By Lucianne Limo
For the first time in international law, The Protocol on the Rights of Women in Africa explicitly sets forth the reproductive right of women to medical abortion. The protocol asks state parties to protect reproductive health of women by authorizing of medical abortion in case of rape, incest, sexual assault or where the pregnancy endangers the life of the mother or foetus. The Vice Chairperson of the Commission for Implementation of the Constitution (CIC) Elizabeth Muli recently launched a manual to guide activists and lawyers on how to use the provisions in the protocol to litigate on behalf of aggrieved women. She said the manual provides an analysis of case law on women’s rights decided by other regional and international bodies which can be used to guide courts in interpretation of women rights as provided in the protocol. “The protocol is important as the new Constitution provides that any treaty ratified by Kenya shall form part of the laws of Kenya,” Muli added. The protocol asks governments to ensure women enjoy their right to decide whether to have children, how many and their spacing.