Human Rights Council - 60th Session
Item 6: Adoption of Universal Periodic Review - Kenya
Thank you, President.
Action Canada makes this statement on behalf of the Network for Adolescent and Youth of Africa, Right Here Right Now Kenya, the Sexual Rights Initiative and CHOICE For Youth and Sexuality.
We commend Kenya’s acceptance of key recommendations on sexual and reproductive health and rights, including the commitment to expand family planning services, strengthen maternal health services, ensure access to emergency obstetric care, and reduce maternal mortality.
We welcome Kenya’s commitment to enhance public awareness of sexual and reproductive health in tandem with providing youth-specific services. This is a critical step to addressing key SRHR challenges affecting young people, including unintended pregnancies, unsafe abortion, HIV, and sexual violence.
However, we are concerned by Kenya’s decision to note the recommendation to amend the Penal Code to decriminalise and legalise abortion. Despite the provisions of Article 26(4) of the Constitution of Kenya, 2010, which permits abortion under certain grounds, women are still denied access to abortion in Kenya due to a lack of a clear legal and policy framework.
The Courts in Kenya have ruled that forcing women to carry an unwanted pregnancy to term or forcing them to seek out an unsafe abortion is a violation of their human rights, including the rights to privacy and to bodily autonomy. We welcome the efforts by the National Committee on Criminal Justice Reforms to review the Penal Code and align it with the Constitution, and urge the state to fast-track the process to repeal all unconstitutional, discriminatory and regressive provisions.
We call upon the Kenyan government to work with civil society, including youth-led organisations, to develop, resource, implement and monitor the Implementation Matrix for these recommendations and commitments.
Thank you.