KENYA-ABORTION-TBs-CCPR

Concluding Observations on Report 4 (2021) (Link)

Voluntary termination of pregnancy and sexual and reproductive rights

20. The Committee is concerned that while article 26 of the Constitution allows for voluntary termination of pregnancy in limited circumstances, articles 158–160, 228 and 240 of the Penal Code criminalize acts relating to the provision of abortion services. The Committee is also concerned about the Government’s withdrawal in 2013 of the standards and guidelines for reducing morbidity and mortality for unsafe abortion and their failure to reinstate them following the High Court ruling in 2019 finding their removal to be unconstitutional. It is similarly concerned about the withdrawal in 2017 of the National Guidelines on Management of Sexual Violence and the lack of clear policies and guidelines on access to termination of pregnancy in cases of sexual violence. The Committee also notes with concern that parliamentary attempts to enact the Reproductive Health Bill of 2019 have been unsuccessful (arts. 6 and 17).

21. Bearing in mind paragraph 8 of the Committee’s general comment No. 36 (2018) on the right to life, the State party should take steps to ensure clear and harmonized laws, policies and guidelines to govern access to safe and legal termination of pregnancy, as permitted under article 26 of the Constitution, including in cases of pregnancy resulting from sexual violence. Those steps should include expeditiously enacting the Reproductive Health Bill of 2019, repealing articles of the Penal Code criminalizing abortion, and reinstating both the standards and guidelines for reducing morbidity and mortality for unsafe abortion in Kenya and the National Guidelines on Management of Sexual Violence. It should also consider widening access to safe and legal termination of pregnancy.

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Concluding Observations on Report 3 (2012) (Link)

[no mention]

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Concluding Observations on Report 2 (2005) (Link)

14. The Committee expresses concern about the high maternal mortality rate prevalent in the country, caused, inter alia, by a high number of unsafe or illegal abortions (article 6 of the Covenant).

The State party should adopt measures to improve access to family planning services for all women. It should review its abortion laws, with a view to bringing them into conformity with the Covenant.

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Concluding Observations on Report 1 (1981) (Link)

[no mention]

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