Submission on the Right to Health in Kenya

Submission Overview

This submission by Tranzuri Organization, a transgender-led community-based group in Homa Bay County, Kenya, addresses violations of the right to the highest attainable standard of health under Article 12 of the ICESCR. It draws on lived experiences, community-based data, and legal analysis to highlight systemic discrimination and barriers in healthcare.

Key Issues

1. Discrimination in Healthcare Access

   • Transgender and gender-diverse persons face denial of services.
   • Lack of sensitization among healthcare providers.
   • Absence of policies addressing gender-affirming healthcare.

2. Structural Barriers

   • High costs of care, especially for marginalized populations.
   • Limited facilities outside Nairobi providing inclusive services.
   • Stigma deterring community members from seeking treatment.

3. State Responsibility

   • Kenya has ratified ICESCR and is obligated to respect, protect, and fulfill the right to health.
   • Current practices shift the burden of proof onto victims rather than the State.
   • Limited implementation of recommendations from past treaty body reviews.

Recommendations

• Adopt policies guaranteeing non-discrimination in healthcare, including on the basis of gender identity.
• Train and sensitize healthcare workers nationwide.
• Ensure availability and affordability of gender-affirming and inclusive health services.
• Shift the burden of proof in cases of alleged ill-treatment to the State, in line with CESCR standards.

References

• International Covenant on Economic, Social and Cultural Rights (Article 12)
• CESCR General Comment No. 14: The Right to the Highest Attainable Standard of Health
• Community-based documentation collected by Tranzuri Organization (2024)

“The right to health is not merely the absence of disease but the presence of systems that guarantee dignity, equality, and access for all.” – Tranzuri Organization