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 2015Posted: 24 October, 2019 | Author: AfricLaw | 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 »