Sexual minorities, including men who have sex with men (MSM) and transgender people, face high rates of HIV prevalence. However, many lack basic human rights protections and access to HIV services that could help reduce infections and fulfill the 2006 commitment of member states to “ensure the full enjoyment of all human rights and fundamental freedoms by people living with HIV and members of vulnerable groups.”
MSM have not long been recognized as an integral part of Kenya’s society. The societal disapproval and criminalization of same-sex relations in Kenya foster nondisclosure and minimal public health interest in MSM. As a result, there has been a paucity of information on the health-related risks MSM face due to their lifestyles, as well as the prevention and health care strategies needed to address these risks.
Continued stigmatization and discrimination at health care facilities, combined with a lack of confidentiality and acceptance of sexual minorities by health care workers, deny them their right to the highest attainable standard of health—a fundamental human right. Policies must be put in place to address the needs of LGBQ individuals. While some countries permit the free practice of homosexuality, others have implemented laws criminalizing it. Kenya is among the countries that criminalize same-sex relationships under Section 162 of the Penal Code.
It is crucial to recognize that having a different sexual orientation does not make someone less human. LGBQ individuals are entitled to their rights regardless of sexual orientation or gender identity. They have the right to health care and treatment despite discriminatory laws, making it imperative for health care providers to offer services without discrimination or stigmatization.
According to the UN, the legal prohibition of same-sex relations in many countries, alongside the widespread lack of support or protection for sexual minorities against violence and discrimination, impedes their access to sexual and reproductive health and rights. Moving forward, particular attention should be paid to LGBQ youth and fostering a culture shift within society to ensure their health needs are met.
Additionally, there is a need to create safe spaces for LGBQ individuals, free from isolation, both within the community and in health care settings. Education and awareness programs on human rights and the right to health are also crucial strategies. To respect the right to health for sexual minorities within the health care system, there must be a change in attitudes and perceptions among health care workers toward sexual minorities, and vice versa.
Strengthening health facilities to effectively address the needs of sexual minorities is essential. The government must ensure that health care services, including HIV and STI services, are accessible to sexual minority groups without stigma or discrimination from health care workers. To improve the utilization of health care services by sexual minorities in Kenya, health care providers need training and capacity-building on issues related to sexual minorities and their health needs. This will be instrumental in addressing concerns about the stigmatization of their sexual behaviors, orientations, and identities within health care facilities.
