JMM was 14 years old when she was raped and became pregnant. She received an abortion from an unqualified individual in Kenya, resulting in devastating impacts to her health. At 18 years old, she passed away from kidney failure. Her case, presented by her mother with support from SOAWR members, focused on ensuring access to safe abortions for survivors of sexual violence in Kenya.
The Court held that pregnancies resulting from rape may be aborted if they pose a danger to the mother’s physical, mental, or social wellbeing. They also determined that training on safe abortions needed to continue, and that any other alternative was unlawful. To come to this decision, the Court referred to the Maputo Protocol, specifically Article 14, which highlights the right to safe abortion in the case of sexual assault, rape, incest, or when the pregnancy endangers the mother.
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