Implementing Reproductive Health and Abortion Provisions In The Kenya Constitution (2010)
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 6
Abstract
Kenya‘s 2010 Constitution, although recognising the right to life from conception, provides a strong protection for the lives and health of women. Whereas the previous law only allowed legal abortion to protect a pregnant woman‘s life, Section 26(4) of the 2010 Constitution explicitly permits abortion and clearly specifies the situations in which it is permitted. These include: (i) when there is need for emergency treatment, and (ii) where the life or health of the mother is in danger. Abortions can be offered following the advice of a trained health professional. Section 26 further provides a possibility of expanding the circumstances under which legal abortions can be offered by allowing the enactment of a law for that purpose.1 Access to legal abortion is further enhanced by Article 43(1) (a), which provides that every person has the right to the highest attainable standard of health care services, including reproductive health care. This provision becomes stronger when read within the context of Article 43(2), which prohibits denial of emergency medical treatment. Unfortunately, more than seven years after the inauguration on the constitution, Kenyan women continue to be deprived of essential reproductive health services including quality maternal health care and safe and legal abortion services. This paper seeks to provide an analysis of the opportunities for safe abortion as provided in the 2010 Constitution, as well as examine the challenges that have hindered provision of safe legal abortions in Kenya.
Authors and Affiliations
Dr. Jane Wambui
Keywords
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- EP ID EP419197
- DOI 10.9790/0837-2306016271.
- Views 54
- Downloads 0
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