
Most people are not aware that the Children Act 2022 took effect on Tuesday and with it, came the recognition of a third gender named ‘intersex’.
The Act defines Intersex as “a child with a congenital condition in which the biological sex characteristics cannot be exclusively categorised in the common binary of female or male due to inherent and mixed anatomical, hormonal, gonadal or chromosomal patterns, which could be apparent prior to, at birth, in childhood, puberty or adulthood.”
The Rights of an intersex child, who are supposed to be recognized at birth by the registrar, are as follows: treated with dignity, given education, considered in the special needs category etc.
Henceforth there will be Male, Female and Intersex persons in Kenya.
“Male, female and intersex children deprived of liberty shall be accommodated in separate facilities”, Children Act 2022
Intersex children can have organ removal or change only at the advice of a medical geneticist.
Other notable issues
The Act states that any child found in Kenya who is or appears to be below the age of 8 and whose nationality and parents are unknown will be considered a Kenyan citizen by birth.
Read more here.
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