With the support of SOAWR and Sida, COVAW Kenya has developed two resources regarding Kenya’s reservations under Article 14 of the Maputo Protocol on Health and Reproductive Rights:
1. Addressing Legal and Healthcare Challenges Arising from Kenya’s Reservations Under Article 14(2)(c) of the Maputo Protocol. This comprehensive policy brief addresses the impact of Kenyan government reservations under Article 14(2)(c) of the Maputo Protocol on women’s reproductive rights and access to safe abortion services. Motivated by concerns regarding alignment with domestic laws, particularly Article 26(4) of the Kenyan Constitution, these reservations have given rise to multifaceted legal and practical challenges. This brief proposes a set of targeted recommendations to deal with these challenges and uphold women’s reproductive autonomy, including the pivotal recommendation of lifting the existing reservation, alongside a specific focus on implementing existing health policies.
2. The Right to Choose: A Report on the Impact of Government Reservations on Reproductive Rights under the Maputo Protocol in Kenya. This study examines the impact of the Kenyan Government’s reservations to Article 14(2)(c) of the Maputo Protocol, focusing on women’s rights and reproductive healthcare access within the country. Kenya ratified the Maputo Protocol in 2010 but placed a reservation citing inconsistencies with domestic laws.
This analysis goes beyond legal considerations; it looks at the tangible impact on the lives of women and girls in Kenya. Reproductive rights encompass not only medical procedures but also a woman’s agency to make decisions about her body, family planning, and access to comprehensive healthcare. The consequences of the reservations under Article 14(2)(c) extend beyond legal nuances, shaping women’s choices, opportunities, and overall well-being.
Fridah Wawira Nyaga
Acting Executive Director"The prevalence of ambiguous legal frameworks restricting safe abortion has resulted in a rise in maternal mortality rates. This increase is attributed to complications stemming from unsafe procedures. Moreover, women undergoing unsafe abortions may encounter severe complications, such as infections, haemorrhages, and organ damage, which can contribute to enduring health issues or disabilities."
Key Findings
High Mortality & Morbidity Rates"Addressing challenges surrounding Kenya’s abortion laws and policies requires comprehensive reforms, including penal code amendments, clear implementing policies, and extensive education to ensure a proper understanding and implementation of constitutional provisions."