By Lisa MaryAnne
Access and enjoyment of the highest attainable standard of health including reproductive health is the right of all Kenyans despite age, color, sexual orientation.
In Kenya, The Constitution of Kenya, 2010 amongst other laws, policies, and frameworks guarantees the Right to the highest standard of health including reproductive health.
The East African Community (EAC) is a regional intergovernmental organization of 6 Partner States: the Republics of Burundi, Kenya, Rwanda, South Sudan, the United Republic of Tanzania, and the Republic of Uganda, with its headquarters in Arusha, Tanzania.
The work of the EAC is guided by its Treaty which established the Community.
According to Article 118 of the Treaty for the establishment of the East African Community, the partner states are required to take joint action towards the prevention and control of communicable and non-communicable diseases.
Also, to harmonize national health policies and regulations and promote the exchange of information on health issues in order to achieve quality health within the Community.
The East African Community Sexual and Reproductive health (EAC SRH) Bill, 2021 is one of the regional frameworks that aims to further advance and promote issues around reproductive health to all.
The object of this Bill is to protect and facilitate the attainment of the life- course sexual and reproductive health and rights of all persons in the Community; to provide for the progressive realization of integrated sexual and reproductive health information and services as part of the universal health coverage of each Partner State; to prohibit harmful practices from the Community and provide for related matters.
The Bill recognizes the obligation of Partner States under several international, continental, and Community frameworks, to respect, protect and fulfill the right to health by facilitating, providing, and promoting the highest attainable standard of health and providing measures towards the full realization of the right to health.
The Bill further seeks to strengthen the mechanisms to facilitate attainment by the Community of the goal to ensure universal access to sexual and reproductive healthcare services, including family planning, information and education, and the integration of reproductive health into national strategies and programs by 2030 as enshrined in the EAC Integrated Reproductive Maternal, Newborn Child and Adolescent Health Policy Guidelines, 2016-2030 and the EAC Sexual and Reproductive Health Rights (SRHR) Strategic Plan.
When the EAC SRH Bill is passed, the member states hope to achieve the following:
- Return to School for pregnant Adolescent: An adolescent girl or young woman who becomes pregnant, before completing her education, shall be given the opportunity with appropriate facilities, within a reasonable period after delivery, to continue with her education.
- Sexual Reproductive healthcare for men: Each Partner State shall offer provider-initiated information and develop programs that include reproductive health care services for men; for instance screening and treatment of disorders of the male reproductive system including sexual dysfunctions, infertility, urological diseases
- On issues around Termination of Pregnancy; A woman may terminate a pregnancy if, in the opinion of a health professional, there is a need for emergency treatment, the pregnancy endangers the mental or physical health or the life of the woman, in the case of sexual assault, rape, incest or as may be permitted by the law of a Partner State. Access to health and life-saving post-abortion care and treatment is also guaranteed to anyone who will require the service and the information.
- Prohibition of Harmful Practices that include child marriage, sexual exploitation, female genital mutilation, forced or coerced sterilization will be key to ensure that we are not losing adolescents and young people to harmful practices.
- Reporting and monitoring of provision of sexual and reproductive health services: Each partner State shall every two years, report to the Secretary-General the sexual and reproductive health services provided by that Partner State and the status of implementation of the provisions of this Act.
Lisa MaryAnne is a Sexual Reproductive Health Advocate.
