LEGISLATIVE FRAMEWORK IN KENYA ON THE RIGHTS OF CHILDREN WITH DISABILITIES

INTERNATIONAL LAWS

Under The Constitution of Kenya, article 2(5) and (6), treaties and rules of international law are part of Kenyan Law. This essentially means that even without domesticating some of the treaties their obligations apply directly to Kenya.

The Convention on the Rights of the Child is the first treaty that protected children rights. It guiding principles have a direct impact to children with disabilities. These include; non-discrimination, that these children should not be discriminated on the ground of disability, best interests of the child; under this rubric states must eradicate policy laws which do not place the best interests of the child as paramount, A child’s survival and development; that laws set must aim at ensuring development and survival of the child, and finally, Child participation, i.e. that children with disabilities or organizations representing them be consulted in matters and decisions affecting them. Article 23 of the Convention lays emphasis on the right of these children to special care and support to ensure they live full and independent lives. Most importantly the article guarantees the disabled children all the rights in the Convention.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) through General Comment 5 states that persons with disabilities should be guaranteed all rights under the covenant. On education, the convention provides the right to basic education as an unequivocal right and therefore should be free and compulsory. Through General Comment 13, certain standards with respect to the right of the disabled child to education are set. These include: Adaptability; that education meets emerging societal needs and those of learners of diverse social and cultural backgrounds, availability; i.e.