Joint Statement by CSOs Working on Adolescent Sexual and Reproductive Health and Rights Challenging Utterances Undermining the Right to Access Education for Pregnant Learners in Kenya
“The right to education… is an essential right for children, which has a long-lasting effect on the well-being of children. Education determines the future of children… The obligation of States to respect the right to education entails that States should not interfere with the right to education of girls, rather they should provide enabling policies, allocate budgets and fulfil the right to education of girls.”
—African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
Civil society organizations (CSOs) in Kenya firmly oppose statements made by Governor Kenneth Lusaka calling for the ban of pregnant learners from school. This regressive viewpoint threatens the guaranteed constitutional rights of girls including the right to be free from discrimination and access to education. It also directly contradicts the national guidelines on school re-entry in early learning and basic education (2020), which guides to ensure learners who become pregnant are allowed and supported to continue with their education. In a subsequent public address, Governor Lusaka wrongfully called on members of parliament to reconsider the legislation prohibiting schools from testing girls, suggesting that revisiting the law might aid in addressing the surge in teenage pregnancies within educational institutions.
The statements not only contradict established provisions under the constitution and national guidelines but also counter the standards set by the Africa Regional human rights mechanisms on the issue of the rights for pregnant learners to access education. The African Committee of Experts on the Rights and Welfare of the Child (ACERWC), in a groundbreaking decision in the case filed by the Legal and Human Rights Centre and Center for Reproductive Rights against the United Republic of Tanzania ruled on September 15, 2023, that the practice of expelling pregnant students from school violated adolescent girls’ human rights. The case challenged discriminatory policies such as mandatory/forced pregnancy testing, expelling pregnant adolescent girls from school, illegally detaining pregnant adolescent girls, completely banning adolescent girls from education post-childbirth, and failing to enable adolescent girls’ access to sexual and reproductive health (SRH) services and information.
African values and morals should not be twisted to justify harmful practices against children or violations of human rights, such as denying education to girls. The expulsion and ban on re-entry for pregnant and married girls only perpetuates the negative societal attitudes they face, including stigmatization and segregation, which are unfortunately prevalent in many African communities. The Committee firmly advocates for education to be a tool for challenging and changing these harmful attitudes, rather than reinforcing or accommodating them.
Defending the Right to Education for Pregnant Learners
Current national data shows a spike in teenage pregnancies and new HIV infections amongst adolescents. According to the 2022 Kenya Demographic and Health Survey (KDHS), 15% of girls aged 15-19 have been pregnant. Teenage pregnancy in Kenya declines as the level of education increases, from 38% for women with no education to 5% for women with more than secondary education. Adolescent girls and young women are particularly vulnerable and account for 78% of new HIV infections among adolescents and young people of the same age (National HIV Estimates 2023).
“Every child has the right to education, and expulsion or denying pregnant girls the opportunity to resume their studies only sustains the unrelenting cycles of poverty, discrimination, and inequality.”
—Salima Namusobya, Vice President, Africa, Center for Reproductive Rights
We firmly believe that access to education is a critical component of ensuring adolescent sexual and reproductive health rights (ASRHR) are upheld. Attempts to bar adolescent girls from school based on their pregnancy status undermine the progress made in advancing reproductive health rights in Africa. The statements not only infringe upon the right to education but also risks exacerbating the already existing challenges faced by girls and women, including increased sexual and gender-based violence, vulnerability to poverty, limited economic opportunities, and heightened health risks.
We call on all political leaders to align with the constitution and national guidelines and regional and international human rights standards that recognize the importance of ensuring pregnant learners are not denied their right to education. We encourage national and county government leaders to urgently develop and implement special programs that provide adolescent sexual education and friendly sexual reproductive health (SRH) services to ensure the well-being and rights of all adolescents.
For further inquiries, please contact:
Rose Mwelu Mutisya, Senior Campaigns and Communications Manager, Africa, Center for Reproductive Rights
