CAT/C/KEN/CO/2
Abortion in case of rape or incest
28.
While acknowledging the information provided by the State party that in practice
physicians may allow abortion in cases where a woman has been subjected to incest or
rape, the Committee is concerned that there is no right to abortion in such cases and, as a
consequence, women are left in an unjustified discretionary situation with grave
repercussions on their health due to the resulting uncertainty for women and medical
doctors (art. 2 and 16)
The Committee recommends that the State party amend its legislation in order to
grant women who have been subjected to rape or incest the right to abortion
independently of any medical professional’s discretion.
The Committee recommends that the State party evaluate the effects of its restrictive
legislation on abortion on women’s health with a view to regulating this area with
sufficient clarity.
Juvenile justice and age of criminal responsibility
29.
While noting the information that the Children Act (Amendment Bill) (2011) and
the Child Justice Bill (2011) propose raising the age of criminal responsibility to 12 years,
the Committee remains concerned that the bills have not been enacted and that the age of
criminal responsibility remains at 8 years (art. 2).
The Committee recommends that the State party adopt the bills on children with a
view to raising the age of criminal responsibility to internationally acceptable
standards, as expressed in general comment No. 10 (2007) of the Committee on the
Rights of the Child on children’s rights in juvenile justice (paras. 32 and 33). The
State party should ensure the full implementation of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) (General
Assembly resolution 40/33), the United Nations Guidelines for the Prevention of
Juvenile Delinquency (The Riyadh Guidelines) (General Assembly resolution 45/112,
annex) and the United Nations Guidelines for the Protection of Juveniles Deprived of
Their Liberty (General Assembly resolution 45/113).
Violence against children
30.
The Committee is concerned by the lack of effective monitoring of violence against
children in schools and in public institutions. While the Committee welcomes the
establishment of 14 Child Protection Units in police stations, it remains concerned that
these are concentrated in urban centres, leaving children in rural areas without such
protection (arts. 2 and 11).
The State party should strengthen its complaints mechanisms, follow-up procedures
and support services for children who have been tortured and abused, including by
extending Child Protection Units to police stations countrywide and by affording
countrywide child helpline call centres. The State party should also strengthen its
inspection and monitoring of Charitable Children Institutions to ensure that children
do not stay for long periods, unless under special circumstances. The State Party
should take effective measures to ensure that all children are always protected from
violence and other forms of mistreatment in schools and institutions.
The findings of the National Gender and Equality Commission’s monitoring of
children’s institutions should be made available and its recommendations should be
implemented.
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