21: Please explain what measures are being adopted to respect the right of persons with disabilities, especially persons with psychosocial and/or intellectual disabilities, to marry and found a family. Response: At the time of preparation and submission of this report, there were no measures in place to anchor and facilitate respect to the right of persons with disabilities, especially persons with psychosocial and/or intellectual disabilities, to marry and found a family. The Marriage Act, 2014 and especially section 11 (2) are hostile to marriages involving adult persons with disabilities. This piece of legislation provides mind’ as a ground for dissolution of marriage. There is also hostile community ‘unsound attitude towards acceptance of marriage between 2 persons with disabilities especially those with intellectual disabilities. Proposed recommendations on Article 23: a) Ensure support to families with persons with disabilities to raise their children at home. Take steps to develop quality support services to families of children with disabilities in both urban and rural areas as well as make available sufficient financial support and benefits for families to care for their disabled child; and ensure the availability and effective dissemination of information to parents about services and benefits. Ensure support, information and advice, and training courses for parents and caregivers of children with disability so they are equipped to facilitate children’s participation in the community and assistance to express their views and to be consulted. b) Take concrete steps to scale up the Cash transfer initiative to facilitate independence as children with disabilities transit to adulthood. With regards to Cash Transfers, take steps, in close consultation with representative organisations of persons with disabilities to formulate guidelines through which support services rendered by families to children with disabilities is quantified. c) Take immediate steps to repeal discriminatory provisions of the Family Law and guarantee persons with intellectual disabilities, persons with psychosocial disabilities, and persons under guardianship, the right to marry and to adopt on an equal basis with others. d) Enact legislation which prohibits the child being separated from their parents on the basis of the disability of either the child or one or both of the parents. Education (art. 24) Issue 22: Please explain in detail how the party is working towards inclusive education, in particular for children with high-level support needs. Please also give information on the current status of inclusive education in the education policy. Response:
21: Please explain what measures are being adopted to respect the right of persons with disabilities, especially persons with psychosocial and/or intellectual disabilities, to marry and found a family. Response: At the time of preparation and submission of this report, there were no measures in place to anchor and facilitate respect to the right of persons with disabilities, especially persons with psychosocial and/or intellectual disabilities, to marry and found a family. The Marriage Act, 2014 and especially section 11 (2) are hostile to marriages involving adult persons with disabilities. This piece of legislation provides ‘unsound mind’ as a ground for dissolution of marriage. There is also hostile community attitude towards acceptance of marriage between 2 persons with disabilities especially those with intellectual disabilities. Proposed recommendations on Article 23: a) Ensure support to families with persons with disabilities to raise their children at home. Take steps to develop quality support services to families of children with disabilities in both urban and rural areas as well as make available sufficient financial support and benefits for families to care for their disabled child; and ensure the availability and effective dissemination of information to parents about services and benefits. Ensure support, information and advice, and training courses for parents and caregivers of children with disability so they are equipped to facilitate children’s participation in the community and assistance to express their views and to be consulted. b) Take concrete steps to scale up the Cash transfer initiative to facilitate independence as children with disabilities transit to adulthood. With regards to Cash Transfers, take steps, in close consultation with representative organisations of persons with disabilities to formulate guidelines through which support services rendered by families to children with disabilities is quantified. c) Take immediate steps to repeal discriminatory provisions of the Family Law and guarantee persons with intellectual disabilities, persons with psychosocial disabilities, and persons under guardianship, the right to marry and to adopt on an equal basis with others. d) Enact legislation which prohibits the child being separated from their parents on the basis of the disability of either the child or one or both of the parents. Education (art. 24) Issue 22: Please explain in detail how the party is working towards inclusive education, in particular for children with high-level support needs. Please also give information on the current status of inclusive education in the education policy. Response:
INT_CRPD_CSS_KEN_21296_E.docx