{"id":6157,"date":"2024-06-21T12:32:39","date_gmt":"2024-06-21T16:32:39","guid":{"rendered":"https:\/\/www.law.georgetown.edu\/human-rights-institute\/?page_id=6157"},"modified":"2025-05-12T11:07:53","modified_gmt":"2025-05-12T15:07:53","slug":"prudence-mutiso-litigating-for-womens-rights-in-africa","status":"publish","type":"page","link":"https:\/\/www.law.georgetown.edu\/human-rights-institute\/careers\/hoyas-in-human-rights\/prudence-mutiso-litigating-for-womens-rights-in-africa\/","title":{"rendered":"Prudence Mutiso: Litigating for Women\u2019s Rights in Africa"},"content":{"rendered":"

Prudence has been a longtime advocate for human rights. Since starting her first human rights job in 2013 with <\/span>the CRADLE<\/span><\/a>, a leading organization in Kenya that advances child protection and child justice, Prudence has not looked back. \u201cI found my niche,\u201d she says, \u201cand I discovered that I want to focus on human rights\u201d as a career. From there, Prudence continued her work combating sexual violence against children with the <\/span>International Justice Mission<\/span><\/a>, providing legal representation to children in Kenya and ensuring that \u201ctheir voices were heard in court.\u201d\u00a0<\/span>\u00a0<\/span><\/p>\n

Georgetown Law was a turning point in Prudence\u2019s career and human rights focus. Whereas she \u201cused to be all over the place with human rights,\u201d Prudence credits the <\/span>Leadership and Advocacy for Women in Africa (LAWA) Fellowship<\/span><\/a> led by Professor Jill Morrison with helping her narrow her focus to women\u2019s rights. \u201cThat fellowship changed my life and marked a turning point in my human rights career,\u201d she explains. \u201cListening to fellow LAWAs and hearing about the kind of issues that women were dealing with in Africa ignited and sparked something in me that made me want to concentrate on women\u2019s rights.\u201d Overall, Prudence says, \u201cthe opportunity that it afforded me to network with fellow human rights lawyers from Africa and work towards getting my LL.M. was life changing and gave me a great perspective that I\u2019m going to use in years to come.\u201d\u00a0<\/span>\u00a0<\/span><\/p>\n

Advancing Sexual and Reproductive Health and Rights in Africa through Impact Litigation<\/span><\/b>\u00a0<\/span><\/p>\n

Prudence\u2019s current work focuses on impact litigation to decriminalize abortion, protect maternal health, and promote the evolving capacities of adolescents to make decisions about their sexual development. The cases that she has led or supported in Kenya, Uganda, Tanzania, Nigeria, Rwanda, Malawi, and Zambia have aimed to dismantle vestiges of colonialism embedded in penal codes across Africa and in promoting the sexual and reproductive health and rights of countless women and adolescents across the continent.\u00a0<\/span>\u00a0<\/span><\/p>\n

On abortion laws, for example, Prudence explains that many of the countries she works in have a connection because they are former British colonies that have adopted the United Kingdom\u2019s 1861 Offenses Against the Person Act, a law which criminalized abortion in\"Prudence nearly all circumstances. The law\u2019s ban on abortion has since been repealed in the United Kingdom, but it is still on the books in several former British colonies, subjecting women and girls to the threat of life in prison for seeking to terminate a pregnancy. Prudence employs international human rights law, such as the Protocol to the African Charter on Human and Peoples\u2019 Rights on the Rights of Women in Africa (also known as the Maputo Protocol) and the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”), in order to liberalize stringent abortion provisions and expand exceptions to near-total abortion bans. Her case work is instrumental in making sure women \u201chave the right to access safe and legal abortion.\u201d<\/span>\u00a0<\/span><\/p>\n

Prudence\u2019s casework has also promoted the sexual rights of adolescents and helped to keep them out of prisons or juvenile detention centers. For example, in Malawi, until 2023, the penal code did not distinguish between sexual exploitation by predatory adults on young children, on the one hand, and consensual, non-coercive, and non-exploitative sex between adolescent peers, on the other hand. Adolescents who were caught having consensual sex with their peers were found to be in conflict with the law. Prudence\u2019s support helped change that. Her support towards the strategic litigation challenging the constitutionality of \u201ccriminalizing adolescents for engaging in behavior that is very normal to them\u201d helped to spur legislative amendments that allow adolescents to engage legally in consensual sexual relations with their close-in-age peers.<\/span>\u00a0<\/span><\/p>\n

In 2024, one of the cases that Prudence worked on regarding the right to maternal health reached a landmark victory in the Kenyan Court of Appeal\u2014the country\u2019s second highest court and a standard-bearer on human rights in Africa. Representing a woman who was physically and verbally abused by health professionals while she was giving birth at the Bungoma County Hospital in Western Kenya, Prudence argued that the Kenyan Constitution guarantees the right to health and, therefore, the state has a duty to provide dignified maternal healthcare. \u201cMaternal health is an issue that is very close to my heart,\u201d says Prudence, noting the high rate of obstetric violence in Africa. \u201cIn my mind, I thought, if we win this particular case, not only will the court set a precedent in Kenya, but this decision is going to have a ripple effect across the continent.\u201d When the Court of Appeal agreed with her, and even \u201cwent a step further to clarify what constitutes respectful maternal healthcare,\u201d she was thrilled about \u201cmaking a positive change on human rights and accountability\u201d in Kenya and, potentially, throughout Africa.\u00a0<\/span>\u00a0<\/span><\/p>\n

Being Prepared\u2014and Patient\u2014in the Face of Legal and Cultural Barriers<\/span><\/b>\u00a0<\/span><\/p>\n

The human rights issues that Prudence works on can be incredibly sensitive and contentious, and domestic legal institutions are not always aware of or abiding by international human rights guarantees. \u201cWe face a lot of pushback on sensitive topics like abortion, and \u201cwe do not always have the kind of support you would have on other issues, such as maternal health,\u201d she says, adding, \u201cIt can dampen your spirit.\u201d Prudence notes that she has also observed a lack of follow-through from governments that have ratified international and regional human rights instruments, such as CEDAW and the Maputo Protocol. \u201cAt times, it\u2019s disheartening when you make very good arguments, but you still face opposition from governments in terms of implementing regional and international human rights obligations or when asking them to use it as persuasive material in the formulation of policy,\u201d says Prudence.<\/span>\u00a0<\/span><\/p>\n

For human rights advocates who are committed to making a difference, Prudence advises them to be \u201cpatient with your audiences\u2014whether it is policymakers, judges, a community, or people you are trying to persuade.\u201d She says, \u201cYou need to accept that some of the projects you’re working on right now might not reach fruition during your time. However, others will benefit from these efforts and will carry on the work to ensure its completion.\u201d Prudence also highlights technical skills, such as research and drafting arguments; critical thinking; and staying up-to-date with developments in human rights law to \u201cenable you to harness your whole potential. Read extensively and master your subject matter.\u201d\u00a0<\/span>\u00a0<\/span><\/p>\n

On the Value of Networking at Georgetown<\/span><\/b>\u00a0<\/span><\/p>\n

Prudence emphasizes the value of networking, explaining that fellow human rights lawyers can help you navigate an evolving legal landscape or even end up serving in pivotal roles, such as at the Inter-American Commission on Human Rights or the African Commission on Human and Peoples\u2019 Rights. \u201cIt is important to make those connections,\u201d says Prudence, \u201cand Georgetown is a huge community with people from all over the world.\u201d<\/span>\u00a0<\/span><\/p>\n

Outside of work, Prudence enjoys yoga and dancing.<\/span>\u00a0<\/span><\/p>\n

 <\/p>\n

Written by Sabrina Lourie. Edited by Michelle Liu.<\/p>\n","protected":false},"excerpt":{"rendered":"

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