Doctors take stand on abortion rights for the survivors of rape

Abortion-related stigma and criminal penalties put women's and girls' lives and health at risk. [iStockphoto]

The medics point out that abortion is a medical issue: it is about the health and wellness of a woman.

"If a practitioner is unable and unwilling to provide a desired medical service given his/her conscientious objection," the statement continues, "he/she is obligated to make referral in good faith to a non-objecting physician in a timely manner."

Under the 2010 Constitution, abortion may be granted to a pregnant woman or girl, when in the opinion of a trained health professional, she needs emergency treatment or her life or health is in danger.

"Unsafe abortion as well as abortion-related stigma and criminal penalties put women's and girls' lives and health at risk which jeopardizes and contravenes protected rights under various legal frameworks.

"In emergency situations, to preserve life or physical or mental health, practitioners must provide the medically indicated care of their patients' choice regardless of the physician's personal objections. The care must be provided urgently and respectfully without punitive prejudice and biased behavior.

"The best interests of pregnant adolescents are paramount. Their views must always be heard and respected in reproductive health decisions," reads the rest of the paper.

Kogs' position is in tandem with the Maputo Protocol, which Kenya ratified.

Article 14 (2)(c) of the Protocol states: 'Parties shall take all appropriate measures to: protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health.'

At least two cases in the High Court - the first, petition 266 of 2015, and the second petition E009 of 2020 - have concluded that abortion is a reproductive health service that a woman might need for the sake of their health and wellness.

President of International Federation of Obstetricians and Gynaecologists Anne Kihara says: "Restricting abortion does not stop it from occurring but increases the likelihood of unsafe and backstreet options."

The positional paper was put together by a select committee within Kogs and was adopted through majority support.

Debate on termination of pregnancy in Kenya became heated in 2009, in the months leading to the referendum on the 2010 constitution.

Abortion may be granted to a pregnant woman or girl, when in the opinion of a trained health professional, she needs emergency treatment or her life or health is in danger. [iStockphoto]

"If crime victims such as JMM would be accorded a friendly environment to seek medically sound abortion services, their lives would be saved," says Omanwa.

"This is why we, as Kogs, would like to make our voice known to Kenyans: that we support the rights of such victims to legal and medical abortion."

Most recently, in March 2022, the High Court in Malindi ruled that abortion and abortion-related services are part of the reproductive health rights the Kenyan constitution protects.

Giving his judgement on petition E009 of 2020, Justice Reuben Nyakundi declared that criminalising abortion under the Penal Code would be an impairment to the enjoyment of women's reproductive health rights.

Justice Nyakundi also directed Parliament to enact laws and policies that align with what the constitution envisages: that a woman may need medical abortion services.

The Maputo Protocol, which Kenya ratified bears the following.

Article 14 (2)(c) of the Protocol states: "Parties shall take all appropriate measures to: protect the reproductive rights of women by authorising medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health."

Kogs' positional statement states that abortion is primarily a medical issue.

"Unsafe abortion as well as abortion-related stigma and criminal penalties put women's and girls' lives and health at risk which jeopardizes and contravenes protected rights under various legal frameworks.

"If a (health) practitioner is unable and unwilling to provide a desired medical service given his/her conscientious objection, he/she is obligated to make a referral in good faith to a non-objecting physician in a timely manner.

"In emergency situations, to preserve life or physical or mental health, practitioners must provide the medically indicated care of their patients' choice regardless of the physician's personal objections. The care must be provided urgently and respectfully without punitive prejudice and biased behavior.

"The best interests of pregnant adolescents are paramount. Their views must always be heard and respected in reproductive health decisions,' reads the rest of the paper."

The positional paper was put together by a select committee and was adopted through majority support.