Doctor opposes life clause in draft

BY BERNARD MOMANYI
Updated : 205days and 19 hours and 11 minutes ago

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NAIROBI, Kenya, Feb 8 - Experts say they are opposed to the inclusion of a clause in the draft Constitution stating life begins at conception, because it will have far-reaching implications.

Dr Joachim Osur, a Reproductive Health expert told Capital News that if left to pass, the clause may lead doctors to fear attending to women with pregnancy complications even when it is life threatening.

“If you put such a statement in the Constitution, it therefore means that when women come bleeding with spontaneous abortions they will be turned away because no one wants to be accused of murder,” he said.

In an interview with Capital News on Tuesday, Dr Osur said that “even when women come with ectopic pregnancies (because this has been given equal rights as any other human life), doctors will not treat them because they will say the ectopic pregnancy has rights like a human being, they will not treat them.”

Dr Osur said he prefers the recommendation by the Committee of Experts (CoE) which had stated that “everyone has a right to life.”

He said the best way to deal with the issue is to have the recommendation by the Committee of Experts included in the final constitution and an Act of Parliament enacted to deal with the details.

“The first draft by the CoE was quite fine according to us because what they said gives us room to go ahead after the Constitution is enacted to now develop a Bill, an Act of Parliament that stakeholders can give their input,” he said.

In such a situation, he said, churches, medical doctors and other players will have a chance to give their contribution to reach consensus.

Dr Osur who is also a member of a task force appointed by the Attorney General on Sexual Offence Act said the matter has generated a lot of concern from medical practitioners and experts who are mainly worried about the safety of women who may seek treatment as a result of complicated pregnancies.

Comments (14) posted

kelly (February 11th, 2010, 4:53 PM)

@ Oscar O- Even if life begins at conception this does not need to be defined in the Constitution.Surely!!Abortion as well shouldnt be discussed in the constituion (theres something called An Act of Parliament which can have this). otherwise we should have other diseases discussed in the draft as well. The realities in Kenya are that 80% of healthcare is provided by nurses so a nurse wanting to help a woman whose life is at risk CANT. Does this sound right to you! U know very well there are fewer docs then nurses. In rural areas access to healthcare can be a dream let alone seeing a doctor!!Eduvate urself on this matter a lil bit. U'll learn alot!! Oh, so you're 80% (u think) so the rest 20% who are thinking differnt do not matter to you?! Why ru looking down on the minorities?!The woman who may have been raped/defiled even if it is just one case. My point is those promoting this restrictive law are driven what THEY think/feel about this matter. That is more important to them that one woman who decides to have an abortion and dies in the hands of quacks (its no big deal eh? si amejitakia!!). This is disgusting to say the least. Why should we condemn a woman to death even if we feel what she's doing is wrong!! Hakuna dhambi ndogo au kubwa!! U too are not dead just coz ur condemning others to follow ur lifestyle even though their actions dont affect u!! If u think its wrong, thats ok but dont force someone elese to follow ur way coz its the 'right' way. Ata salvation ni choice...no one forces u into it and the consequences thereof are ur own. Ama are all unsaved people dead coz their not saved or the sun doesnt shine on them also?? Lets be driven by love and not a condemnation attitute!!

dorothy (February 11th, 2010, 4:35 PM)

Ok, then life begins at conception even though some dont agree with it. Does it make it ok for us to impose this idea on others. I mean who gives us the right to decide for a woman somewhere else what she should do with her pregnancy?!!! cant she decide for herself coz it has no consequence to ur life but on hers either way u decide! If abortion is made illegal, the woman wont access proper services and will risk her life doing it. Has it helped u that she is dead or suffering from abortion related complications. Or does it stroke ur ego that the law should be just according to YOUR own thoughts or beliefs about it. Scenario 2: it is made legal and now when she accesses it she wont have to die in the process. that is a life saved. Its ok to believe in what u believe in but what makes u think it is ok to impose ur feelings/thoughts upon another woman. If u only new.....unsafe abortion is a disease of the poor and they're the ones dyeing. Those with money can access it now in private hospitals. Why do the poor and marginalized always have to be trampled on!!! Lets open our eyes to the realities and let the women decide!!

Petro Muluha (February 10th, 2010, 11:06 AM)

As Bradley says, this is not about religion guys ... a foetus is not some something like a cold, or virus. a foetus is a sign of health my friends. pregnancy is a healthy thing. What people should do is not get themselves into the situation where they are forced to make such decisions. what about rape? a valid point for discussion; but again, I believe that we have a human being there, so a point to discuss. there is nothing about borrowed religions in all this, it has been very african before the so called religions.

Nogman (February 09th, 2010, 10:45 PM)

By the way! who are these so many women that are dying coz of restrictive Kenyan laws. I haven't heard of any cases in and around my village, neither in my estate in Nairobi. It simply tells us that the cases are rare and can be catered for where the life of the mother is in danger. I dont support termination of life. Please maintain the clause

oscar O. (February 09th, 2010, 10:38 PM)

The one thing we are not going to do is to legalise abortion. Please also note that you can't change the truth, life begins at conception, that's the truth. There are very few cases where a foetus (baby) is a threat to a mothers life. There can be provisions to cater for such cases after all. Kenya will not go the path of self destruction as we watch. We will reject the draft if that is the path it is taking us until the day we agree on this basic truth. LIFE BEGINS AT CONCEPTION. and you know what? we are 80%

Mdodo (February 09th, 2010, 10:16 PM)

It is amazing how these religious zealots run to the doctor when they get a cold but wont listen evidence based recommendations. Thousands of young girls in Kenya die every year from abortion. Most of them are christians. What is it with Africans and borrowed religions? Kindly remove religion from our constitution and let reason prevail.

Bradley Kisia (February 09th, 2010, 5:55 PM)

There is no need to belabour my point. However I am on the opposing side of the titles and I don't feel there has been any article about this issue that does not put me on the defensive. Here are the titles far in two weeks! + http://www.capitalfm.co.ke/news/Kenyanews/Kenyan-lobby-warns-over-abortion-clause.html + http://www.capitalfm.co.ke/news/Kenyanews/Kenyan-minister-backs-abortion.html and now + http://www.capitalfm.co.ke/news/Kenyanews/Doctor-opposes-life-clause-in-draft.html All these, with the stories that they contain will put the pro-life people on the defence. I feel there is a bend towards pro-choice in all the above. Enough said - I believe that human life begins at conception. I am not making this a religious issue, I am not making it a simplistic issue, I am giving my premise for discussion. Let us discuss and not assume it is only the religious who have the same point of view.

toweet (February 09th, 2010, 4:39 PM)

If pregrenancy is danger to the Mother it should be terminated to avoid loosing the mother and foetus.

kate (February 09th, 2010, 4:36 PM)

Bradley, if you read the story on Kenyan Minister supports abortion you will realize there are two sides of the story. Also the one on kenyan lobby warns over abortion clause is of the pro-life

Bradley Kisia (February 09th, 2010, 4:05 PM)

Life begins at conception. This has to be the basis of the discussion. The situations the doctor is talking about are not many, in fact they are infinitesimal. Why can't Capital FM also give the other side of the story; ie those who are for the inclusion of life from conception. Three times now there has been a story on abortion and three times it has been on the side of the pro-choice people. Let us be fair in this discussion and the news articles we put up. I am sure this point may not be approved, but I have said my piece.

teddy (February 09th, 2010, 4:04 PM)

Im glad to see that many people are realistic about this matter and have opened their eyesto the issues as they are. Do the church leaders think that their congregants are not affected in some way by unsafe abortions. They will be in shock!! Even if they think its wrong does it mean they should impose their views on others?!! How does it really affect them?! Why are they so passionate about this and are not soo passionate about speaking against a teacher who impregnated a girl in Makueni??? let us not be misled. i agree with a previous comment that the individual is responsible for their actions. Are church leaders respionsible for all those who dont believe in their faith?!!I dont think so. All they can tell them is this is the way to life, whether they choose to believe it or not is upto them. Stop the religious fundamentalism and double standards likethe issue about Kadhi courts. Let me not even start about the Kadhis courts coz what Muslims are doing/have done is the same thing the Catholic leaders are doing by imposing their beliefs at the expense of women.

Hope (February 09th, 2010, 3:47 PM)

What will happen to the nurses in Kenya. They're the ones who handle 80% of healthservices in Kenya. Wont they be fearful of helping even a woman whose life is at risk and in need of a safe abortion?!! The clause that only medical practitioners are allowed to carry out this procedure out is unrealistic in the Kenya we're in. Let us not bury our heads in the sand...the relaities according to Daktari is that 60% of beds are occupied by people who've had abortion complications. Lets be realistic and know that this wont change tomorrow. let us not join hands wiith quacks in killing women. This is what some are doing indirectly!!

davidombam (February 09th, 2010, 3:27 PM)

Let the women decide on this matter! NOT any other group. In anycase such details should be in an Act of Parliament not the Constitution. The clause that life begins at conception should be removed. Why should we risk the lives of women because of one religion's views? The current law is responsible for the loss of over 2600 lives yearly! surely what point is ther in loosing the fetus and mother! its better one life is saved. The current law is only promoting quack business. Its time to save our dear sisters, mothers, daughters, wives and neighbours. Its a shame that religious fundamentalists is taking root is showing its face in the making of a constituion. Shouldnt they first advocate that Kenya becomes a Xtian state if they're truly motivated by what they believe in!!I am a Christian but feel that everyone should have the right to choose what is right for them because even God gives every human being a choice to do good or evil. Whatever ones predisposition on this matter could be....the ultimate choice remains on the individual because they are the only ones who suffer the consequences. Let the choice be left for the woman!

lucychebet (February 09th, 2010, 3:14 PM)

I agree with doctor 100%. there is no consensus among all faiths in Kenya that life begins at conception. This clause should be left out of the draft. PLEASE stop this!!women are dyeing at the expense of restrictive nature of Kenyan laws! What sense is ther in losing the fetus and mother together? That clause is discriminatory against women in the favour of one religious group. This is not the Kenya we want!!

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