According to Amnesty International-Kenya Executive Director, there has been stigmatization and discrimination that have locked many intersex children out of schools because of their sex, thus disadvantaging a whole Kenyan population and directly abusing the rights of the child.
The Kenyan Constitution champions equality and freedom from discrimination for all people. This means that before the law we are all equal with equal protection of the law.
However, there are a few contradictions come in through the same Bill of Rights, only referring to women and men as having the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
This leaves out the intersex persons, making them vulnerable to all manner of abuse, ridicule, stigmatization and loss of rights. The State, therefore, has a responsibility to guarantee every person these rights.
The state should not discriminate directly or indirectly against any person on any grounds, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
Failure to recognize them makes them marginalized, thus unable to access various services like health, education and even basic utilities like toilets. Intersex children have also been unable to get vital identification documents such as birth certificates, national identity cards, passports and other documents, as Kenyan law provides for only male and female.
The task force report on Policy, Legal, Institutional and Administrative Reforms Regarding Intersex Persons in Kenya says their official recognition is key in guaranteeing them their rights under Chapter 4 of our Constitution.
Amnesty International Director said “We welcome this, as it helps in implementing our Constitution and treating all human beings equally, irrespective of their walk of life or social orientation. We can’t be a nation that claims to be one under one law, while we treat a section of our population differently and expose them to unfair prejudice.”
This task force recommendation will provide a framework to help better protect them as well as give them a voice in a democratic society. Now it’s up to Parliament to expedite the process of legislating on this matter to make sure we have equal treatment, respect and protection of the dignity of the intersex persons and of all Kenyans.