The Dilemma of Abortion: Why Kenya's Laws Don't Work
Source:PinterestIntroduction
Kenya has some of the most restrictive abortion laws in the world. The penal code criminalizes abortion except where the pregnancy is a threat to the mother’s life. The maximum punishment for anyone found guilty of procuring or performing an illegal abortion is 14 years in prison (is the man included here?).
According to a report by the Ministry of Health, an estimated 2,600 women die every year from unsafe abortions. Many more suffer from serious health complications as a result of unsafe procedures. The majority of these women are poor and cannot afford safe, legal abortions or do not have access to appropriate medical care. Regardless of its illegality, women who resort to abortion after a pregnancy crisis always end up in the hospitals in the event of a backfired abortion.
Despite the legal restrictions, 3 in 10 women in Kenya have
had an abortion. The majority of these women (97%) say they had an abortion
because they could not afford to take care of another child. This is not
surprising, given that 41% of Kenyan women do not want to get pregnant.
For many women, having an abortion is their most difficult
decision. In fact, 82% of women who have had an abortion say it was their most
difficult decision. This suggests that the majority of women who have abortions
do so because they feel they have no other choice.
Abortion Debate in Kenya
The death of human rights activist Caroline Mwatha, in 2019 who died from bleeding due to a ruptured uterus resulting from a botched abortion, fueled the abortion debate in Kenya. The Kenya National Commission on Human Rights (KNCHR) in 2018 reported that unsafe abortions are commonly reported among adolescents and youth in universities and colleges. As a result, the Ministry of Health in collaboration with expert consultation from the Reproductive and Maternal Health Services Unit came up with a Post-Abortion Care guidelines.
Why would then, the government allocate resources for post-abortion care while it is illegal? Probably the resources could be far better allocated to prevent abortion instead? There are many reasons why abortion remains illegal. These include the religious and pro-life arguments, the cultural perspective, and the Kenyan laws on abortion. In this article, we will take a closer look at each of these reasons.
Arguments Against Abortion
One main argument against abortion in Kenya is based on
religious beliefs. Many religious groups believe that life begins at conception
and therefore any termination of pregnancy is seen as taking a life.
Consequently, abortion is considered a sin according to religious teachings,
and many are opposed to changing the current law. Pro-life arguments also
exist, which focus on the protection of the unborn child. Advocates for this
stance argue that every child has the right to life and that it is wrong to
take that life away. Pro-life proponents argue that there are many other
options available to women facing unwanted pregnancies, such as adoption.
Cultural norms and values also play a significant role in shaping
attitudes towards abortion. Many societies view pregnancy and childbirth as
sacred and view abortion as a violation of these values. Additionally, in many
cultures, a woman's worth is tied to her ability to bear children. This can
make it challenging for women to speak openly about their decision to have an
abortion, as it may be viewed as a betrayal of cultural tradition.
Why aren’t the laws working?
The reasons why Kenya has some of the most restrictive
abortion laws in the world are complex and intertwined with various societal,
cultural, and legal factors. However, this law is not well enforced and many
women seek illegal abortions every year. There are also many circumstances that
force women to have abortions, such as rape, incest, and health complications, financial
insecurity, lack of support from the father, and pressure from family members.
These women are often left with no choice but to seek illegal
and dangerous abortions.
The dilemma of abortion is a complex one. There is no easy
answer. However, it is important to have an open and honest discussion about
the topic.
One of the main reasons why the current laws are not
effective in preventing unsafe abortions is that they do not address the root
causes of the problem. Many women seek abortions because they are unable to
access contraception, they do not have the resources to support a child, or
they are victims of rape or incest. Criminalizing abortion does not address any
of these underlying issues and only serves to punish women who are already in a
vulnerable position.
Possible solutions to the problem of unsafe abortions in Kenya include; improving access to contraception and comprehensive sex education, increasing access to safe, support services, and reforming the current laws to make abortion legal in more genuine circumstances.
By providing women
with the resources they need to make informed decisions about their
reproductive health and access to safe medical care, the number of unsafe
abortions and related deaths can be greatly reduced.
In conclusion, the current laws surrounding abortion in
Kenya are not effective in preventing unsafe abortions or protecting the health
and rights of the unborn children and women. To address this problem, a comprehensive
approach is needed that addresses the underlying issues that lead women to seek
abortions and ensures that women have access to the resources and medical care
they need. Only then can we hope to reduce the number of unsafe abortions and
improve the health and well-being of women in Kenya.
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