An Analysis of the legal rights of intersex people in Kenya
Koe, Gloria Kariro
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According to the proponents of the natural law school of thought, human rights exist as result of higher law than that made by man. There are certain moral norms that bind us as rational beings regardless of where a person comes from. John Locke thus states that all human beings were by their own nature to respect one another as equals. He explored this concept in "The second Treaties of Civil Government". In his Chapter 2 'The State of Nature ' he affirms that all men are free to direct their actions and disposes of their possessions without seeking permission from anyone except within the limits imposed by the law of nature. In line with this state of equality no person has more power and authority that another as they are creatures of the same species and status. The protection of the life and dignity of men is thus a function of a legitimate government and a lack of such protection is a threat to the stability of human rights. The objective of this study was to investigate whether the current legal framework protects and promotes the rights of intersex people. This was achieved by analyzing certain domestic legislation. It emerged through the discussion that there are hopeful signs towards the protection and the promotion of the rights of intersex people at the national level through the constitution of an intersex taskforce. The Constitution has not specifically made reference to the rights of intersex people but has put up mechanisms where there can be redress, where fundamental rights and freedoms have been infringed. The inclusion of the word intersex in the interpretation of sex would ensure the instances of institutional discrimination are reduced.