Different in colour, equal in rights

Discrimination as a link to the violation of other rights of persons with albinism

Authors

  • Linus Nyerere Kabarak University

Keywords:

albinism, colour, disabilities, discrimination, ignorance, rights, obligations, public education

Abstract

Whereas it can be argued that generally, in Kenya, there exists cogent laws that guarantee all persons the enjoyment and protection of inherent fundamental rights and freedoms, this article submits that it is not a lived reality for persons with albinism. The article focuses on the freedom from discrimination where it argues that ignorance among members of Kenyan society is the main recipe for discrimination against persons with albinism. As will be evidenced in this article, such discrimination is cross cutting and it affects the enjoyment of the rights to dignity, education and employment. This article also discusses the gains and shortfalls of the legal regime under which the rights of such persons are anchored by making reference to; the Constitution of Kenya 2010, statutes such as  the Convention on the Rights of Persons with Disabilities among others. Moreover, it proposes measures to curb violations of the rights of persons with albinism such as efficient and widespread public education through the creation of awareness of the rights of persons with albinism.

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Author Biography

Linus Nyerere, Kabarak University

The author is an LLB graduate from Kabarak University Law School, & is currently enrolled in the Advocates Training Program at the Kenya School of Law. He expresses his utmost gratitude to his colleagues, peers and mentors for their meaningful support & advice in the writing of this paper. He notes that this work was inspired by an earlier essay submission to commemorate the Albinism Awareness Day 2021, organised by the Kenya National Commission on Human Rights where said paper was ranked second best essay overall.

Published

2022-12-09

How to Cite

Nyerere, L. (2022). Different in colour, equal in rights: Discrimination as a link to the violation of other rights of persons with albinism. Kabarak Law Review, 1, 1–37. Retrieved from https://journals.kabarak.ac.ke/index.php/klr/article/view/239

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