Introduction
This paper will explore the legality of abortion as a result of defilement in Kenya. The following are the areas I will cover:
I. What abortion is,
II. The legality of abortion as per the constitution of Kenya
III. International instruments on Abortion
IV. The church perception on the issue of abortion.
V. Problems with Article 26(4) of the constitution of Kenya
VI. Defilement
VII. Abortion as a result of defilement and the legality
VIII. What the constitution of Kenya states when abortion is allowed.
IX. The countries that allow abortion for minors who have been defiled case study Botswana and Ghana.
X. Recommendations that should be made in the legal framework
XI. Conclusion
Abortion
The term abortion has no statutory definition. However, legal dictionaries have defined the term. Abortion is defined as the artificial induced termination of a pregnancy for the purpose of destroying an embryo or fetus.
The legality of abortion has been provided for in the Constitution of Kenya 2010. Article 26(4) of the Constitution of Kenya 2010, “Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger or if permitted by any other written law”. Further, for safe abortion to take place the following articles must be put into consideration Article 43(1) (a) of the Constitution of Kenya provides that, “Every person has the right to the highest attainable
Some will say that induced abortion, regardless of the circumstances, should be made illegal, but they do not know if abortion is made illegal, they would still be performed, by unauthorised, unqualified practitioners in an unsafe environment. Resource, financial incompetence, legal restrictions and gender discrimination, forced some young girls and young women around the world to seek out untrained doctors who use unsafe methods to end the pregnancy, some of the methods used may include, swallowing bleach, drugs or induce bleeding which often results in fatal infections. Unsafe abortion
Abortion has always been a controversial subject among everybody whether they are involved directly or indirectly, whether they are for it or against it. It is nearly impossible to find someone who doesn't have an opinion about abortion. Both those who favor or oppose abortion make superior arguments to defend their beliefs and views. Personally, I think every last person is entitled to his or her own opinions, beliefs, thoughts, and rights. And yes, women have rights too, and denying women the right to choose abortion in the early stages of fetal development is denying her rights as a US citizen and is also discriminating against her. I think that abortion should be restricted to the first 21 weeks, which
When touching the subject of abortion, one must consider that there are two sides battling for control. That is right, abortion has literally turned into a war zone where even the unlikely of individuals do the unthinkable. Each side has their motives and methods for contradicting the other. For instance, there are cases and events that support both sides of this issue.
The issue of abortion has always been a controversial one for citizens of the United States. Abortion is the practice of terminating a pregnancy after the embryo has been planted in the uterus (Abortion). An individual’s stance on this controversial issue categorizes them into one of two very different groups. An individual who feels that a woman should not have an abortion- due to moral or religious views- is said to be “pro-life”. Coincidently, those who feel that a woman should have the right to choose abortion are said to be “pro-choice”. “Pro-life” supporters point to the practice of abortion as an immoral one. Supporters state abortion is immoral because it takes away the rights of the unborn fetus, since activists consider human
Before women had rights to decide whether they could keep their baby, some states didn’t allow abortion, therefore requiring women to give birth to their child. In today’s current issues, abortion is still a controversial subject with millions of people supporting it or not supporting it. Every woman has the right to make changes to her own physical body, and those rights should not be taken away, according to the constitution. In the very famous case in 1973, “Roe v. Wade”, the United States Supreme Court legalized abortion throughout the first trimester of pregnancy. In the article, “Roe’s Pro-Life Legacy”, it is explained how after this movement, the right to abortion, lives have changed and led to lower abortion rates (Sheilds 2013.)
There are pros and cons of abortion, which should be applied according to the level of economic power and individual circumstance. In my opinion regarding abortion from the view of public interest, it should be strictly regulated and apply to the
Yet, it is your duty to look after your baby. As Kant suggests, if you
“Excessive restrictions stigmatize women seeking abortions and discriminate against those who lack the knowledge and understanding of legal grounds for abortion and vulnerable groups, such as poor and rural women and girls” (Finer). Abortion is commonly known as a murderous crime in which a mother chooses to terminate her child, but I do not view abortion that way. Abortion is when a mother determines that she is not capable to raise a child at the moment. I believe that tougher abortion laws should not be passed because it should be a women’s basic right to her own body, also, many women do not have the financial resources it takes to raise a child, and either way women will still seek illegal ways to get an abortion with risky outcomes
The morality of induced abortion is one of the most controversial moral issues of our time. Abortion has grown to be one, if no the most, debated argument of modern times. In the following web-page, we will be discussing abortion in three of its major aspects: Public Opinion, Congress and Courts, and Interest groups.
What are the ethics of Abortion? I believe ethics of abortion is a controversial topic, in which it involves the act of removing a fetus from the womb of a woman’s body. This bioethical issue has been an ongoing debate for over forty years now. For many people, abortion is a moral issue, concerning the rights of a fetus and a woman’s right over her own body. What are your moral beliefs about abortion and a woman’s right to having one? I am a Pro-Choice supporter. I believe a woman has the right to make the ultimate decision on what she wants to do with her own body-safe and legally. However, I don’t believe that abortion should be used as a form of birth control or contraception. Society today, approaches discussions about abortion with caution; for many in society today, believe that it’s an act of murder and against all Godly ways. On the contrary, others like myself believe that under certain livelihood circumstances, the right to terminate an unwanted pregnancy should be a
This author has chosen to discuss the ethical issues of abortion. This is a highly debated topic that will exist amongst women. It is happening at high rates. “In 2013, 664,435 legal induced abortions
When faced with the choice of life or death, most people would choose to live. In fact, most would not want someone else making that decision for them. They would claim that as a living and independent entity it is solely their choice as to whether they continue to live or not. While this concept may seem fairly straightforward, there seems to be some great debate when it is applied to abortion. For many, they will maintain that the fetus has the right to life no matter the situation. There are some who will argue that abortion is morally permissible in specific circumstances and there are even those that will claim that abortion is always permissible. Why is there such a great divide? A major factor that plays a part in this is whether abortion involves more than one life. Because determining the beginning point of life is such a complex and emotional debate, there will be the same allowance in this paper as there was in Judith Jarvis Thomson’s “A Defense of Abortion”. As she eloquently put it “I propose then, that we grant that the fetus is a person from the moment of conception” (p. 721). This will allow for a look into the moral debate of abortion from a more grounded stage. As discussed early in Thomson’s paper, most of the debate on abortion rests on whether the fetus is alive or not. Whereas the focus should be on the many other aspects of pregnancies that may lead to a mother wanting an abortion.
Of all the legal, ethical, and moral issues we Americans continuously fight for or against, abortion may very well be the issue that Americans are most passionate about. The abortion issue is in the forefront of political races. Most recently the “no taxpayer funding for abortion act”, has abortion advocates reeling. Even though abortion has been legal in every state in the United States since the monumental Supreme Court decision, “Roe v Wade”, on January 22, 1973; there are fewer physicians willing to perform abortions today than in 2008. (Kraft) At the heart of the ethical dilemma for many in the medical profession is the viability of the fetus. And just to make this whole dilemma more confusing, according to the United States
One of the most controversial situations in the United States is abortion. A couple of decades ago when abortion was illegal, thousands of woman died for attempting to terminate the child’s life themselves or with unprofessional help. On January 22, 1973, in the Roe v. Wade case, Supreme Court legalized abortion in all 50 states. This has saved thousands of woman’s lives and should remain legal.
In Zambia abortions is illegal leading to an epidemic of botched abortions, therefore legal abortion should be instituted to protect the health and safety of the mother.