Re KABASINGA

Re KABASINGA

Article 108 of Law Nº 68/2018 does not violate the constitutional principles of equality or non-discrimination because infanticide, as defined, is inherently linked to the biological and psychological effects of childbirth and lactation, which only affect women. The law does not punish women who have lost the capacity to distinguish right from wrong (postpartum psychosis), but rather those who, despite postpartum depression, retain sufficient mental capacity. The provision does not infringe due process or fair justice, as it requires intent and is consistent with international and comparative standards. The wording in Kinyarwanda may cause confusion and should be clarified, but this does...

Citation
RS/INCONST/SPEC 00003/2020/SC
Parties
Applicant: Kabasinga Florida; Respondent: Leta y’u Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 November 2020
Case Number
RS/INCONST/SPEC 00003/2020/SC
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Equality Before the Law, Gender Discrimination, Infanticide, Due Process, Reproductive Rights
Source Language
rw
Constitutional Law Criminal Law Human Rights Equality Before the Law Gender Discrimination Infanticide Due Process Reproductive Rights

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Parties

Kabasinga Florida

Applicant

Leta y’u Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether Article 108 of Law Nº 68/2018 violates the constitutional principles of equality and non-discrimination based on sex
  2. 2 Whether Article 108 infringes the right to due process and fair justice under the Constitution

Ratio Decidendi

Article 108 of Law Nº 68/2018 does not violate the constitutional principles of equality or non-discrimination because infanticide, as defined, is inherently linked to the biological and psychological effects of childbirth and lactation, which only affect women. The law does not punish women who have lost the capacity to distinguish right from wrong (postpartum psychosis), but rather those who, despite postpartum depression, retain sufficient mental capacity. The provision does not infringe due process or fair justice, as it requires intent and is consistent with international and comparative standards. The wording in Kinyarwanda may cause confusion and should be clarified, but this does...

Court Disposition

Petition dismissed

Orders

  • The petition by Kabasinga Florida is dismissed for lack of merit.
  • Article 108 of Law Nº 68/2018 is not unconstitutional under Articles 15, 16, or 29 of the Constitution.