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Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613447913472000 |
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| access_status_str | Open Access |
| author2 | Budoo-Scholtz, Ashwanee |
| author_browse | Budoo-Scholtz, Ashwanee |
| author_facet | Budoo-Scholtz, Ashwanee |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/99102 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:18.085Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/99102 Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya Budoo-Scholtz, Ashwanee anneteopiyo26@gmail.com Opiyo, Annet Achieng UCTD Emergency contraceptives Reproductive health rights Intersectionality Reproductive justice theory Refugee woman Sustainable Development Goals (SDGs) SDG-03: Good health and well-being Law theses SDG-03 SDG-05: Gender equality Law theses SDG-05 SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024. This dissertation focuses on discussing the access and usage of emergency contraceptives among refugee women as a human rights issue. The study incorporates the intersectionality and reproductive justice theory to explain the barriers to access and usage of emergency contraceptives among refugee women and demystify the concept of choice. It highlights the refugee women’s exposure to sexual violence during a flight from their home country and settlement in the host country as a justification for the provision of emergency contraceptives. Besides, failure to provide access to emergency contraceptives has a grave impact on refugee women’s reproductive health. The study proceeds to evaluate the extent to which emergency contraceptives are available to refugee women residing in Kenya. Notably, access and usage are limited because of the cultural, religious, economic, informational and institutional barriers that occur. Despite the existing barriers, the study acknowledges the existence of legal and statutory frameworks that hold Kenya accountable for actualising the mandate. Invoking article 2(6) of the Constitution of Kenya, the global and regional laws Kenya has ratified on reproductive rights form part of her laws. However, the finding in this research is that despite the existing legal frameworks at the national, regional, and international levels, implementation remains a mirage. This research proposes two mechanisms, advocacy and professional accountability, to strengthen health systems as a mitigation to the existing barriers and limited implementation. The advocacy initiatives discussed include policy and budget advocacy, community advocacy, legal advocacy through strategic litigation, and media advocacy. With regard to professional accountability, the study relies on the Hippocratic Oath and provisions entrenched under the Health Act Kenya to ensure medical practitioners adhere to the set duty of care to refugee women accessing reproductive health services. Finally, the study recommends the incorporation of an intersectionality theory in the Kenyan legislative process aimed at advancing reproductive rights and access to emergency contraceptives for refugee women. Lumping all women in one category leads to limitations in advancing this right as it fails to consider the unique barriers and challenges refugee women face. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws 2024-11-18T08:20:17Z 2024-11-18T08:20:17Z 2024-12 2024-08 Mini Dissertation * D2024 http://hdl.handle.net/2263/99102 Disclaimer letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Emergency contraceptives Reproductive health rights Intersectionality Reproductive justice theory Refugee woman Sustainable Development Goals (SDGs) SDG-03: Good health and well-being Law theses SDG-03 SDG-05: Gender equality Law theses SDG-05 SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya |
| title | Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya |
| title_full | Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya |
| title_fullStr | Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya |
| title_full_unstemmed | Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya |
| title_short | Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya |
| title_sort | refugee women s access to and use of emergency contraceptives as a reproductive health right in kenya |
| topic | UCTD Emergency contraceptives Reproductive health rights Intersectionality Reproductive justice theory Refugee woman Sustainable Development Goals (SDGs) SDG-03: Good health and well-being Law theses SDG-03 SDG-05: Gender equality Law theses SDG-05 SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/99102 |