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Right to Health Publications

PDF ICON Realising The Value Of Health And The Right To Water: A Human Rights Assessment Of County Health And Water Services Law (2020):

This report is a result of a study whereby 12 counties that had enacted health related legislation or considered a proposed bill on the same and 8 counties that had enacted legislation governing access to clean and safe water were sampled. The following 12 counties were sampled on laws on the right to health: Busia, Kiambu, Kisii, Kitui, Laikipia, Machakos, Makueni, Marsabit, Mombasa, Nyamira, Nyeri and Nakuru. On the right to water and sanitation, laws from the following counties were sampled: Busia, Embu, Garissa, Kakamega, Kiambu, Kilifi, Kisii, Machakos, Meru, Mombasa, Murang’a and Nyeri. The objective of the project was to promote compliance of county legislation and policies with the national and international human rights standards in order to promote and protect the right of every county resident to the right to the highest standard of health and to clean and safe water in adequate quantities. The Commission developed an assessment criterion based on human rights standards and principles to guide review of county laws and bills. The assessment criteria critiqued the four key normative indicators for the realization of the economic social and cultural rights as well as three key process indicators for human rights-based approach to development. The normative criteria relate to availability, accessibility, affordability and quality of health and water service provision while the process criteria reviewed application of human rights principles on equality and non-discrimination, participation and inclusion, and transparency and accountability.At the end of the report is a colour coded representation of County health and water services laws balance score card showing the level of non/compliance of each county law/policy. Download Report


This report, “ Survey Findings on Human Rights Situation for Vulnerable Groups During COVID -19  Pandemic ( July 2020 to March 2021 )” provides the plight of vulnerable populations during this pandemic period with a set of recommendations and call to action to the various actors on the what needs to be done urgently to remedy the situation. Further, the report provides the duty – bearers with latest statistics for utilization for planning purposes and programming in enhancing the promotion and protection of human rights of these vulnerable populations during this period of the pandemic and beyond.  Nationwide Survey on Human Rights for Vulnerable Groups during the COVID-19 Pandemic.

Following the release of this first report, the KNCHR embarked on the development of its second situation report that shifted focus from the general population to the vulnerable population in the society.  The focus on the vulnerable persons was  driven by the fact that as COVID-19 pandemic continued to be experienced in the Country, its emerging socio-economic  and human rights impacts are evident especially amongst vulnerable groups such as children, women, youth, the elderly, Persons with Disabilities (PWDs), detainees, Orphans & Vulnerable Children (OVCs), the displaced, refugees, the urban and rural poor, intersex persons amongst other marginalized populations.

This report, “ Survey Findings on Human Rights Situation for Vulnerable Groups During COVID -19  Pandemic ( July 2020 to March 2021 )” provides the plight of vulnerable populations during this pandemic period with a set of recommendations and call to action to the various actors on the what needs to be done urgently to remedy the situation. Further, the report provides the duty – bearers with latest statistics for utilization for planning purposes and programming in enhancing the promotion and protection of human rights of these vulnerable populations during this period of the pandemic and beyond. Download Report


Pain and Pandemic-1st Situational ReportPAIN AND PANDEMIC-Unmasking the State of Human Rights in Kenya in Containment of the Covid-19 Pandemic

Following the announcement of the first COVID-19 positive case in Kenya and the subsequent government directives to the public on measures to prevent the virus spread, KNCHR made drastic measures to ensure continuity of its services to the public guided by the Ministry of Health protocols.This 1st situational report covers the period between 15th March 2020, when the government set up the first COVID-19 directives and 6th June 2020 when the President of the Republic of Kenya in his 8th presidential address reviewed orders such as the dusk to dawn curfew and cessation of movement and issued further directives.. Download Report

 


State Of Healthcare For Prisoners In KenyaState Of Healthcare For Prisoners In Kenya- A Survey Report.

Kenya Prison Service (KPS) Directorate of Medical services is responsible for providing health care services to approximately 58,000 inmates housed in 118 correctional facilities across Kenya. This includes emergency and urgent care and care needed to prevent further deterioration of an inmate’s condition. In 2017, KNCHR undertook a monitoring exercise in 75 prisons to evaluate the adequacy of the KPS medical services and the effectiveness of its medical services. This was against a backdrop of the nationwide doctors strike vis-à-vis the vulnerable position that inmates already find themselves. Download Report

 

 


The Right To Emergency Care In Health Systems In Kenya: A Case Study Of Laikipia And Nyandarua Counties.

This report document the nature and provision of emergency healthcare in private and public hospitals in both Laikipia and Nyandarua Counties in order to assess the nature, accessibility and quality of emergency healthcare in these counties.Download Report

 

 


Rights-Based Policy Monitoring: KNCHR Primer on Assessing Compliance with Economic & Social Rights Obligations

KNCHR and the CESR have produced this primer as a tool to enable more effective monitoring of economic, social and cultural rights (ESCR) in the East African country. The document, which is the product of a partnership that began in early 2011, explores how ESCR, as enshrined in the country's Constitution, can inform a human rights-based approach to development. Download Report


Report On The Pilot 360 degrees Assessment Of Health As A Human Right In Busia County

The Kenya National Commission on Human Rights and the Health Strat therefore collaborated to conduct a County Health Capacity Assessment (CHCA) in Busia County. The study assess the extent of the realization of Article 43 of the Constitution which entitles every individual to ‘the highest attainable standard of health’ following the devolution of health services. The study admits the inadequacy of the sole reliance on the assessment of budget allocation for health services as a determinant of the extent of the progressive realization of the right to health. The CHCA is the tool developed by the study to be used to provide indicators for measuring the status of the progressive realization of the right to health. The assessment identifies the key strengths in the county health system as well as reveals the critical cross-cutting gaps. It is able to measure the efficiency of the systems and point out areas of improvement. Download Report


Report on the Right to Health in Kisumu County In this report, the Commission makes a number of fundamental recommendations that the state and other stakeholders should consider in working towards ensuring that all residents of Kisumu County enjoy the highest attainable standard of health as envisaged in the Constitution. The Commission hopes that the stakeholders in the health sector in Kisumu will use the findings of this research to inform their programming, policy and legislative developments and other interventions aimed at enhancing the realisation of the right to health in Kisumu County. Download Report  

 


Reproductive health reportA Report of the Public Inquiry into Violations of Sexual and Reproductive Health Rights in Kenya

The Kenya National Commission on Human Rights in 2011 launched a public inquiry into violations of sexual and reproductive health rights (SRHR) in Kenya. This was following a complaint filed in 2009 by the Federation of Women Lawyers – Kenya and the Centre for Reproductive Rights – USA alleging systematic violation of women’s reproductive health rights in Kenyan health facilities. The Inquiry aimed to establish the extent and nature of violation of sexual and reproductive health rights and  recommend appropriate redress measures. Download Report