2. the national human rights institution mandate
moral stigmatization is compounded
by criminal laws and restrictive
regulations, female sex w
orkers
especially prone to sexual abuse not
just from customers and pimps but
also from the police force. S
pecial
strategies are needed to reach sex
workers. Similar issues may be
relevant for LGBT persons.
3. A specific way of raising awareness
while also monitoring the situation,
giving victims and other stakeholders
a chance to be heard and coming up
with concrete proposals for steps to
take with respect to both legislation
and policy is the national inquiry. There
is no clear-cut definition of a national
inquiry but it will normally mean a
process that includes a study and analysis of complaints received and other
material already accessible to the NHRI;
additional desk and field research, if
needed; public meetings; and a comprehensive report with description and
analysis of the situation and proposals
for changes to regulations and policy. A
national inquiry will normally be relevant
in cases where widespread violations
are expected or documented and where
it seems likely that systemic problems
rather than (or in addition to) individual transgressions are to blame. It will
be relevant to consider partnerships,
both nationally and with development
partners, like UNFPA and other United
Nations organs.
KENYA NATIONAL COMMISSION ON HUMAN RIGHTS (KNCHR)
NATIONAL PUBLIC ENQUIRY ON SEXUAL AND REPRODUCTIVE
HEALTH
After receiving a complaint from two civil society organizations, alleging violations of
reproductive rights at public health facilities, in particular at a specific maternity hospital,
supported by research showing widespread problems, such as delays in providing
reproductive health care, inadequate access due to prohibitively high fees, the detention
of women at health facilities due to the inability to pay bills, negligence and mistreatment
during delivery, and issues relating to discrimination and lack of consent for HIV testing,
KNCHR decided to carry out a national public inquiry on sexual and reproductive health.
Preliminary research had indicated widespread violations and problems and it seemed
relevant to give victims a platform to speak out. The inquiry was launched on 7 June 2011.
The objectives were established as follows:
1. To establish the legal and policy framework governing the implementation of sexual
and reproductive health rights in Kenya and its effectiveness;
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