Kenyan court rules that rape victims have right to abortion

Catholic News Agency | 6/15/2019 | Staff
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Nairobi, Kenya, Jun 15, 2019 / 02:01 pm (CNA).- Kenya's High Court ruled Wednesday that rape victims whose pregnancy threatens their life or health have a right to procure abortion.

The June 12 ruling regarded a case brought on b ehalf of a young woman who died in June 2018 from complications related to a back-alley abortion she procured in 2014.

Pregnancy - Rape - Defilement - Opinion - Profession

"Pregnancy resulting from rape or defilement, if in the opinion of a trained medical profession poses a danger to life or the health - that is physical, mental and social well-being of the mother – maybe terminated under ... sections of the constitution," said Justice Aggrey Muchelule, the Thompson Reuters Foundation reported.

The Standard, a Nairobi daily, reported that the judges ruled: “The apparent blanket prohibition of abortion in the penal code cannot stand while the Constitution gives the right to a woman to abort when their life and health are in danger.”

Kenyan - Constitution - Abortion - Circumstances - Cases

The 2010 Kenyan constitution made abortion legal in certain circumstances – in the cases of emergencies and when the woman’s health is in jeopardy.

The girl at the center of the case, known by her initials JMM, was raped in 2014 at the age of 15. In December of that year, her guardian was told by a relative that JMM was vomiting and bleeding heavily at a clinic where she had gone for treatment.

JMM - Staff - Abortion - Variety - Hospitals

JMM had told clinic staff she had procured an unsafe abortion and that she had been sent to a variety of hospitals for post-abortive care.

In 2015, JMM's mother, along with the Federation of Women Lawyers and the Centre for Reproductive Rights, filed a suit against the Ministry of Health claiming JMM was not provided with proper post-abortion care and calling on the government to provide access to safe abortions.

JMM - Kidney - Failure - June

JMM developed kidney failure, and died June 10, 2018.

The suit...
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