Abstract:
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.
