In Kenya, a new law took effect to grant not just recognition but also equal rights to intersex people.
To start, the Births and Deaths Registration Act under the new law’s Section 7 (3) “shall take measures to ensure correct documentation and registration of intersex children at birth.” The new law also protects intersex children from so-called sex normalization surgeries, and such procedures will only be done with a doctor’s recommendation.
Other key components of the new law include:
- mandating the recognition of intersex people as Kenya’s third gender with an ‘I’ gender marker in response to the Children Act 2022;
- requiring the treatment of intersex children with dignity to be given equal access to basic services like medical treatment and education, in addition to social protection services as a special need;
- requiring the accommodation of intersex children in child protection centers and other facilities;
- requiring courts to consider the needs of intersex children who are on trial — including the calling of an expert witness — before they issue any ruling; and
- stipulating that anyone can be a foster parent without restrictions of gender, age or marital status.
Violators will face at least three years in jail and a fine of at least $5,000.
With this move, Kenya became the first African country to grant members of the intersex community this universal right.
In a Facebook post, Intersex Asia stated that with the move, “Kenya has become the first African nation to grant the intersex community their own self-recognition by acknowledging intersex variations with the letter ‘I’ as gender marker.”
Also, “with the enactment of this law, intersex children are also treated with dignity and respect by providing have equal access to basic services like medical treatment and education and protection from sex normalization surgeries, in addition to social protection services as a special need.”
It, therefore, calls on “governments in Asia to follow suit in the legal recognition, and proper and dignified treatment of intersex people.”
“Legislation and policy changes are great indications of the intersex movement moving forward into the right direction as it recognizes the right to bodily integrity and protection. Despite this, there is a long journey ahead in achieving equal rights and protection for all intersex people from any form of human rights violation. Let us keep on advocating for laws that guarantee comprehensive protection of intersex human rights, while we celebrate this achievement, which we hope will inspire other countries, especially in Asia, to follow the steps of Kenya,” Intersex Asia ended.
