The Intersex Persons Bill, 2023, proposed by the Kenya National Commission on Human Rights, aims to provide rights and protections for intersex learners in school. Section 10 of the bill states that learning institutions must not deny admission to intersex persons to any course or study based on their intersex status.
Under the proposed bill, the Cabinet Secretary for Education will be required to ensure that intersex learners are able to attend learning institutions regularly and participate fully in educational activities. This includes making sure all forms of registration and records allow the recognition of the intersex learner’s gender without requiring the gender of the learner to appear on their birth certificate or identity documents
The bill also requires educational practices and facilities to take into account the specific needs of intersex learners. This includes considering auxiliary services, and physical education requirements to create a supportive and inclusive environment for intersex learners.
The bill further advocates for the provision of private and sanitary toilets, washing facilities, accommodation facilities, and neutral uniforms that align with the learner’s self-recognized sex.
Lastly, the bill emphasizes the right of intersex learners to participate in leisure and sporting activities in accordance with their self-recognized sex. This will allow them to engage in sporting activities without facing discrimination.
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