Civil society organizations (CSOs) have challenged Ministry of health (MoH) on policy directions that impedes access of contraceptives to adolescents and young people saying constitutional provisions for reproductive health rights are either ignored, sidelined or rendered ineffective by MoH policies.
According to the CSOs, MoH policies are creating confusion around access to Sexual and reproductive health services (SRH) through policy directions that are inconsistent with the constitution therefore denying them fundamental rights and freedom, including the right to access reproductive healthcare independently.
According to Centre for reproductive rights the overlapping challenge of new HIV infections, adolescent pregnancies, and sexual and gender-based violence among young people impede Kenya’s progress toward achieving the United Nations’ sustainable development goals which can be prevented by enhancing access of contraceptives and family planning commodities to young people and adolescents.
Dr. John Nyamu- Founder and senior technical advisor Reproductive Health Network Kenya (RHNK) pointed out that unsupportive laws in the country has been reversing the gains to end the triple threat.
“There is a need to advocate for progressive laws that not only protect but also take into account the lived realities and reproductive health needs of adolescents and young people and that the government should collaborate with CSOs including in policy formulations informed by the realization that the policies and laws we have as a country can be and are a barrier to adolescent access to SRH services.
Martin Onyango-Associate Director for Legal Strategies at the Center for Reproductive Rights (CRR) said that Kenya has good laws from article 43 (1a) article 27 health act section 8 and 9 and section 4 of HIV aids act which give rights to access to SRH services but reproductive health policy which compels healthcare providers to have parental consent before giving out contraceptives is prohibiting access and utilization.
According to Martin Onyango failures to enable and empower adolescents to access comprehensive reproductive health care—including contraception, abortion and maternal health care is equals to abuse of fundamental rights saying anyone engaging in sex should have access to contraceptives. The Constitution of Kenya 2010 provides unconditional healthcare access, including sexual and reproductive health (SRH) services. However, the law remains unclear in terms of adolescents’ access to contraceptives.
“The confusion around children accessing contraceptives is a question of misdirection and confusion from the Ministry of Health in terms of lack of clear policy directives,” Onyango said adding, “that personal bias, culture and religion shouldn’t impede access to contraceptives as the Government has a responsibility and duty to offer these services irrespective of someone’s belief or ideology.”
While Ministry of health representative from the division of reproductive and maternal health Dr Jane Koech said that the ministry is finalizing SRH policy with two contentious issues delaying its release.
“We still have two issues not agreed upon one being at what age should family planning be introduced to young people and adolescents and second one being return to school policy after giving birth.”
Ending the Triple Threat of; New HIV infections, Gender Based Violence (GBV), and Teenage Pregnancy among Adolescents. population aged between 10 to 24 years old are reported to be highly vulnerable in the three triple threats.
Kenya is committed to end New HIV Infections among adolescents and young people by 2030, however adolescent girls face a myriad of Sexual and Reproductive Health (SRH) challenges. These include pregnancy, HIV and other sexually transmitted infections (STIs), Female Genital Mutilation (FGM), child marriage, drugs and substance abuse, Sexual and Gender-based Violence (SGBV). Overall, adolescents bear the brunt of adverse health, social, mental and economic consequences.
Adolescents constitute 24 percent of the population in Kenya. Nearly one-quarter of adolescents living in Kenya have an unmet need for family planning.
According to Onyango unmet need for family planning especially among adolescents and young people can lead to unwanted pregnancies which may lead to unsafe abortions, risks of sexually transmitted infections including HIV.