Thursday, May 21, 2020

The Legality Of Abortion For Women Essay - 3703 Words

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, â€Å"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, â€Å"Every person has the right to the highest attainableShow MoreRelatedWhy Abortion Is Immoral And Should Be Illegal1581 Words   |  7 Pagesnumerous other regions throughout the world, legislation regarding abortion has crossed the desks of lawyers, lawmakers, and potuses alike. Unsurprisingly, each country has its own opinions and laws on the matter, as well as differing rationale for why those laws must be upheld. However, what is not so different between cultures is t he negative stigma attached to abortion. Each woman I interviewed claimed that no matter the legality of abortion in their respective country, it was still a taboo and privateRead MoreSocietal Attitudes Toward Abortion : Public Opinion Varies Based On The Situation Surrounding The Pregnancy1606 Words   |  7 PagesSocietal Attitudes Toward Abortion Public opinion varies based on the situation surrounding the pregnancy. Whether it may be an unplanned pregnancy or a rape, the topic of abortion always receives different extremities of reactions. In situations where a privileged couple gets pregnant and simply does not have time for a baby and gets an abortion, the public may react differently than from a situation where a 15 year old girl is raped by her stepfather and gets pregnant. There appears to be a spectrumRead MoreAbortion Is A Controversial Topic1097 Words   |  5 Pages Abortion is a controversial topic and in 1973 (PBS.org), the United States court case of Roe v. Wade resulted in an unconstitutional ruling of abortions as illegal except when a mother life was in jeopardy. This case politically polarized citizens of the country, influenced debates and resulted in violence (PBS.org). The polarization of public opinions among citizens concerning abortions can be related to many factors. Some factors that can polarize citizens’ public opinions towards abortionRead MoreThe Situation And Discourse Of The Ottoman Empire1712 Words   |  7 Pageswas also a determining factor that led to the encouragement of woman to procreate and resulted in damnation of the practice of abortion. After the Russo-Ottoman War of 1877-78 there was widespread fear throughout the empire of a supposed decline in the Muslim population, and in 1890 Abdulhamid II instructed his officials to release a treatise that addressed the abortion issue and described it as being a hazard to Islamic and Ottoman society as a whole (Demirci 2008). The Muslim population was especiallyRead MoreThe Dark Side of America: Abortion1077 Words   |  4 PagesAmerica: Abortion In 1973, the Supreme Court case Roe vs. Wade affirmed the legality of a woman’s right to have an abortion under the Fourteenth Amendment of the Constitution. Since this ruling, over 55 million abortions (almost 1.5 million abortions) have occurred each year (studentsforlife.org). Defined by the Merriam-Webster Dictionary, an abortion is â€Å"the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus†. Abortion will continueRead MoreWomen s Reproductive Rights Essay1199 Words   |  5 Pagesis true, then why should a sixteen year old rape victim have to raise a child she didn’t plan for? Even women who aren’t ready to start a family or any other reason, shouldn’t have to. All women deserve true information and the access to safe and legal abortions. The case of Roe v. Wade is basically what started the political side of things. In 1969 a divorced Norma McCorvey was seeking abortion for an unwanted pregnancy. At this time, it was illegal in Texas so there was nowhere she could go. ItRead MoreThe Supreme Court Decision Of Roe V. Wade1376 Words   |  6 Pageswoman’s right to have an abortion, the arguments behind whether or not this decision was ethical have grown throughout society. Abortion is a procedure in which a pregnancy is terminated. According the the 1973 Supreme Court decision in which Jane Roe faced Henry Wade in order to declare her constitutional right to have an abortion, women should be offered the right to abortion as they are offered to right to free speech (Gold 7). New York became the only state whose abortion laws were liberal enoughRead MoreControversial Policies : Abortion : A Controversial Issue1064 Words   |  5 PagesMohamed Beheiry Stundent ID: 100163591 English 1302 – fall semester 2016 Controversial Policies: Abortion Abortion is one of the most controversial topics in United States history. According to the Guttmacher Institute, since 1973, roughly 50 million legal induced abortions have been performed in the United States† (Guttmacher). There are many reasons why women choose to abort their child; they cannot afford a baby, they are too young, they have been raped, they have been pressured by family toRead MoreIs Abortion Morally Wrong?1704 Words   |  7 Pagesdebates in today’s society is how the legalities apply to the process of abortion. In this debate, most people usually connect with either the â€Å"pro-life† argument, or the â€Å"pro-choice† argument. Before developing a position, it is important to understand both sides of the argument and weigh the consequences of each. The common ground between the two is often mistaken, making it difficult for people to find their position. People who support banishing legal abortions are usually referred to as â€Å"pro-lifersRead MoreMy Lady Parts My Jurisdiction1220 Words   |  5 Pageswoke up and thought, all my friends have had an abortion, I need to get pregnant so I can have one, too. If a woman has an unwanted pregnancy, something has failed her, badly. It might be rape [or incest], it might be a broken condom, it might be bad information on what prevents pregnancy. Or maybe the story about how she had too much to drink and instead of waking up to a hangover, like ever male in history, she woke up pregnant, said American women, Lauren Telesca. Pro-life or pro-choice? On one

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.