Teachers Service Commission

Teachers Service Commission v. WJ & 5 others

Court of Appeal of Kenya (2015)

Issue: Whether the Teachers Service Commission is vicariously liable for alleged acts of sexual abuse against two students.

Center Position: The state is responsible for sexual violence against minors in schools; schools must put in place measures protect students form violence and hold perpetrators accountable.

Case Summary: In February 2012, a petition was filed on behalf of two female students, known as W.J. and L.N., who were sexually abused by their teacher. The petition argued that W.J. and L.N.’s rights to health and education were violated and their abuse was not appropriately handled by school officials—who dismissed the teacher more than four months after L.N.’s guardian filed two official complaints on their behalf.  The Center for Reproductive Rights filed an amicus brief in the case, focusing on the consequences sexual violence in schools has on girls and the importance of immediate access to reproductive health services for survivors of sexual assault.  The Court of Appeal of Kenya held that the State and the Teachers Service Commission have a higher duty to exercise reasonable care so as not to expose children to dangerous elements within the school. The court further held that providing a safe learning environment does not only refer to infrastructure, but also ensuring the dignity of the child is not violated by their caregivers.

Petition E008

Petition E008

High Court of Kenya (2023) 

Issue: Whether access to abortion and reproductive healthcare services in Kenya is constitutionally protected and whether fetal rights supersede the rights of pregnant women and girls.

Center Position: The Constitution protects access to reproductive healthcare, including safe abortion in circumstances permitted by law. A fetus does not have a separate existence, and it can only exist within a mother’s womb; therefore, the interest to protect prenatal life must not override women’s rights to health, life, dignity, equality, and autonomy.

Case Summary: The Center for Reproductive Rights joined Petition No. E008 of 2020 as amicus curiae to provide the Court with national, regional, and international legal standards on reproductive rights and abortion. The Center argued that restricting access to safe abortion would undermine constitutional guarantees and increase unsafe abortions, maternal morbidity, and mortality. It further submitted that international and comparative jurisprudence recognizes that legal personhood generally begins at birth and that any protection of the fetus must not override that of pregnant women and girls. The Center urged the Court to uphold reproductive rights and ensure equal protection of the law for all women and girls in Kenya.

Maternal healthcare in Uganda

Advocating for respectful maternal healthcare in Uganda

High Court of Uganda (2024) 

Issue: Whether the detention of a mother and her newborn in a private hospital for failure to pay medical bills post-delivery violates their constitutional and human rights, including the rights to health, dignity, liberty, and freedom from cruel, inhuman, and degrading treatment. 

Center Position: The detention of women and newborns in healthcare facilities due to unpaid medical bills constitutes a violation of maternal and reproductive health rights and amounts to obstetric violence. The government has an obligation, including to regulate private healthcare facilities and prevent practices that undermine the rights to health, dignity, liberty, and family life.

Case Summary: A young mother and her newborn baby were detained at Roswell Women and Children Hospital in Uganda after the family was unable to fully settle medical bills following childbirth. The hospital separated the baby from the mother and denied her access to breastfeed, despite efforts by her husband to make payments and commit to clearing the outstanding balance. The petitioners challenged the detention as unconstitutional and a violation of fundamental human rights. 

The Center for Reproductive Rights and the Initiative for Social and Economic Rights (ISER) successfully applied to participate in the case as amicus, providing expert legal analysis on Uganda’s domestic, regional, and international obligations regarding patient detention, maternal health rights, and state regulation of private healthcare facilities. 

Gender Equality Act

Interpretation of Malawi’s Gender Equality Act (the “GEA”)

High Court of Malawi (2025) 

Issue: Whether girls who become pregnant as a result of rape or defilement have a right to access safe abortion under Malawi’s legal framework, including the Gender Equality Act and the Penal Code.  

Center Position: Access to sexual and reproductive health services includes access to safe abortion for survivors of rape and defilement. Malawi’s legal provisions allowing abortion to preserve a woman’s life and physical or mental health should be interpreted broadly to include cases involving rape survivors, particularly adolescent girls. 

Case Summary: The Center for Reproductive Rights sought admission as amicus curiae in a case brought by a minor survivor of sexual violence against several state actors in Malawi. The case raised important questions regarding the interpretation of the Gender Equality Act and whether Malawi’s laws adequately protect the sexual and reproductive health rights of girls who become pregnant because of sexual violence. The Center argued that Malawi’s legal framework should be interpreted consistently with its international obligations, international human rights standards, and comparative jurisprudence, ensuring that survivors of sexual violence can access safe abortion services, including when the pregnancy threatens their physical and/or mental health.

The Center’s admission as amicus curiae was a significant win for reproductive rights and girls in Africa. It reinforced the Center’s position as a leading regional expert on sexual and reproductive health and rights, strengthened advocacy for survivors of sexual violence, and advanced efforts to promote healthcare accountability, combat stigma and discrimination, and support legal and health system reforms in Malawi.