Gender-Neutral Uniforms, Washrooms To Be Introduced In Schools

By Getrude Mathayo / Published May 31, 2023 | 12:05 pm

KEY POINTS

The bill titled, The Children Bill, 2021, was set to repeal the Children Act, of 2001, and align the legal framework that governs children's issues with the Constitution.

The Kenya National Commission on Human Rights has recently introduced a new bill that will see learning institutions introduce uniforms, washing, and accommodation facilities that are gender-neutral.

The Intersex Persons Bill of 2023 wants to make sure that the rights of intersex people in Kenya are recognized, protected, and safe. The purpose of this bill is to recognize, protect and safeguard the rights of intersex individuals within the country.

If approved, the bill will require learning institutions to admit intersex persons to any course or study and introduce gender-neutral practices in a bid to foster inclusion.

One of the key provisions of the bill is the obligation for learning institutions to admit intersex persons to any course or study. This aim is to ensure equal education opportunities for intersex individuals, promoting inclusivity and diversity in the learning environment.

“The Cabinet Secretary responsible for education shall ensure that intersex learners get the provision of private and sanitary toilets, washing facilities, accommodation facilities, and uniforms that are neutral or, if designated by sex, by allowing the intersex learners to use the facility and uniform that accords the learner’s self-recognized sex,” the bill reads.

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Under the bill, the Cabinet Secretary will also ensure that educational institutions take into account the needs of intersex persons when drafting entry requirements, pass marks, and curriculum examinations. The learners will be allowed to choose learning and sporting activities per their self-recognized sex.

This acknowledges the unique circumstances and challenges that intersex individuals may face in the educational system. By taking into account their needs, the bill seeks to create a more inclusive and supportive educational environment for intersex learners.

This isn’t the first time a bill that seeks to recognize intersex persons has been proposed. In 2019, former nominator senator Isaac Mwaura sponsored a bill that would have allowed for the recognition of Intersex persons who choose to undergo surgery and change their gender identity.

The draft law was seeking to amend Section 9 of the Registration of Persons Act, 2012. At the time, human rights activist Jedidah Waruhiu termed the move as a bold step in attempting to implement the recommendations based on the findings of the 2018 Taskforce on Legal, Policy, Institutional, and Administrative Reforms regarding Intersex Persons.

She said being intersex is not an abnormality rather ‘it’s just the third sex marker.’ In 2021 then National Assembly Majority Leader Amos Kimunya proposed a similar Bill.

The bill titled, The Children Bill, 2021, was set to repeal the Children Act, of 2001, and align the legal framework that governs children’s issues with the Constitution.

Human Rights activists have been advocating for the recognition and protection of intersex persons’ rights in Kenya. They argued that being intersex is not an abnormality but rather a valid expression of the diversity of human biology.