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Tuesday, March 9, 2010

Abortion Debate in the Draft Constitution in Kenya

For over 20 years now, Kenyans have been agitating for a more democratic constitution. Kenyans are now very near to getting a new constitution but their hope has been dashed by the human right conflict in the name of abortion. The question to Kenyans is, are you for pro abortion or anti abortion constitution?
The Kenyan Law on abortion has sparked a heated debate more than the widely expected law on power sharing. There is a clear battle lines between opponents and advocates of abortion are clearly drawn. The Kenyan woman who is largely affected by the law believe that her rights are being infringed by any law that criminalize abortion.
On one side is the Kenya chapter of the International Federation of Women Lawyers, the Coalition on Violence Against Women and the Kenya Medical Association who debate with unquestionable zeal for legalized abortion. The generally pro abortion clause as viewed in the draft may not see the light of the day given that the giant catholic church and the protestants have gone public declaring a real war on any thing pro abortion in the draft. This has been amplified by the head of state Mr Mwai Kibaki. Moreover, the male dominate parliament could be anti abortion.
Abortion in the public domain is viewed as more religious than a matter of women's health and rights. The draft states that everyone has a right live. The church want the constitution to clearly state that life start at conception and ends by natural death. What the church remains silent about is the situation were the mother is endangered through reproductive related issues. To many, it is obvious the mother in complication related issues has more rights than the child she is carrying. After all a bird in hand is worthy two in bush.
The current trend of abortion related dangers is worrying. Criminalizing abortion has raised the cost safe abortion and more women seek the services of unsafe doctors. Over 50% of all gynaecologist cases emanates from badly performed abortion. Kenya's current constitution criminalize abortion except were mother's life is in danger. This makes it hard to trace an illegal abortion because the views of the doctors is generally superior to any other view.

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