The temporality of justice in abortion, law, and human rights. Policy, law and postabortion care services in kenya. The standards and guidelines on reducing maternal mortality and morbidity from unsafe abortion were published in september 2012 and included uptodate guidance. Policy, law and postabortion care services in kenya ncbi nih. In 2010, kenya adopted a new consti tution that explicitly permits.
Whereas the previous law only allowed legal abortion to protect a. Although the workshop focused on uganda and kenya, delegates also presented research from tanzania and rwanda. Abortion provider appreciation working from an ethics of justice and an ethics of care, the srjc is a coalition of organisations and individuals engaged in advocacy, research, service delivery, education, policy analysis and activism work in the fields of gender, sexual and reproductive justice, health, rights and care. However, safe, legal abortion has not been well implemented until recent years and unsafe abortions are common in ghana 12, and complications of induced abortions are the second leading cause of maternal death. Article 26 in the new constitution was the bone of contention between the prolife and pro. The following are the laws talking about abortion in kenya. Abortion is not permitted in kenya, unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger. Abortion is not permitted for any reason in 10 out of 54 african countries. The incidence and complications of unsafe abortion in kenya report provides a picture of the diversity of women in kenya who undergo unsafe abortion as well as some of the consequences of the procedure on the health and wellbeing of women.
The worlds abortion laws center for reproductive rights. Kenya approves proabortion constitution texas right to life. Kenyas high court rules the withdrawal of 2012 standards and guidelines on reducing maternal mortality and morbidity from unsafe abortion in kenya illegal, holding abortion lawful on both physical and mental health grounds. Abortion has been a controversial subject in many societies through history on religious, moral, ethical, practical, and political grounds. Gaps exist in knowledge regarding womens decisionmaking processes in relation to induced abortions in kenya. Pdf community perception of abortion, women who abort. All existing african national abortion laws, in fact, provide for legal abortion in some or all of the circumstances in the rotocol. According to the constitution of kenya 2010, article 264. The data in this fact sheet are the most current available and are drawn from hussain r, abortion and unintended pregnancy in kenya, in brief, new york. A majority of the surveyed countries allow abortion upon the womans request in the early weeks of pregnancy, and allow abortion under specified circumstances in later periods. Time to actcomprehensive abortion care in east africa the. Constitution of kenya 2010, article 264 article 264.
Implementing article 26 4 of the constitution of kenya. Pdf policy, law and postabortion care services in kenya. It has been nearly two years since the chinese government modified its planned birth policy. According to the 1972 termination of pregnancy top act, an abortion in zambia can be legally conducted under the following circumstances. Zambia permits abortion for health and socioeconomic reasons, whereas cape verde, south africa and tunisia permit abortion without restriction as to reason, with gestational limits. The high court of kenya at nairobi legalised abortion for victims of rape and sexual violence on june 12. Proportionality is the logic of most contemporary abortion laws, but also the logic of many human rights challenges to and justifications for these laws. Interpreting and implementing existing abortion laws in africa. Abortion legislation in europe the library of congress. No place for abortion in african traditional life some.
Abortion is legal throughout the united states and its territories, although restrictions and accessibility vary from state to state. Pp 11 see the 2003 revised version of the mpdb circular no. Apr 24, 2010 although kenyas current constitution does not address abortion, its criminal laws prohibit abortion on demand. Under the 2010 constitution of kenya, abortion is permitted in certain circumstances. World abortion policies 20 country or area legal grounds on which abortion is. Laws that criminalise abortion but without concomitantly articulating clearly the grounds for lawful abortion unduly deter healthcare providers from providing health services to women even where abortion. Well, let us take a look at abortion laws in kenya to find out. Apr 03, 2017 incidence of induced abortion in malawi, 2015.
A safe and loving space where we get to express our sexuality with absolutely no judgement. In december of 2015, the chinese national peoples congress npc. Abstract safe abortion is not only a matter of law and policy. Pdf background unsafe abortion is still a leading cause of maternal death in most subsaharan african countries. Directives, policies and laws that have been passed, cited and used by the government in the wake of the covid 19 pandemic read more. Later abortion and its regulation raise a number of questions about justice. This exception to the restrictive laws is contained in both statutory and case law. Europes formerly communist countries have liberal abortion laws. In the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the pregnant woman is in danger. Zambia has some of the most liberal abortion laws in southern africa. Kenya figo international federation of gynecology and obstetrics. Abortion in kenya is prohibited with the exception of certain circumstances including danger to the life and health of the expectant mother, and rape.
Following global trends towards liberalising abortion laws30 countries, including several in africa, have liberalised their abortion laws over the past 20. Iceland to have one of europes most liberal abortion laws, permitting abortion on request up to 22 weeks. Abortion policies and reproductive health around the world 2 united nations department of economic and social affairs. However, abortions continue to be common in many areas, even where they are. This report summarises the law and policy on abortion in kenya and cases of trials and imprisonment for abortion between 2004 and 2017. It is also a public health concern globally and in kenya. Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. Laws of kenya the constitution of kenya, 2010 published by the national council for law reporting with the authority of the attorneygeneral.
Constitution and other legal documents including their own medical codes of conduct. Only in cases where a womans life or health is severely threatened can a doctor determine to carry out an abortion. The law, trials and imprisonment for abortion in kenya safe. Here we summarise key action points needed to speed up implementation and expand access to comprehensive abortion care in east africa, as identified by the workshop delegates. The neartotal ban on abortions signed into law in alabama this month is the most restrictive abortion legislation in the country, but the state. The death led to local protests, and human rights defenders in the area called for an investigation, alleging other abuses by security forces in the region and little accountability for abuses. Kenyas abortion provisions center for reproductive rights. Obama violates federal law by forcing abortion rights on kenya.
Population division introduction the programme of action of the 1994. Mar 04, 2010 abortion laws kill kenyan schoolgirls. For statespecific information, check your states abortion laws. Abortion abortion is the intentional termination of a pregnancy. Whether or not abortion is legal, women will use available means to. The proportion of pregnancies ending in abortion ranges from 12% in western africa to 24% in southern africa. According to the constitution of kenya, article 264, abortion is not permitted unless, a trained health professional deems it necessary during an emergency treatment, or where the health or life of the mother is endangered. America, 60s all states had laws restricting abortion except to save mothers life rov v. In 2005, ethiopia approved a liberalised abortion law, and ghanas abortion laws have been fairly liberal since 1985. The constitutional provisions on safe abortion are explored particularly in terms of the extent to which they improve the legal framework and create opportunities for actualising the right. The judgement was the result of a fouryearlong case filed by the mother of jmm name changed, who died after failing to receive proper postabortion care. Respecting a clients right to confidentiality absolute respect for the patients right to privacy, discretion. Most of these abortions are performed by unskilled people, often in conditions that do not meet minimal medical standards and are not followed with the appropriate postabortion care.
The center for reproductive rights is the only global legal advocacy organization dedicated to advancing reproductive rights. The problem of abortion is not primarily a problem of law. The spread ep 53 kenyan laws on abortion part 1 by. The laws of kenya do not allow for termination of pregnancy on demand\ and severe penalties are meted out to those found guilty of procuring or attempting to procure an abortion or miscarriage. Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever. Abortion in kenya is regulated by article 26iv of the constitution of kenya, which states that. There is room, however, for carrying out termination when in the opinion of the attending doctors it is necessary in the interest of the health of. It has been banned frequently and otherwise limited by law. Constitution of kenya, 2010 4 chapter fiveland and environment part 1land 60principles of land policy. Gapd the global abortion policies database the global. However, what everyone has been asking is, are there provisions when one is allowed to procure an abortion in kenya. Abortion law permits, prohibits, restricts, or otherwise regulates the availability of abortion. Abortion and the law in kenya by charles owuor ssrn. Unsafe abortions are a major cause of deaths and health complications in kenya.
Below is a summary of abortion laws that arguably limit a womans right to have an abortion. Wherever we can, we provide safe abortion and postabortion care services for women and girls who have decided to end a pregnancy. Firstly you can quickly get a pdf version of the piece of legislation that you are viewing, simply click on the pdf icon to be able to download a pdf. United nations department of economic and social affairs population division. Kenya defense forces personnel killed abdullahi kasim yusuf, allegedly after he entered a garissa military camp. May 16, 2019 the neartotal ban on abortions signed into law in alabama this month is the most restrictive abortion legislation in the country, but the state is not alone in trying to put limits on the procedure. We always respect and comply with national laws and regulations on abortion, but stand shoulder to shoulder with women and girls worldwide in the global drive to liberalise abortion law, eliminate unsafe abortion.
Health care providers perceptions of and attitudes. The law clearly addresses the social practice of abortion, it influences the means of practice and may, at its best, resolve the social consequences of abortion, but the problem of abortion is located in social experience and prevailing social philosophies, rather than in statute books and judicial decisions. Four countries in africa have relatively liberal abortion laws. In kenya, quality post abortion care is still deficient in healthcare facilities. The most common justice claim is the recognition that there will always be a need for abortion throughout pregnancy. Pdf time to actcomprehensive abortion care in east africa. Article 2 of the kenyan constitution states that the general rules of international law shall form part of the legislation of kenya. Kenya s abortion fatality rates are substantially higher than in the african region as a whole and more than nine times higher than for developed regions. A fertilized egg is a zygote, then an embryo up to 8 weeks, then a fetus. The new laws of kenya database provides two ways to work with content once you have found it, that will make your job easier. Abortion is illegal in kenya, and that is what everyone should know before going on with this article. Every year, 22 million women have an unsafe abortion worldwide and virtually all 98% of these abortions are occurring in developing countries 1. The law, trials and imprisonment for abortion in kenya. On todays episode we focus on the new abortion laws in kenya.
Abortion laws 5 the liberalization of abortion legislation or, on the other hand, the imposition of restrictive legislation, may have quite striking demographic consequences. Although legal abortion is still the law of the land, the future of abortion leans toward stricter limitations that seem to chip away at the essential holding of roe. An exception is poland, a country with a strict abortion law. In supporting the kenyan constitution, which drastically alters current abortion laws in kenya, it is possible that the obama administration broke the law.
Kenyas rape survivors win right to abortion in landmark. Consequences of carrying out an abortion summary of abortion laws in kenyaphoto by pb. S government later denied any direct involvements in the campaigns. Prior to this time, abortion was only allowed in cases, done to save the pregnant woman from grave and permanent danger to life or health, which it is impossible to avert in any other way. However under kenyan constitution 2010 article 264, there are exceptions when. An estimated 93% of women of reproductive age in africa live in countries with restrictive abortion laws i. Association kenya, clinical officers association, fhok and ppfa.
With the provisions in the kenyan constitution broadening abortion rights, the obama administration through idlos efforts are in a position to draft broad abortion laws and again violate federal law. Kenya did sign and ratify protocol to the african charter on human and peoples rights on the rights of women in africa that among other things provide and expands grounds for safe abortion. Abortion and unintended pregnancy in kenya guttmacher institute. Abortion is allowed only in cases of risk to the life or health of the woman, when the pregnancy is a result of a criminal act the criminal act has to be confirmed by a prosecutor, or when the fetus is seriously. This study therefore provides a more complete picture of post abortion care provision in kenya. Article 26 in the new constitution was the bone of contention between the prolife and prochoice groups in the build up to last years referendum. Women in china found pregnant with an overquota child continue to face severe penalties, pri has found. Overwhelmingly, unsafe abortions occur in developing regions where restrictive abortion laws are concentrated, so as the case in kenya 7, 8. Congressman chris smith rnj has documented that the obama administration has donated at least 23 million dollars to various organizations in kenya that advocated a yes vote. Explored the implications of the national abortion law and policies for access to. Jan 25, 2017 this paper examines the framework that regulates the right to abortion and the inherent deficiencies in that law. This qualitative study in kenya and india explores abortionrelated fears, expectations and perceptions of stigma among women who have obtained abortion services.
In kenya, quality postabortion care is still deficient in healthcare facilities. Apr 28, 2017 this report summarises the law and policy on abortion in kenya and cases of trials and imprisonment for abortion between 2004 and 2017. Abortion is a controversial and divisive issue in the society, culture and politics of the u. Learn about our supreme court case and other cases before national courts, united nations committees, and regional human rights bodies. Kenyas abortion fatality rates are substantially higher than in the african region as a whole and more than nine times higher than for developed regions. Feb 15, 2015 the most recent study on post abortion complications in kenya was conducted in 2003 and was based on a sample of public health facilities.
Incidence and complications of unsafe abortion in kenya. Abortion and unintended pregnany in kenya guttmacher institute. Both providers and women should be made aware that abortion is an available option to protect the health of a woman. Right to life abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law. Previously, abortions were allowed there only if a doctor ruled there was a serious risk to a womans health. If there were such taboos, plus elaborate ritual, and if miscarriage was not tolerated, then abortion had no place. The incidence of unsafe abortion in kenya is among the highest in. In 2011, the ministry of health set up a working group that included ngos who supported safe abortion in kenya to draft guidelines on abortion provision in line with the constitution. Tc cite an example, a country which in 1966 imposed more rigid criteris. These unsafe abortions result in about 2,600 deaths of women and girls annually in kenya.
There exists a wide range of laws, policies and practices that undermine autonomy and right to equality and nondiscrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. Continued restrictive abortion laws inhibit quality improvements that might be possible through provider training and community support for women with unintended pregnancies. Current conditions and the challenges ahead congressional research service summary kenya, a nation of about 36. Abortion policies and reproductive health around the world. Stigma related to contraceptive use and abortion in kenya. Abortion laws in african commonwealth countries journal. The stated purpose of the grant is to support the kenyan parliament as it brings its domestic laws into compliance with the constitution. Prior to 2010, abortion in kenya remained largely criminalized and. Lois musikali a research paper submitted in partial fulfilment of the requirements of the master of laws llm degree, university of nairobi school of law november 2015. Approximately 14 percent of pregnancies in kenya end in abortion. Kenya moved from a oneparty state to a multiparty democracy in 1992. This report summarizing laws on abortion in selected european countries shows diverse approaches to the regulation of abortion in europe. Abortion and the law in kenya corresponding author charles okeyo owuor email.
The current study used data from a nationally representative sample of public and private health facilities. Abortion laws kill kenyan schoolgirls society the guardian. In 2005, the ethiopian government amended the countrys penal code to expand instances in which a woman could legally obtain an abortion. The constitution of kenya revised edition 2009 2008 published by the national council for law reporting with the authority of the attorney general.
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