Maternal healthcare rights for women with disabilities in Uganda and Kenya: A comparative review of legal and policy frameworks.

Abstract

The study makes a comprehensive comparative review and analysis of legal and policy frameworks for the realization of maternal healthcare rights of women with disabilities in Uganda and Kenya. In this respect, the researcher embarked on establishing and analyzing the efficacy of legal and policy frameworks, establishing the contradictions that exist between the two country’s human rights commitments and obligations and their treatment of women with disabilities; making a comparative analysis and drawing some lessons for Uganda from Kenya, and advancing proposals and practical solutions to ensure equity. This study is mainly a legal doctrinal analysis. It consists of a critical legal, policy and historical examination of the relevant documentary materials, jurisprudence and frameworks, which are in line with the study objectives. In terms of methods of investigation and the handling of data, the study is mainly qualitative, as it is a doctrinal and historical analysis not an empirical one. The information obtained was not coded and tabulated as data, considering the nature of the study, but was analysed and quoted. The key findings of the study reveal that Kenya is doing much better than Uganda (especially with an explicit provision on SRHR in Kenya’s Constitution of 2010) in providing maternal healthcare to women with disabilities, both in legal and policy frameworks. Even though laws in the two countries illustrate that women with disabilities are entitled to the same SRHR as their peers without disabilities, the research reveals consistent violations of these rights in communities. Considering these violations, proposals and solutions to ensure equity have been advanced and they include: (i) reforming national laws and policies (ii) adhering to international standards (iii) ending stigma and discrimination (iv) inclusion and participation of women with disabilities (v) transforming norms into reality (vi) decriminalizing abortion (vii) adopt twin-track approaches (viii) employ context and identity specific approaches (ix) capacity development and awareness-raising (x) disability and gender specific budgeting (xi) monitoring and evaluation (x) comprehensive sexuality education (xii) data collection and research (xii) participation and inclusion of civil society.