Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2019-05-22
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

Kenya Court Finds Forced Anal Exams Unconstitutional
From www.hrw.org
2018-03-22

facebook twitter google +1 reddit email


( Nairobi, March 22, 2018 ) — A Court of Appeal in Mombasa, Kenya, ruled on March 22, 2018, that conducting forced anal examinations on people who are accused of same-sex relations is unconstitutional, Human Rights Watch said today. It was a resounding victory for lesbian, gay, bisexual, and transgender ( LGBT ) rights activists in Kenya and beyond.

The ruling reversed a 2016 High Court decision that had upheld the Kenyan authorities' use of forced anal exams to attempt to provide evidence of homosexual conduct. The National Gay and Lesbian Human Rights Commission ( NGLHRC ), a nongovernmental organization based in Nairobi, filed a constitutional challenge after police arrested two men in Kwale County in February 2015 on charges of homosexuality, and subjected them to forced anal exams, HIV tests, and Hepatitis B tests at Mombasa's Madaraka Hospital.

"The ruling that forced anal exams violate Kenya's constitution is of tremendous significance," said Neela Ghoshal, senior LGBT rights researcher at Human Rights Watch. "The ruling affirms the dignity of the two Kenyan men who were subjected to these horrific exams, and it reinforces the understanding that the constitution applies to all Kenyans, regardless of their sexual orientation or gender identity."

The petitioners contended that forced anal testing is cruel, inhuman, and degrading treatment that can amount to torture. The exams usually involve doctors or other medical personnel inserting their fingers, and sometimes other objects, into the anus of the accused. In other cases, victims are ordered to strip naked and bend over or lie down with their feet in stirrups while doctors "visually" examine their anal regions.

Momentum has built in opposition to forced anal exams in recent years, in the countries where law enforcement makes use of the exams, and internationally. The Independent Forensic Experts Group has found that the exams, which are based on long-outdated 19th century medical theories, are both medically worthless and a severe violation of medical ethics. Numerous United Nations ( UN ) agencies have opposed forced anal exams, and the Committee Against Torture has called on several countries, including Cameroon, Egypt, and Tunisia, to stop conducting them.

In October 2017, the World Medical Association adopted a resolution condemning forced anal exams and calling on doctors to stop conducting them. National medical associations in Lebanon, Tunisia, and most recently in Kenya have also criticized the exams. Tunisia, during its Universal Periodic Review at the UN Human Rights Council in September, accepted a recommendation to prohibit the use of forced anal exams, although it has not yet taken steps to do so.

Other countries that have conducted forced anal exams on people accused of homosexuality in the last eight years include Tanzania, Turkmenistan, and Zambia.

"With this ruling, the judges are saying that we all deserve to be treated with dignity and afforded our basic rights, as enshrined in the Kenyan Constitution," Njeri Gateru, head of Legal Affairs at NGLHRC, said in a statement.

Activists hope that the ruling will lend support to other civil rights cases pending in Kenya's courts. In 2016, NGLHRC, along with the Gay and Lesbian Coalition of Kenya ( GALCK ) and the Nyanza Rift Valley & Western Kenya Network ( NYARWEK ), filed a constitutional challenge to sections 162( a ) and ( c ) and 165 of Kenya's penal code, which criminalize consensual same-sex relations. The groups contend that these colonial era laws prohibiting "carnal knowledge against the order of nature" violate the rights of LGBT Kenyans and others to privacy, equality and non-discrimination. A ruling is expected in the coming months.

"This landmark ruling places Kenya's courts at the vanguard in affirming that the government cannot deny LGBT people their basic rights," Ghoshal said. "No one should be subjected to forced anal exams, and no one should be deprived of their rights because of who they are or whom they love."

For more Human Rights Watch reporting on Kenya, please visit:

www.hrw.org/africa/kenya .

For more Human Rights Watch reporting on LGBT rights, please visit:

www.hrw.org/topic/lgbt-rights .

https://www.hrw.org/news/2018/03/22/kenya-court-finds-forced-anal-exams-unconstitutional


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

Rights orgs slam federal LGBT healthcare rollbacks 2019-05-24 - Numerous LGBT- and progressive-rights organizations came out against a Trump administration proposal to change the Affordable Care Act ( ACA ) such that ...


Gay News

HHS expected to propose rolling back non-discrimination protections for more than 1.5 million transgender people 2019-05-24 - The U.S. Department of Health and Human Services' Office for Civil Rights ( OCR ) is expected to announce tomorrow or soon after ...


Gay News

Trump-Pence admin targets LGBTQ non-discrimination healthcare protections 2019-05-24 - From Human Rights Campaign: WASHINGTON— Today, the Human Rights Campaign (HRC) — the nation's largest lesbian, gay, bisexual, transgender and queer (LGBTQ) civil ...


Gay News

Judge orders Smollett files to be unsealed 2019-05-24 - Cook County Circuit Court Judge Steven Watkins, on May 23, ordered the case file in the now-defunct prosecution of openly gay Empire actor ...


Gay News

LGBTQ Inclusive Curriculum Bill Advances to Illinois Gov. JB Pritzker 2019-05-23 - SPRINGFIELD — A significant legislative measure to ensure students in Illinois public schools would learn about the contributions of lesbian, gay, bisexual, and ...


Gay News

Lambda Legal sues HHS for failure to disclose documents on LGBTQs 2019-05-22 - NEW YORK ( May 22, 2019 ) — Lambda Legal today filed a federal lawsuit to compel the U.S. Department of Health and ...


Gay News

WBAI installs new president, announces upcoming transgender-focused program 2019-05-21 - Wochner Law Firm LLC partner Corinne Cantwell Heggie will become the Women's Bar Association of Illinois ( WBAI ) president on May 30, ...


Gay News

2019 Pride Month Calendar 2019-05-21 - JUNE ( various dates, to be announced ) - CENTER ON HALSTED - During Pride Month, the Center will feature a variety of ...


Gay News

Legislation to advance equity for LGBTQ older adults advances to Gov. Pritzker 2019-05-21 - SPRINGFIELD - Legislation to advance equity for lesbian, gay, bisexual, transgender, and queer ( LGBTQ ) older adults has passed the Illinois General ...


Gay News

NBJC on transgender deaths, "How Can We Celebrate Pride If We Keep Dying?" 2019-05-21 - WASHINGTON — This past weekend, Muhlaysia Booker, a young Black Transgender woman, was found murdered in Dallas, Texas. In April of this year, ...


 



Copyright © 2019 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor
Sponsor
Sponsor


 



About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.