On 22nd and 26th November 2024, KELIN held a consultative meeting in Nairobi, Kenya on obstetric violence with legal practitioners, medical officials and community members to address the troubling increase in obstetric violence cases in the country.
Obstetric violence is the abuse and mistreatment of women especially by healthcare personnel during pregnancy, childbirth, or post-natal care. It constitutes a grave violation of women’s rights including their sexual and reproductive health rights. Obstetric violence is part of the continuum of violations that occur in the wider context of structural inequality, discrimination and patriarchy, and is considered a prevalent yet underrecognized form of discrimination against women. These practises undermine women’s autonomy on decisions about their sexual and reproductive health and the traditional conceptualization of motherhood.
Obstetric violence manifests in varied forms including verbal and physical abuse, coercive or unconsented medical procedures, breaches of confidentiality, failure to get informed consent, detention of women in healthcare facilities, over-medicalization, disrespectful treatment, delays in providing essential care amongst other violations.
To effectively address obstetric violence, KELIN strongly believes that a multi-pronged approach centered on legal, medical and social interventions is necessary. To strengthen existing constitutional provisions on the bill of rights, it is critical that Kenya enacts explicit laws prohibiting obstetric violence and robust mechanisms to report and investigate cases. Additionally, training healthcare providers on respectful maternal care, informed by empathy and cultural sensitivity, is crucial. Comprehensive medical guidelines and standards must also be established by relevant Health Authorities, focusing on consent-driven and patient-
centered practices. Equally important is the need to raise awareness in the community and encourage citizens to speak up when violations occur to push for reforms and accountability.
KELIN has successfully litigated cases aimed at protecting protecting women from obstetric violence, including cases where petitioners underwent forced and coerced sterilization in L.A.W & Another vs Marura Maternity and Nursing Home & Others Petition 606 of 2014 and Petition 605 of 2014, SWK & Others vs MSF France & Others. In these landmark cases, the court found that the forceful sterilization of women living with HIV was a violation of their human rights, affirming that every woman has a right to choose when and how many children they could have. However, the court did not make any findings against the state on its obligations in due diligence to prevent obstetric violence or protect victims. The State has a clear obligation under Article 21 to take legislative, policy and other measures, including setting of standards, to achieve the progressive realization of the rights guaranteed under Article 43.
Eliminating obstetric violence is more than a healthcare issue, it is a matter of gender justice and human rights. With collaborative efforts spanning legal, medical, and social sectors, there is hope for a future where every woman experiences maternity with dignity, care, and respect. As one of the participants from the community meeting stated, “We have a great task ahead of us. These rights violations must not persist, but we are moving in the right direction. It starts with understanding the different forms of obstetric violence and then advocating for meaningful reforms.”
To contribute to the discussions on this forum, follow KELIN on our website and social media platforms. Website: www.kelinkenya.org Facebook: http://www.facebook.com/kelinkenya
Twitter(X): @KELINKenya.
For more information please contact:
Melinda Mugambi,
Strategic Litigation. Email: melindamugambi@kelinkenya.org
