Repeal retrogressive laws that impede war on discrimination

A sexual abuse victim. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Section 146 of the Penal Code, not only clearly discriminates against individuals with mental health issues and intellectual disability, but also insults them.

  • This is outrightly disparaging, demeaning, derogatory and discriminative.

  • The State has the duty and responsibility to promote and respect everyone’s rights, and equally at that. It must remove the shameful language in this law.

We’re striving to make The Generation Equality campaign a reality. We would like to bring everyone on board in a bid to create an equal society.

This means living by the motto: “not leaving anyone behind” especially this month when we recognise and reflect on achievements by and in relation to women, alongside the challenges and difficulties that lock them out of a gender-equal world.

We have made some progress in the empowerment of women and girls in some ways, thanks to, especially, the women’s movement. However, we must also pause and take a hard look at the disconcerting truth: That the road to gender parity is bumpy and more work and new strategies must be unleashed for the barriers to women’s advancement to be removed.

For instance, most private sector firms are yet to genuinely embrace structures and policies for gender equality and equity, including basic ones that should prevent, provide accountability and deal with sexual and gender-based violence (SGBV) and other violations against women at the workplace.

That is not to say that some of these institutions do not have policies on gender. They do, but the policies have remained well-written documents that are hardly implemented. This calls for some form of procedure and action that demands of private and public sector agencies to be held to account for employment policies that don’t take into consideration gender balance, equality, equity and inclusivity.

We also need to do more to deal with and protect all from discrimination and marginalisation. Prejudice against people, including children with disabilities, is prevalent. However, discrimination against women and girls with disabilities is more rampant and they are subjected to sexual violence and all manner of violations, most of which go unreported.

Because of their vulnerability in such situation, they usually don’t know where to report. It’s not uncommon to find pregnant girls and women with disabilities, and yet the men responsible for the pregnancies are invisible and “unknown”.

Generally indifferent

Others are left with children they cannot take care of because they are usually from disadvantaged backgrounds, after they are repeatedly raped and defiled, usually by the same men. Sadly, communities are generally indifferent and do not appear to care about the fate of such women and girls. The trend is to shrug them off.

Were communities to take it upon themselves to embrace and change their attitude towards these vulnerable Kenyans, they would be shielded from the unscrupulous, dishonourable and shamelessly abusive men. The criminals would be identified, arrested, prosecuted and shamed as unfit to live in a civilised community.

There are also questions as to whether the two levels of government have done, or are doing, enough to ensure that the rights of women and girls are upheld and protected. It’s important that we know whether our laws are friendly to people with disabilities, and specifically women and girls.

Take, for instance, Section 146 of the Penal Code, which not only clearly discriminates against individuals with mental health issues and intellectual disability, but also insults them.

While it seeks to protect them against sexual abuse, rape and defilement, the law states: “Any person who, knowing a person to be an idiot or imbecile (emphasis mine), has or attempts to have unlawful carnal connection with him or her....”

This is outrightly disparaging, demeaning, derogatory and discriminative. The State has the duty and responsibility to promote and respect everyone’s rights, and equally at that. It must remove the shameful language in this law.

Women and girls with mental and intellectual disabilities often fall prey to sex pests and other miscreants. Let’s not add insult to injury veiled in legalese.

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On the International Women’s Day, I was at a simple but very special restaurant. The waitresses and waiters at the Pallet Café, in Lavington, are hearing-impaired. They are a warm lot of young women and men with ready and inviting smiles for customers. They automatically make one feel at home and, somehow, the communication just flows.

We should appreciate the management for recognising these special young Kenyans.

Ms Rugene is consulting editor. [email protected]. @nrugene