Every year on December 10, the entire world marks the Human Rights Day, a day observed to proclaim the inalienable rights which everyone is inherently entitled to as a human being regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status.
As the world commemorates this day, Kenyans are fighting for the rights of a special group of people, intersex persons, who over the years have faced discrimination and had their rights violated.
“Intersex” is a general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female or male.
It’s shocking to imagine that a few years ago, children who are identified as having an intersex condition at birth were killed while those who were fortunate enough to survive have had difficulties obtaining birth certificates and other forms of documentation.
People born with intersex bodies are seen as different and are often stigmatized and subjected to multiple human rights violations. It is estimated that about 1.7% of newborn babies across the world are classified as intersex.
Despite their growing numbers there remains significant regional and national outcry on the prevalence of human rights violation perpetrated against intersex persons.
The Kenya National Commission on Human Rights (KNCHR) has the core mandate of ensuring the promoting and protecting human rights in Kenya including safeguarding the rights of intersex persons.
Intersex persons in Kenya continue to face human rights violations mainly centerd on their legal recognition which has a negative ripple effect in the enjoyment of their other human rights and fundamental freedoms.
In this regard, KNCHR has continually advocated to safeguard the realization and enjoyment of human rights for the intersex persons as equal persons before the law.
The Human Rights commission has previously made representations before the parliamentary departmental committee on Administration and National Security following a petition before the committee relating to Intersex Persons as well as in conjunction with other stakeholders participated in the inaugural commemoration of the Intersex Awareness Day in Kenya.
Intersex persons are human beings entitled to all human rights and fundamental freedoms as stated in Chapter 4 of the Constitution of Kenya [2010]. Furthermore, Article 3(1) of the Constitution of Kenya [2010] provides that every person has an obligation to respect, uphold and defend the Constitution thus empowering everyone with the legal duty to protect the rights of Intersex persons.
Do you think have fully embrace intersex persons as society?