Peru’s Constitutional Court has ruled against the distribution of the “morning-after pill” at public health care facilities because the abortifacient effect of the drug has not been ruled out.
According to the public relations office of the Court, the justices hold that “the inexistence of the abortifacient effect, the inhibition of the implantation of the fertilized ovum in the endometrium, has not been demonstrated.”
The court accepted the arguments of various NGOs after evaluating the arguments presented by national and international institutions and found that supporters of the pill could not prove that it does not affect the right to life of the unborn, which is protected by the Peruvian Constitution.
The court's ruling bans the free distribution of the morning-after pill in public health care facilities, however the drug can still be sold in pharmacies as long as consumers are provided with information on the drug’s potential abortifacient nature.
According to Carlos Polo, director of the Office for Latin America of the Population Research Institute (PRI), the court “has acted correctly because it put things into proper perspective. The promoters and sellers of the pill needed to show that the anti-implantation effect did not exist and they could not do so.”
PRI is one the organizations cited in the court’s ruling.
“The ruling reproduces the complete texts of the literature that accompanies the drug in various countries where the anti-implantation effect is accepted. It cites the U.S. Food and Drug Administration, which is a point of reference for pharmacology worldwide. This simple affirmation is something the previous Ministers of Health simply refused to accept—starting with Pilar Mazzetti—for obvious ideological reasons and for the benefit of the pharmaceutical laboratory that owns the brand Postinor,” Polo said.
The ruling coincides with similar rulings in Ecuador, Argentina and recently in Chile,” he added.