Civil society organisations have renewed calls for decriminalising abortion, sounding the alarm that many young girls are dying because they are procuring unsafe abortion from quack doctors.
About 10 organisations congregated at the Riruta stadium in Dagoretti South constituency to commemorate this year’s International Safe Abortion Day and raise awareness about safe abortions.
The day was marked with a football tournament bringing together teams from informal settlements.
They called for articles 26 and 43 of the Constitution – which call for safe abortion and access to emergency medical treatment – to be protected.
Restrictive laws
Article 26 (4) states: “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.”
On the other hand, Article 43(2) provides: “No person may be denied emergency medical treatment. This includes post-abortion care that is medically given to women for treatment of abortion complications.”
“On this International Safe Abortion Day 2024, we unite in #ABORTIONSOLIDARITY to amplify our voices and re-energise our efforts towards the realisation of our shared objective of advocating for the removal of restrictive laws and policies and the promotion of access to safe abortion care as an essential reproductive health service,” the organisations said in a statement read by health lawyer Margaret Nyambura.
Up to 14 per cent of pregnancies end in unsafe abortions in Kenya, resulting in about 2,600 deaths annually, according to the National Council for Population and Development.
Kenya’s maternal mortality ratio at 362 per 100,000 is the highest among women of peak reproductive age (25–39), and in this group, up to 17 per cent of deaths and severe morbidities may be associated with induced abortion, the agency reports.
Subjective interpretation
The groups cautioned that seeking to change articles 26 and 43 will expose girls and young women to unsafe abortion practices.
“Interpretation and implementation of restrictive abortion laws in a varied and subjective manner has resulted in reluctance by healthcare providers to perform safe abortions, even in situations where it is permitted, due to fear of legal repercussions or fear of societal reprimand,” said the groups, which were brought together by the Centre for Reproductive Rights.
They acknowledged that in many African countries, abortion is legally permitted although under varying and often restrictive circumstances, expressing concerns that the legal frameworks for abortion in several countries – including Nigeria, Malawi, Tanzania, Uganda, Zambia, and Kenya – continue to criminalise abortion under most circumstances.
Africa has the highest rate of abortion-related deaths in the world – 185 maternal deaths per 100,000 abortions. Usawa Health, Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN) Mama Cash, Trust for Indigenous Culture and Health (TICAH) and others noted that unsafe abortions have a devastating impact on women and adolescent girls, including severe health complications and preventable death.
“In solidarity with the African women and adolescent girls in all their diversities, we join voices to affirm that safe abortion care is a fundamental human right that must be protected and upheld,” they said, calling on governments to urgently revise existing criminal laws regulating abortion.
This, they said, will ensure compliance with commitments outlined under the Maputo Protocol, which calls for broader access to safe abortion services without any legal or administrative barriers.
