Legal Answer for a Socio-political Question: Informed Consent and the Limits of Judicial Relief for Obstetric Violence Cases in Kenya
摘要
The use of courts as a means of seeking justice for obstetric violence cases, particularly forced sterilisation during facility-based childbirth in Kenya, is on the rise. With increased advocacy and research on obstetric violence and respectful maternity care, more people are opting for the courts as avenues for seeking justice. Presently, litigation is one of the most highly utilised avenues for seeking redress and holding relevant parties accountable. However, doubts still exist on whether this route can contribute to reproductive justice. Additionally, the increasing number of people opting for litigation has made human rights lawyers and advocates a target of criticism for creating a hostile working environment for medical service providers. In light of the foregoing, this chapter explores how obstetric violence, specifically forced sterilisation and/or coerced sterilisation, as a gendered socio-political phenomenon, is linked to overarching socio-political policies and practices and must, therefore, move beyond litigation to be addressed. This research posits that to meaningfully address obstetric violence, particularly forced sterilisation, and achieve respectful maternity care, Kenya must adopt a health systems governance approach which is more holistic because it moves beyond individual blame and legal remedies. A health systems governance approach provides an opportunity to diagnose and respond to the structural conditions that produce violence and inequity in reproductive care. It draws attention to the role of systemic inequality in shaping people’s reproductive experiences and outcomes, which ultimately demands a multisectoral and multistakeholder approach to address.