E/C.12/KEN/CO/2-5 Sexual and reproductive health 53. The Committee is concerned at the criminalization of abortion under any circumstance provided in the Penal Code, the large number of unsafe abortions and the consistent high rate of maternal mortality. It is also concerned at cases of post-delivery detention of women unable to pay their medical bills in health-care facilities. It is further concerned at the limited access to sexual and reproductive health information and services as well as contraceptives, especially for women living in rural areas (art. 12). 54. The Committee recommends that the State party amend its legislation on the prohibition of abortion in order to render it compatible with other fundamental rights, such as women’s rights to health, life and dignity, and reinstate the Standards and Guidelines for Reducing Morbidity and Mortality from Unsafe Abortion in Kenya. It also recommends that the State party take concrete measures to ensure free maternal health-care services and to prevent the incidence of post-delivery detention in health-care facilities. It further recommends that the State party strengthen its efforts to improve access to sexual and reproductive health information and services, including contraceptives. In this regard, the Committee draws the attention of the State party to its general comment No. 22 (2016) on the right to sexual and reproductive health. HIV/AIDS 55. The Committee is concerned at the high rates of HIV/AIDS and of new infections as well as at the high mother-to-child transmission rate, which has raised the mortality rate among children under 5 years of age. It is also concerned that mother-to-child transmission has become criminalized. It is further concerned at the large gap between children and adults in receiving antiretroviral treatment and the low retention rate of women who are being treated within a year of initiation. While welcoming the High Court decision on the HIV and AIDS Prevention and Control Act, it is concerned that the State party has not yet implemented the decision (art. 12). 56. The Committee recommends that the State party intensify its efforts to combat the spread and effects of HIV/AIDS, including mother-to-child transmission, by effectively implementing relevant national policies, strategies, guidelines and programmes on HIV/AIDS and extending the coverage of free antiretroviral treatment, particularly to children and women. It also recommends that the State party make an adequate amendment to the HIV and AIDS Prevention and Control Act in accordance with the High Court decision (Petition No. 97, 2010). Right to education 57. The Committee is concerned that the State party has not dedicated sufficient resources to financing school facilities and qualified teachers, and to ensuring effective enjoyment of the right to free primary education for all. It is also concerned that inadequacies in the public schooling system have led to the proliferation of so-called “lowcost private schools”, which has led to segregation or discriminatory access to education, particularly for disadvantaged and marginalized children, including children living in informal settlements and arid and semi-arid areas (arts. 13 and 14). 58. Recalling that the State has the primary responsibility in ensuring the right to education, the Committee recommends that the State party take all the measures necessary to strengthen its public education sector. The State party should increase the budget allocated to primary education and take all the measures necessary to improve access to and the quality of primary education for all without hidden costs, particularly for children living in informal settlements and arid and semi-arid areas. 9