KNHRC champions intersex Bill to protect the rights of intersex persons

Homa Bay, Sunday May 28, 2023,

KNA by Sitna Omar

Kenya National Commission on Human Rights (KNCHR) is working towards ensuring the establishment of a legal framework that will fill the gap in the law for the protection of the rights of the intersex persons.

The Chief Executive Officer (CEO) at the commission Dr Bernard Mogesa said KNCHR is working with the Office of the Attorney General and the Kenya Law Reform Commission to achieve this.

He said in as much the laws acknowledge the existence of this group, they however are not comprehensive enough to protect their rights against discrimination and stigmatisation therefore leaving a gap.

Mogesa noted that members of the intersex have not been recognised in many critical provisions which other Kenyans are enjoying such as the National Hospital Insurance Fund (NHIF) coverage, registration of identification and others.

“The intersex group are not covered by the NHIF and they have faced discrimination in other areas as well,” he said.

"These are some of the issues that affect them and this law will ensure that in terms of affirmative actions, there is a framework that will protect them to enjoy their rights just like any other Kenyan," he stated.

The draft bill will ensure inclusivity of the intersex persons in the areas of employment, health services, justice system and education among others.

He said that the 2023 intersex bill is critical in the protection and promotion of the rights of intersex persons in Kenya, adding that for 10 years, KNCHR has been working towards devising the framework for that sole purpose.

The bill is set to bring forth an act of parliament that will provide for the recognition, protection and safeguarding of intersex persons' human rights, provide for the equalisation of opportunities, affirmative action and non-discrimination of this group.

In the bill, an intersex is a child or adult with a congenital condition in which the biological sex characteristics cannot be exclusively categorised in the common binary of female or male chromosomal patterns which could be apparent prior to at birth, in childhood, puberty or adulthood.

The CEO was speaking in Homa bay town during a public participation forum on the proposed intersex bill with various stakeholders.

He noted that it was because of lack of awareness among the duty bearers that the commission is engaging stakeholders to meet its objective

The 2019 census captured a total of 1524 members of the intersex nationally with 23 of them recorded from Homa bay County.

"There are others who were not captured in the census due to reasons like fear and stigma. Also lack of public awareness was another factor that prevented them from coming forward,” said the CEO.

"We want to ensure that this group is fully catered for without any discrimination within this framework of the law that we are proposing," he noted.

Courtesy ; K. N. A