Appraising Kenya’s children act from sexual and reproductive healthcare rights perspectives

Abstract

Sexual and reproductive health rights (SRHR) are critical to the growth and development of children. Yet, they are often the least considered during the legislation on children matters. When introducing children’s SRHR, the discourse tends to be divisive. The conservatives and progressives pull towards opposite directions. An assessment of the extent to which the Children Act safeguards SRHR for children, thus, becomes significant for two reasons. First, it illuminates the safeguarded children’s SRHR in the Act for public sensitization and awareness. An informed public stands to benefit from the safeguarded children’s SRHR under the statute. Secondly, the review spotlights the SRHR gaps in the Act. Subsequent amendments to the Children Act, if any, can address the missed marks. Identifying the lacunas also provides courts with the opportunity to interpret and develop them in a manner that maximizes the enjoyment of children’s SRHR. Significant also is Kenya’s SRHR policy context that predated the Children Act, which can provide a critical gauge in appraising the Children Act, even though statutes are binding and override the policies. Kenya has formulated such SRHR policies to discharge its international SRHR obligations. Finally, the Constitution and international human rights framework provide a critical tool in appraising the Children Act.