dc.description.abstract | Generally, it is held and accepted globally that the Right to Health is a human right and as such it
should be provided to all persons indiscriminately. The Constitution of Kenya under the Bill of
Rights in Chapter Four Article 43 (1) (a) provides that every person has the right to the highest
attainable standard of health including the right to health care services which include RH care.
Although this right has been provided for in the constitution, nonetheless, the Kenyan
government has opted to realize this right without proper timelines and strategies to ensure that it
is eventually realized for every Kenyan. With specific reference to women‟s reproductive rights,
the current implementation has led to an increase in maternal deaths, the continued unavailability
of RH services and even rises in cost in some instances.
This Research Project will seek to trace and lay out the various International and National Laws
and Policy Frameworks in a bid to identify the hierarchy and importance of women‟s right to RH
care. The paper will also seek to outline and identify the effects of the implementation of the
right to RH care in Kenya through an analysis of three RH areas namely; maternal care, access to
contraceptives and the right to access safe abortion within the parameters of the law. Finally, the
project analyses practices of two countries that have constitutionalized and judicialised the right
to RH care in order to draw lessons from their contexts.
By drawing from this evidence, readers will be able to comprehend whether the current
implementation of Article 43 (1) (a) of the Constitution of Kenya results in the discrimination for
women and girls of reproductive age or is intended to promote their RH and realise their right to
RH care. | en_US |