3 A CRITIQUE OF THE LAW RELATING TO ABORTION IN KENYA
This chapter seeks to critic the Kenyan provision of right to health under the constitution article 43 (1) (a). The purpose of this chapter is to confirm the hypothesis that the law on abortion in Kenya does not adequately protect all aspects of the rights of a woman as the laws are too restrictive and conservative. Kenya should also uphold international law policies based on Article 2 (5) of the Constitution 2010 which states that the general rules of international law shall form part of the laws of Kenya.
3.2 Every girl has a right to education
Every person has a right to education and a way to access it. According to the previous chapter, right to equal education is an…show more content… This is in line with international provisions on the right to education.
3.3 Right to the highest attainable standard of health care.
In Kenya this is found under Article 43 (1) (a). This is derived from article 12 of the International Covenant on Economic, Social and Cultural Rights. (ICESCR) as discussed in the previous chapter. The meaning of health should be understood as not only the physical aspect of a woman but also her mental status. Every individual has a right to access healthcare in their own country and a woman is not excluded in this case. It is the duty of a government as a legislative body to ensure that this is made possible. Hillary Clinton once said that a woman has the right to access safe and legal abortion .
A clinical officer I interviewed at Marie Stopes, a center which carries out legal abortions in Kenya, told me that a woman’s right to enjoy good health covers her mental health as well. This Center is trying to curb the rate of illegal and unsafe abortions in Kenya thereby ensuring that the health of the mother is