoms from the interference and influence of these extremist groups." The International Planned Parenthood Federation's (IPPF) Member Association, the Planned Parenthood Federation of America (PPFA), continues to provide services to all who need them where legally possible, including via telemedicine for medical abortion pills. IPPF and PPFA will also continue to work around the clock to protect the rights of all people both in the US and globally, fighting extremism at its core and ensuring that women and pregnant people will not be forced to carry a pregnancy or give birth against their will. To help keep abortion legal, safe, and accessible, you can donate to the International Planned Parenthood Federation or Planned Parenthood Federation of America. For media enquiries, please contact Karmen Ivey on kivey@ippf.org or media@ippf.org   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 over 65 years, IPPF, through its 118 Member Associations and 15 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 organizations 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 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 against those who seek to deny people their human right to bodily autonomy and freedom. We deliver care rooted in rights, respect, and dignity - no matter what.

On the US Supreme Court's draft opinion on Roe v Wade, Dr Alvaro Bermejo, Director-General for IPPF, said: "If the reports are true, then the highest court in the land has reached its lowest point. If they continue down the road of overturning Roe v Wade, they will rob millions of people of their liberty, bodily autonomy, and their freedom – the very values the United States prides itself on. "This decision will also embolden other Conservative extremist movements around the world, looking to deny women their reproductive freedom. Make no mistake, this ruling will cost millions of lives for years to come. "The Supreme Court still has time to do the right thing and uphold Roe v Wade. IPPF will do all it can to ensure people can safely end their pregnancy."  For media enquiries, please contact Karmen Ivey on kivey@ippf.org or media@ippf.org  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 over 65 years, IPPF through its 118 Member Associations and 15 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 organizations 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 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. Main image: Abortion rights protest in Washington DC, US – photo by Gayatri Malhotra, Unsplash

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”