Extending sexual health and reproductive rights through the Court: Analysis and lessons from FIDA – Kenya & Ors v The Attorney General & Ors High Court Petititon No 266 of 2015
Posted: 24 October, 2019 Filed under: Nimrod Muhumuza | Tags: botched abortion, failure to pay, Kenyan law, physical health, prohibitive cost, reproductive rights, sexual health, social well-being, woman's rights 1 Comment
Author: Nimrod Muhumuza
Lawyer and LLD candidate, Dullah Omar Institute, University of Western Cape
On 3 December 2013 and 24 February 2014, the Kenyan Director of Medical Services respectively withdrew the 2012 Standards and Guidelines for Reducing Morbidity and Mortality from Unsafe Abortion in Kenya, and the National Training Curriculum for the Management of Unintended, Risky and Unplanned Pregnancies.
In June 2018, JMM, at just 18 years of age, died as a result of a botched abortion in an attempt to terminate a pregnancy resulting from rape. Activists and JMM’s mother petitioned the High Court of Kenya linking the withdrawal of the guidelines to JMM’s death which they argued was a violation of her right to life, and her right to health. It would be first time under the new 2010 Constitution of Kenya that Court would flesh out the application of sexual and reproductive health rights, particularly the right to abortion, to a particular demographic: teenage girls from economically and socially impoverished backgrounds. The Court also had to determine, if it found that JMM’s rights had been violated, the appropriate remedies available to the petitioners. Read the rest of this entry »
The Global Compact on Refugees: A breakthrough opportunity in addressing the protracted refugee crises in East Africa
Posted: 4 October, 2019 Filed under: Juliet Nyamao | Tags: Agenda for Sustainable Development, climate change, climate changes, East Africa, Ethiopia, flee, fleeing war, forced displacement, Global Compact on Refugees, human rights violations, humanitarian funding, Kenya, migration, New York Declaration for Refugees and Migrants, refugee camps, refugee self-reliance, refugees, SDG, sub-Saharan Africa, sustainable development, Uganda, UN, United Nations, war 2 Comments
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
In recent years, the world has witnessed an explosive increase in the number of refugees and internally displaced persons. The upsurge in forced displacement has increased the demand for humanitarian assistance and strained the limited resources of host nations, majority of which are developing economies. The resulting economic strain compelled the international community to develop sustainable mechanisms for protecting refugees and displaced persons in alignment with the 2030 Agenda for Sustainable Development. Read the rest of this entry »
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