| 词条 | Intersex rights in Kenya |
| 释义 |
| location_header = Kenya | image = File:Kenya (orthographic projection).svg | caption = Kenya | prohibit_harmful = No | reparations = No | discrimination_protections = No | access_identification = Yes | equality_men_women = | mf_identification = | third_identification = | marriage = }}{{Intersex sidebar}} Intersex people in Kenya face significant human rights violations, starting from birth. There are few protections from mutilation and non-consensual cosmetic medical interventions and no legislative protection from discrimination. Intersex persons may have difficulties in obtaining birth certificates and others forms of documentation. History{{further|Intersex in history}}Traditionally, children who are identified as having an intersex condition at birth were killed. This is beginning to change, according to midwives and birth attendants' organizations.[1] Surviving intersex children may have difficulties in obtaining birth certificates and other forms of identification.[2] In December 2017, African intersex activists published a statement setting out local demands.[1] In August 2018, the Kenya National Commission on Human Rights published a report calling for research and legal reform to protect the rights of intersex persons in Kenya.[2] Physical integrity and bodily autonomy{{further|Intersex human rights|Intersex medical interventions}}Reports suggest that the birth of an intersex infant can be regarded as a curse or bad omen, resulting in infanticide. Seline Okiki, chairperson of the organization of birth attendants, Ten Beloved Sisters, has described how babies born intersex are traditionally killed following birth.[3] In 2015, it was reported that an intersex adolescent from Malindi, Muhadh Ishmael, was mutilated and later died in hospital. He had previously been described as a curse on his family.[4][5][6] Protection from discrimination{{main|Discrimination against intersex people}}Intersex people are considered to suffer significant stigma.[7] A Kenyan news report suggests high rates of early school leaving, with the organisation Gama Africa reporting that 60% of 132 known intersex people had dropped out of school "because of the harassment and treatment they received from their peers and their teachers".[10] Anecdotal reports point to high levels of suicidality amongst intersex people.[10] In the 2010 case of Richard Muasya v. the Hon. Attorney General, Muasya had been convicted of robbery with violence. The case examined whether or not he had suffered discrimination as a result of being born intersex. He was found to have been subjected to inhuman and degrading treatment while in prison.[12] Intersex people in Kenya do not currently have protections from discrimination, but the rights of intersex people are currently a matter of discussion, led by nominated MP Isaac Mwaura.[8][9][10] In part, this followed a landmark court case decided in 2014, of a child who could not commence school without a birth certificate.[2] Identification documents{{main|Legal recognition of intersex people}}In 2014, in the case of Baby ‘A’ (Suing through her Mother E.A) & another v Attorney General & 6 others [2014], a Kenyan court ordered the Kenyan government to issue a birth certificate to a five-year-old child born in 2009 with ambiguous genitalia.[11] In Kenya a birth certificate is necessary for attending school, getting a national identity document, and voting.[11] The child's lawyer, John Chigiti, stated that this was a "first step toward recognizing intersex people".[11] In an earlier, 2010, High Court case, Richard Muasya v. the Hon. Attorney General, the Court had determined that an intersex person was responsible for registering his own birth, following a failure to do so at the time of his birth.[12] Rights advocacyIntersex Awareness Day was first marked in Kenya in 2016. A march in Nairobi was organized by Gama Africa, along with petition presented to parliament and events organized by the Kenya National Commission on Human Rights.[13]In 2017, work commenced on a "Model Law on the rights of intersex persons in Africa". A first consultation meeting took place at the Centre for Human Rights at the University of Pretoria, in South Africa. Kenyan representatives included John Chigiti of Gender Minorities Action Trust Foundation-Kenya (GMAT), who represented intersex persons in 2010 and 2014 High Court cases.[14] See also
References1. ^{{Cite| last = African Intersex Movement| title = Public Statement by the African Intersex Movement| date = December 2017| url = https://www.astraeafoundation.org/stories/public-statement-african-intersex-movement/ | accessdate = 2018-09-05}} 2. ^{{Cite book| publisher = Kenya National Commission on Human Rights| isbn = 978-9966-040-49-7| last = Kenya National Commission on Human Rights| title = Equal in Dignity and Rights: Promoting The Rights of Intersex Persons In Kenya| location = Nairobi| date = August 2018| url = http://www.knchr.org/Publications/Thematic-Reports/Group-Rights/Rights-of-Sexual-Minorities}} 3. ^1 {{cite web | url = https://www.bbc.com/news/world-africa-39780214 | title = The midwife who saved intersex babies | first1 = Helen | last1 = Grady | first2 = Anne | last2 = Soy | work = BBC World Service, Kenya | date = May 4, 2017 | deadurl = no | archiveurl = https://web.archive.org/web/20170515044758/http://www.bbc.com/news/world-africa-39780214 | archivedate = May 15, 2017 | df = }} 4. ^{{Cite web| last = Odero| first = Joseph| title = Intersex in Kenya: Held captive, beaten, hacked. Dead.| work = 76 CRIMES| accessdate = 2016-10-01| date = December 23, 2015| url = http://76crimes.com/2015/12/23/intersex-in-kenya-held-captive-beaten-hacked-dead/| deadurl = no| archiveurl = https://web.archive.org/web/20160425162007/https://76crimes.com/2015/12/23/intersex-in-kenya-held-captive-beaten-hacked-dead/| archivedate = April 25, 2016| df = }} 5. ^{{Cite web| last = Stewart| first = Colin| title = Will Kenyan intersex victim get a decent funeral at least?| work = 76 CRIMES| accessdate = 2017-05-13| url = http://76crimes.com/2015/12/24/will-kenyan-intersex-victim-get-a-decent-funeral-at-least/| deadurl = no| archiveurl = https://web.archive.org/web/20170501072752/https://76crimes.com/2015/12/24/will-kenyan-intersex-victim-get-a-decent-funeral-at-least/| archivedate = 2017-05-01| df = }} 6. ^{{Cite news| issn = 0261-3077| last = Larsson| first = Naomi| title = Is the world finally waking up to intersex rights?| work = The Guardian| accessdate = 2017-05-13| date = February 10, 2016| url = https://www.theguardian.com/global-development-professionals-network/2016/feb/10/intersex-human-rights-lgbti-chile-argentina-uganda-costa-rica| deadurl = no| archiveurl = https://web.archive.org/web/20160928010635/https://www.theguardian.com/global-development-professionals-network/2016/feb/10/intersex-human-rights-lgbti-chile-argentina-uganda-costa-rica| archivedate = September 28, 2016| df = }} 7. ^{{Cite web| last = Duggan| first = Briana| title = Shame, taboo, ignorance: Growing up intersex| work = CNN| accessdate = 2017-05-13| date = January 5, 2017| url = http://www.cnn.com/2017/01/05/health/growing-up-intersex-in-kenya/index.html| deadurl = no| archiveurl = https://web.archive.org/web/20170703124645/http://www.cnn.com/2017/01/05/health/growing-up-intersex-in-kenya/index.html| archivedate = July 3, 2017| df = }} 8. ^{{Cite web| last = Chigiti| first = John| title = The plight of the intersex child| work = The Star, Kenya| accessdate = 2017-05-13| date = September 14, 2016| url = http://www.the-star.co.ke/news/2016/09/14/the-plight-of-the-intersex-child_c1419560| deadurl = no| archiveurl = https://web.archive.org/web/20170129234516/http://www.the-star.co.ke/news/2016/09/14/the-plight-of-the-intersex-child_c1419560| archivedate = January 29, 2017| df = }} 9. ^{{Cite web| last = Njagi| first = John| title = House to address matters of intersex people| work = Daily Nation| accessdate = 2017-05-13| date = October 10, 2016| url = http://www.nation.co.ke/news/House-to-address-matters-of-intersex-people/1056-3410778-hekur8z/index.html| deadurl = no| archiveurl = https://web.archive.org/web/20161213071648/http://www.nation.co.ke/news/House-to-address-matters-of-intersex-people/1056-3410778-hekur8z/index.html| archivedate = December 13, 2016| df = }} 10. ^{{Cite web| last = Kadida| first = Jillo| title = Intersex people don’t choose their gender, says Maraga| work = The Star, Kenya| accessdate = 2017-05-13| date = September 1, 2016| url = http://www.the-star.co.ke/news/2016/09/01/intersex-people-dont-choose-their-gender-says-maraga_c1412506| deadurl = no| archiveurl = https://web.archive.org/web/20161111141253/http://www.the-star.co.ke/news/2016/09/01/intersex-people-dont-choose-their-gender-says-maraga_c1412506| archivedate = November 11, 2016| df = }} 11. ^1 2 3 4 {{cite news|last=Migiro|first=Katy|url=https://www.reuters.com/article/2014/12/05/us-kenya-intersex-idUSKCN0JJ1M120141205|title=Kenya takes step toward recognizing intersex people in landmark ruling|work=Reuters|deadurl=no|archiveurl=https://web.archive.org/web/20150924211232/http://www.reuters.com/article/2014/12/05/us-kenya-intersex-idUSKCN0JJ1M120141205|archivedate=2015-09-24|df=}} 12. ^1 {{Cite web| publisher = International Commission of Jurists| last = International Commission of Jurists| title = Richard Muasya v. the Hon. Attorney General, High Court of Kenya (2 December 2010)| date = 2010| url = http://www.icj.org/sogicasebook/richard-muasya-v-the-hon-attorney-general-high-court-of-kenya-2-december-2010/}} 13. ^1 2 {{Cite web| last = Odhiambo| first = Rhoda| title = Kenya to mark international intersex day next week| work = The Star, Kenya| accessdate = 2017-05-13| date = October 20, 2016| url = http://www.the-star.co.ke/news/2016/10/20/kenya-to-mark-international-intersex-day-next-week_c1441157| deadurl = no| archiveurl = https://web.archive.org/web/20170511144918/http://www.the-star.co.ke/news/2016/10/20/kenya-to-mark-international-intersex-day-next-week_c1441157| archivedate = May 11, 2017| df = }} 14. ^{{Cite| last = University of Pretoria| title = Centre for Human Rights hosts first consultative meeting to discuss draft model law on the rights of intersex persons in Africa| date = April 26, 2017| url = http://www.up.ac.za/en/faculty-of-law/news/post_2463822-centre-for-human-rights-hosts-first-consultative-meeting-to-discuss-draft-model-law-on-the-rights-of-intersex-persons-in-africa-| deadurl = no| archiveurl = https://web.archive.org/web/20180104224116/http://www.up.ac.za/en/faculty-of-law/news/post_2463822-centre-for-human-rights-hosts-first-consultative-meeting-to-discuss-draft-model-law-on-the-rights-of-intersex-persons-in-africa-| archivedate = January 4, 2018| df = }} Bibliography
4 : Intersex rights in Kenya|Kenyan law|Intersex rights in Africa|LGBT in Kenya |
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