On 1st April, the Kenyan parliament approved a new draft constitution which, among other things, promises more power to the people and greater respect for the rights of women and children. It also contains some clauses which directly threaten the life of the unborn, and this has already become a major issue in the run-up to a national referendum, planned for July 2 nd. During our live ‘Doctors on Call' show last Sunday, the panel touched on the issue but did not come to a conclusion. Dr. Gikonyo, a renowned cardiologist, said that abortion should have been left out of the constitution and an independent committee given the mandate to properly look into the subject.
On her part, Dr. Kihara said that “abortion is senseless death”. She believes that only if doctors certify that the pregnancy puts the mother's life in immediate danger should abortion take place to save her. Some people in the audience argued that if that is the case, then it should not be termed as abortion but “emergency operation”.
We have had such heated debates on the issue for quite a while now. Some people want it legalised while others want it outlawed. But what exactly is abortion? Why and when should it be carried out? The constitution does not satisfactorily answer these questions and that is why there is so much confusion. The document says that abortion can take place only if the life of the mother is in danger.
Don't you think Kenyans know what is good for them and should be left to do what they want, thus making abortion a personal choice? Women are being told instead of aborting the baby they should give it up for adoption or take it to children's home. But how easy is that in Kenya today?
Note that the new draft, Section 26, reads: “Every person has a right to life, and that life begins at conception.” This is contradicted in the next section which allows abortion when, in the opinion of a trained health professional (not necessarily a physician), there is need for emergency treatment, or the life or health of the mother is in danger or if permitted by any other law.
According to a recent report, the criminalization of abortion in Kenya, together with the stigma and shortage of legal post-abortion care, lead to the deaths of hundreds or possibly thousands of women each year due to complications of unsafe abortions. The question is, if Kenyans are given a chance to decide what to do, would these deaths reduce?
