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Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children?
Mini Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613480765358080 |
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| access_status_str | Open Access |
| author2 | Ngwena, Charles |
| author_browse | Ngwena, Charles |
| author_facet | Ngwena, Charles |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/70124 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:49.486Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/70124 Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? Ngwena, Charles u16110511@tuks.co.za Durojaye, Ebenezer Kigera, Soila Muciru UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. The provisions of Section 8(1) and 11(1) of the Kenyan Sexual Offences Act of 2006 are framed in a manner that essentially criminalises factually consensual sexual relations between adolescents. This is premised on social constructions around children’s sexuality that influence how the law is framed. Most societies view children as innocent and non-sexual and thus in need of protection. However, this narrow perception fails to recognise children as right holders and denies them of their sexual rights. Sexual rights in themselves are not self-standing and do not bear an authoritative stand in international law but are linked to other rights that are already recognised in national laws and provided for under international human rights conventions. Notwithstanding all the instruments that protect and promote the rights of children on matters of sexuality, it is clear that the matter of children’s sexuality is a delicate subject because of the nature of children. Matters relating to the assessment of whether a child has the capacity to consent are not straightforward and the state has an arduous task of balancing protectionism versus self-determination by fixing age limits that are not too high or too low. Kenya’s population ratio of youth aged between 15 and 24 years stands at 20.3 per cent meaning that out of a population of 49.7 million, 10.1 million are youth. Therefore, for Kenya to achieve its development goals it must protect and harness the potential of its youth by recognising sexuality as an important component in the development stages of an adolescent. Centre for Human Rights LLM Unrestricted 2019-06-02T11:40:09Z 2019-06-02T11:40:09Z 2019/04/04 2018 Mini Dissertation Kigera, SM 2018, Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children?, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70124> A2019 http://hdl.handle.net/2263/70124 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? |
| title | Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? |
| title_full | Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? |
| title_fullStr | Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? |
| title_full_unstemmed | Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? |
| title_short | Does criminalisation of consensual sex between minors in Kenya violate the constitutional rights of children? |
| title_sort | does criminalisation of consensual sex between minors in kenya violate the constitutional rights of children |
| topic | UCTD |
| url | http://hdl.handle.net/2263/70124 |