Abstract

NDIMURWIMO, Leah Alexis; WANJALA, Esther Nasimiyu  and  MAKORI, Asande Felix. A critique of the efficacy of the right to shelter for street children in Kenya. Law democr. Dev. [online]. 2024, vol.28, pp.102-128. ISSN 2077-4907.  http://dx.doi.org/10.17159/2077-4907/2024/ldd.v28.5.

The right to housing or shelter is a fundamental right that has been given recognition at national, regional, and international levels. In Kenya, everyone's right to access adequate housing and basic shelter is enshrined in the Constitution of Kenya, 2010 and various international and regional human instruments, but there is no specific legislation or policy that caters to the right of street families and children to access housing or shelter. The gap that exists in law and policy deepens the vulnerability of street families and children, who are being left behind and not included in governmental socioeconomic programmes and interventions targeting vulnerable and marginalised persons. For example, street children are often excluded from planning, budgeting, and national decisions relating to socio-economic rights that include shelter. This article considers how Kenya's street children's right to shelter may be protected. Accordingly, it recommends measures that could be taken to protect their right to shelter, as well as other socio-economic rights, and thereby create a pathway to realising the values of equality and human dignity enshrined in the Constitution.

Keywords : street children; shelter; non-discrimination; minimum core obligations; sustainable development; Kenya.

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