This case stems from a long legal battle that began in 2009, when the Court prohibited the distribution of emergency oral contraception (also called morning-after pills) in health centres, citing concerns about their abortifacient effects. Then, in 2014, a woman, supported by PROMSEX, filed a lawsuit to call for the reversal of this decision and called for the Ministry of Health to provide emergency contraception for free and ensure the public was informed about its contraceptive (not abortifacient) nature. After several judicial challenges, the Constitutional Court ruled in favour of free distribution.
This ruling affirmed that emergency contraception not only does NOT have abortifacient effects, according to scientific evidence, but also highlighted its importance, particularly in cases of sexual violence, to prevent pregnancies resulting from rape. Moreover, the Court stressed that failing to distribute the method freely constituted a violation of the right to equality and non-discrimination, especially for low-income women who could not afford it.
As a result, the Peruvian Ministry of Health is now required to implement a nationwide public policy ensuring the free distribution of emergency contraception across all health centres in Peru.
This case history and decision is now included in the University of Toronto Law School’s table of cases, available here: https://www.law.utoronto.ca/programs-centres/programs/irshl-reproductive-and-sexual-health-law/irshl-publications/abortion-law.
SOURCE: Report by Dana Repka, LL.M. Candidate, University of Toronto, Canada, 23 September 2024. Tribunal Constitucional, Sentencia Exp. No. 2005-2009-PC/TC, 30 March 2023. Decision in Spanish. Press release in Spanish. [Constitutional Court of Peru ordered the Ministry of Health to distribute emergency oral contraceptives free of charge in the national health system. PHOTO: Constitutional Court: Wikipedia]