Review Of County Legislation on the Rights of Persons with Disabilities

This research aims to explore to what extent legal reform has been achieved in Kenya to align laws, policies, and guidelines, at National and County level to the Constitution and CRPD standards. Download Report

Advisory on the Ratification of the African Disability Protocol:

Article 59(2) (g) of the Constitution mandates the Commission to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights. The Commission is also the designated monitoring agency for persons with disabilities under Article 33(2) of the Convention on the Rights of Persons with Disabilities. The African Disability Protocol was adopted on 29 January 2018 during the 30th Ordinary session of the Assembly to promote the respect, protection and the realization of the rights of persons with disabilities in Africa. Pursuant to its Constitutional mandate and special mandate to monitor the implementation of the rights of persons with disabilities in Kenya, the Commission makes this submission to the National Assembly Departmental Committee on Defense and Foreign Relations and Labour and Social Welfare to promote the ratification of the African Disability Protocol. Download Report

Memorandum On The Report Of The Ministry Of Health “Mental Health And Wellbeing: Towards Happiness And National Prosperity, 2020” :

The civil society stakeholders’ forum on mental health is a forum convened by the Kenya National Commission on Human Rights and consisting of civil society organizations that work in the mental health sector. The stakeholders’ forum submits this memorandum which examines the findings and recommendations of the report on mental health and well-being and provides recommendations to duty bearers and stakeholders on the rights-based approach towards implementing the report. Download Report

Advisory on the African Disability Protocol

Under Article 59(2)(g) of the Constitution, the National Commission has a mandate to act as the principal organ of the State in ensuring compliance with obligations under treaties and conventions relating to human rights. The National Commission is also the monitoring agency for persons with disabilities under Article 33(2) of the Convention on the Rights of Persons with Disabilities. This submission is made pursuant to the Commission’s mandate on promoting human rights for all, as well as the explicit monitoring role on rights of persons with disabilities borne by the Commission. Download Advisory

From Norm to Practice: A Status Report on Implementation of Rights of Persons with Disabilities in Kenya

This report evaluates the extent to which the State has fulfilled its obligations to protect, promote and fulfil the rights of persons with disabilities. It presents findings from 12 counties, which were monitored during the period 2011-2013, and other topical research conducted during the same period including the Briefing on Legal Capacity for Persons with Disabilities in Kenya. KNCHR herein makes a number of fundamental recommendations that the state should consider in working towards the realization of human rights of persons with disabilities. Download Report

SILENCED MINDS: THE SYSTEMIC NEGLECT OF THE MENTAL HEALTH STATE IN KENYA

In response to a documentary on Kenya’s decaying mental health infrastructure aired by the Cable News Network (CNN) in February 2011, the Kenya National Commission on Human Rights (KNCHR) initiated an ‘audit’ of mental health care in Kenya from a human rights perspective, pursuant to its powers under Section 16(1) of the KNCHR Act (2002) and Article 59(2)(f) of the Constitution.To this end, KNCHR consulted with key stakeholders in the mental health sector, including the Ministry of Medical Services (MOMS), psychiatrists in practice and academia, non-government organisations providing services to people with mental disorders and staff and administrators at a number of mental health facilities around the country, which KNHCR also inspected.  Download Report

OBJECTS OF PITY OR INDIVIDUALS WITH RIGHTS: THE RIGHT TO EDUCATION FOR CHILDREN WITH DISABILITIES

This report is prepared with the core aim of advising the Government, including the President and Legislature, on policy, legislative and administrative reforms needed to enhance the right to education for persons with disabilities. This study was undertaken following complaints brought to the Commission alleging violation of the right to education of children with disabilities. These allegations presented themselves in terms of denial of admission or expulsion from regular schools on the basis of disability as well as the failure of the Government to fund some special schools. After undertaking initial investigations into the complaints, the National Commission decided to undertake wider research in order to establish the systemic nature of the problems confronting education for children with disabilities. Download Report

Briefing Paper:How To Implement Article 12 Of Convention On The Rights Of Persons With Disabilities Regarding Legal Capacity In Kenya.

Article 12 of the Convention on Rights of Persons with Disabilities (CRPD) reaffirms that every person with disability has a right to equal recognition everywhere as persons before the law and further stipulates that States Parties shall take appropriate measures to ensure that persons with disabilities on equal basis with others are able to enjoy their legal capacity. In an attempt to unfold this Article and its interrelation to enjoyment of all other rights, Kenya National Commission on Human Rights in May 2012 held a brainstorming workshop with Disabled Persons Organization (DPO’s), persons with disabilities, state actors and non-state actors in which it was resolved that a research be conducted to assess enjoyment of legal capacity by persons with disabilities in Kenya and come up with a briefing paper as a guideline on how to implement Article 12 of the CRPD in Kenya. Download Report

Out of The Shadows Towards Ensuring The Rights Of Stateless Persons And Persons At Risk Of Statelessness In Kenya

This research study examines the issue of statelessness within the Kenyan context. Drawing on fieldwork, it evaluates the human rights violations faced by stateless persons or those at risk of statelessness in the country. The study shows that these persons face difficulties in their quest to enjoy fundamental rights and freedoms relating to work, movement, education, property and health. The study makes specific policy, legal and administrative recommendations to various state and non-state actors that could alleviate these challenges as well as reduce the occurrence and the population of stateless persons or persons at risk of statelessness. Download Report