Landmark intersex rights law takes effect in Kenya
A new law that took effect late last month in Kenya has granted equal rights and recognition to intersex people Intersex people are now recognized as Kenya’s third gender with an ‘I’ gender marker in response to the Children Act 2022.
Kenya is the first African country that has granted the intersex community this universal right. The new law requires intersex children to be treated with dignity and have equal access basic services like medical treatment and education, in addition to social protection services as a special need.
It also requires the accomodation of intersex children in child protection centers and other facilities. Courts are also required to consider the needs of intersex children who are on trial — including the calling of an expert witness — before they issue any ruling.
The law further stipulates that anyone can be a foster parent without restrictions of gender, age or marital status. It also protects intersex children from so-called sex normalization surgeries, and such procedures will only be done with a doctor’s recommendation.
