Challenges affecting the degree of realisation of the right to take part in cultural life
241. Challenges in ensuring the right to culture include the lack of cultural data and statistics to support its
development for planning purposes, as it falls in the informal sector. Due to its informal status, the
level of technical and financial support is minimal leading to inadequate infrastructure, research, and
lack of lobbying skills for approval of cultural legislative frameworks. As a result, the sector which has
a lot of potential has not had a major impact in addressing pertinent cultural practices and traditions
affecting gender, FGM, negative ethnicity, health, tourism, employment and children rights.
However, the Government is committed to ensuring data for the cultural sector is developed. In 2012,
Kenya partnered with the EAC Partner States in conducting a national mapping study on creative
cultural industries. Already a pilot study has been successfully carried out and a road map for the full
national study has been finalized. This will result in development and enjoyment of the cultural
creative industries sector and enhanced linkages between culture and mainstream tourism sector to
ensure exploitation of cultural heritage is beneficial to every Kenyan. Challenges facing the country’s
cultural sector include:
a)
b)
c)
d)
e)
f)
Negative ethnicity
Inadequate cultural infrastructure and formal industrial support
Lack of funding
Lack of technical capacity to exploit cultural knowledge
Inadequate research in the culture sector
Negative attitude towards culture
242. As a way forward, the Government is encouraging research, utilization and development of
indigenous knowledge and appropriate technology as an essential ingredient for encouraging
innovations and finding community-based solutions to challenges facing the nation as well as setting
the foundation for sustainable development. Other benefits of developing the culture sector will be;
empowering the communities to safeguard and promote the environment by tapping on indigenous
knowledge systems on environmental management and integrating culture to the education system
which leads to creativity and scientific innovation.
Article 18: Right to family, women, children and disabled
Right of the family
243. The Government of Kenya is committed to ensuring that the family is protected. The foundational
tenets of protection are set out in Paragraph 5 of the Preamble to the Constitution of Kenya, 2010 which
reaffirms the commitment to nurture and protect the well-being of the individual, the family,
communities and the nation. Article 45(1) of the Constitution of Kenya, 2010 acknowledges the role of
the family and states that it is the natural and fundamental unit of society and the necessary basis of
social order, and shall enjoy the recognition and protection of the State. Article 45(2) adds that every
adult has the right to marry a person of the opposite sex, based on the free consent of the parties while
Article 45(3) states that parties to a marriage are entitled to equal rights at the time of the marriage,
during the marriage and at the dissolution of the marriage.
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