ABSTRACT
What role can NHRIs play in the protection and promotion of sexual and reproductive health rights in their countries? This paper seeks to answer that question through two case studies from the work of the Kenya National Commission on Human Rights (KNCHR, the Commission). It starts by providing perspectives of various internationally accepted sources of what constitutes sexual and reproductive health rights (SRHR) and then highlights Kenya’s normative framework thereon. The paper then goes on to discuss the findings of KNCHR’s from its Public Inquiry into Violations of Sexual and Reproductive Health Rights in Kenya that was conducted in 2012 and from its work around the 2017 election period with regard to sexual and gender-based violence (SGBV) cases.
Several recommendations from both activities are then provided which if implemented by the Kenyan government can enhance the realization of the reproductive and sexual health rights of its citizenry. Such implementation would also make the Kenyan state compliant with its national, regional and international obligations.
Excerpts from the General Comments provided by two of Africa’s regional human rights mechanisms are also outlined in a bid to dissect how the ACHPR has interpreted its mandate in protecting women and girls’ SRHRs.
