Sexual and reproductive health is a fundamental human right as a human development issue that states strive to fulfill as indicated in the report of the public inquiry into violations of Sexual and Reproductive Health and Rights in Kenya in April 2012 by the Kenya National Commission on Human Rights. The Kenyan Constitution under Article 43 of the Bill of Rights states that every Kenyan has a right to the highest attainable standard of health which includes the right to health care services including Sexual reproductive health.
The LGBTIQ+ community has been left out of the conversation about sexual reproductive health Rights; this is due to the existing penal code that criminalizes homosexuality and same-sex marriage which has been witnessed in the recent judgment of the supreme court on freedom of association. Misinformation has led to misinterpretation of the ruling which came as a win for the gender and sexual minorities, instead leading to increased human rights violations, stigma, and discrimination on the grounds of their sexual orientation and gender identity.
This has contributed to many LGBTIQ+ organizations closing, limiting access to sexual and reproductive health and rights services, especially HIV, and a barrier to legal services. Accessing contraceptives thus preventative commodities and sexually transmitted infection treatment due to fear of being attacked by the general public has placed the community further at risk of re-infection and new incidences rates of HIV. Given the current situation of increased violence, Gender Sexual Minorities might not be able to participate in decision-making processes by the Government due to the witnessed biases in services provision.
The Ministry of Health needs to address the health needs of sexual and gender minorities through policies that will protect and promote access to Sexual and reproductive health and Rights services for LGBTIQ+ persons without prejudices. Protection of safe spaces for the LGBTIQ+ community in accessing SRHR. Increased and targeted awareness of existing laws that protect all human beings especially the LGBTIQ+ within Kenya to enhance service provision. The funders to invest more in the person-centered approach of SRHR for the LGBTIQ+ community.