Let’s recap before we jump into the specialised International treaties that Kenya has ratified, which reinforce Kenya’s legal frameworks on technology-facilitated gender-based violence (TFGBV). Last week, we read how the constitution of Kenya establishes that the general rules of international law and all ratified treaties are automatically part of Kenyan law. We also looked at the main treaties relevant to TFGBV that Kenya ratified. This week, we’ll turn to the specialised treaties highlighted in our report. The specialised treaties that target the protection of vulnerable groups and the eradication of harmful practices, especially those affecting women, children, and other at-risk populations.
In a landmark step in protecting children’s rights, Kenya endorsed the International Labour Organisation’s Convention on the Worst Forms of Child Labour (1999). This treaty compels the government to take decisive actions to prohibit practices such as child trafficking, slavery, forced labour, and all forms of exploitation that threaten the well-being or morality of minors.
Gender equality remains a central pillar in Kenya’s legal framework through the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW mandates not just freedom from discrimination, but also the active elimination of discriminatory customs, practices, and stereotypes. It requires legal reforms to ensure women’s equality before the law and direct action against trafficking, exploitation, and sexual abuse of women.
Regionally, the Maputo Protocol, officially known as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, builds on these principles with further guarantees. The protocol explicitly calls for the protection of women’s dignity and personal security, an end to exploitation and harmful cultural practices, equal access to justice, and special protections for older women and women with disabilities.
Complementing these legal obligations are “soft law” standards, such as the African Commission’s Declaration of Principles on Freedom of Expression and Access to Information in Africa (2019). This Declaration urges African states to adopt measures that protect female journalists and media professionals from sexual and gender-based violence, harassment, and intimidation. It also advocates for effective laws against child sexual abuse online and prohibits the non-consensual sharing of intimate images, a critical step in tackling digital forms of abuse.
Kenya’s commitment to combating human trafficking is also reflected in its ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This instrument, adjunct to the United Nations Convention against Transnational Organised Crime, strengthens both preventive and punitive measures against trafficking, and places victim support at the centre of state responses.
For persons with disabilities, Kenya has ratified the Convention on the Rights of Persons with Disabilities (CRPD), ensuring equality, non-discrimination, and additional legal protections for women and children with disabilities. The CRPD enshrines access to justice, personal security, freedom from violence, and the right to privacy and dignity.
Further, Kenya is a party to a range of regional treaties: the Protocol on the Rights of Persons with Disabilities in Africa enhances protections and participation for people with disabilities; the Protocol on the Rights of Older Persons in Africa recognizes the dignity and social rights of the elderly; and the African Youth Charter sets out broad protections and opportunities for young people, safeguarding their participation and security.
Together, these overlapping commitments, spanning both international conventions and regional charters, create a comprehensive shield for Kenya’s most vulnerable groups. This layered framework supports existing constitutional guarantees and addresses emerging threats in the digital era.