The National Gender and Equality Commission (NGEC) Chairperson Rehema Dida Jaldesa./COURTERSYThe National Gender and Equality Commission (NGEC) has warned public hospitals against denying free emergency care to survivors of sexual violence.
NGEC emphasised that they are entitled to free, immediate and dignified medical care regardless of their Social Health Authority (SHA) registration status.
In a public advisory issued on Tuesday, NGEC chairperson Rehema Dida Jaldesa said no survivor should be turned away, charged for treatment or required to register with SHA before accessing emergency medical services.
The commission said survivors are legally entitled to immediate medical examination and treatment of injuries, Post-Exposure Prophylaxis (PEP) to prevent HIV within 72 hours, emergency contraception, Pre-Exposure Prophylaxis (PrEP) where medically appropriate, collection and preservation of forensic evidence, completion of P3 and Post Rape Care forms, as well as counselling and psychosocial support.
"These services must be provided immediately, without discrimination, and regardless of whether you have registered with SHA, your ability to pay, whether you have a police report, or your age, gender or any other background," the advisory stated.
NGEC said the rights are guaranteed under the Sexual Offences (Medical Treatment) Regulations, 2012 and the Constitution.
The commission warned that it is unlawful for any public health facility or health worker to charge survivors for SGBV-related services, refuse or delay treatment because of stock-outs or lack of donor funding, deny treatment pending SHA registration, refuse to collect forensic evidence or turn survivors away.
"Such actions violate your constitutional rights to health, dignity, equality and access to justice," the commission said, citing Articles 27, 28, 43 and 48 of the Constitution and Regulation 3 of the Sexual Offences (Medical Treatment) Regulations, 2012.
NGEC advised survivors whose rights are violated to insist on receiving free post-rape care under the law and request to speak to the officer in charge or medical superintendent if services are denied.
It also urged them to document the name of the health facility, the health workers involved, and the date and time of the incident before reporting the matter to the National Gender and Equality Commission, the Kenya Police Gender Unit or Desk, or the relevant County Health Department.
The commission further urged survivors to seek medical attention as soon as possible, preferably within 72 hours, to maximise the effectiveness of HIV prevention medication.
"You do not need a police report before receiving medical treatment," the advisory states.
It also encouraged survivors to seek support from trusted individuals when visiting health facilities. It stressed that all services must be delivered with confidentiality, dignity and respect, without exposing survivors to secondary victimisation.
NGEC called on members of the public to support survivors in accessing immediate medical care, accompany them to health facilities where necessary and report any institution that charges for or denies SGBV-related treatment.
The commission also encouraged Kenyans to report agencies that discriminate against survivors and urged members of the public to register with SHA to ensure the delivery of accountable health services.
