c) Enact a more stringent law to address domestic violence and sexual offences; discrimination against women, and undertake concrete steps and policies which will enhance the participation of women in government and in key positions; Response The Constitution of Kenya contains several safeguards for the protection of women, children and all persons from all forms of violence. Besides embracing the principle of the inherent dignity of the person, the Constitution also safeguards the fundamental freedom and security of the person. It explicitly outlaws any form of violence from either private or public sources. Freedom from torture and cruel, inhuman and degrading treatment or punishment and freedom from slavery and servitude are some of the non-derogable rights in the constitution. A number of legislative and policy measures have been taken to protect women. A more comprehensive list of legislation and policies has been provided in the main body of this Report. Following are some of the administrative and programmatic measures taken: The Protection against Domestic Violence Bill 2014 is currently before Parliament for discussions. The legislation once enacted will provide protection and relief of victims of domestic violence. The Bill addresses, among other issues, violence within families, forced wife inheritance and harassment by in-laws. It seeks to protect victims of domestic violence and provide protection for spouses and any children or dependants within the family. In addition, it recognises sexual violence within marriage, child marriage, FGM, incest, defilement and sexual abuse as forms of domestic violence. Economic abuse, damage to property, emotional or psychological abuse, virginity testing and widow cleansing are also described as forms of domestic violence. Public awareness and community dialogue on the Female Genital Mutilation Act 2011 and the dangers of FGM are being undertaken in the four districts where the practice is rampant. A Sexual Offences, Gender Violence and Victim’s Rights Section was set up in the Office of the Director of Public Prosecutor to conduct trainings and sensitization of investigators, police prosecutors and judicial officers on Sexual and Gender based violence cases throughout the country with the objective of enhancing their capacity to respond effectively to these crimes. The Section also conducts specialized training on forensic investigations, crime scene management, collection, preservation and presentation of evidence;  A Prosecutor’s Manual on Sexual Offences has been developed and is being used to train investigators and Police Officers on the investigation and prosecutions of sexual offences;  Gender units have been set up in all ministries to enhance gender sensitivity in administrative operations when giving services. There are also various awareness initiatives that have been undertaken by ministries even in collaboration with CSO to sensitive members of the public on gender issues; and The training curriculum for police officers has been reviewed and now incorporates training on human rights including the prohibition of torture and ill treatment. The curriculum was engendered through the concerted efforts of government and UN women. Gender Violence Recovery centres have been opened in major public hospitals across the country to deal with matters of gender violence. d) Take necessary steps for the ratification and domestication of: The Protocol to the African Charter establishing an African Court on Human and Peoples’ Rights and make declaration under Article 34 Response 70

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