Africa
Intersex Kenyans see significant gains since landmark law took effect
MPs approved statute last year
The push for intersex people to enjoy equal rights as Kenya’s third sex has recorded significant gains since a landmark law took effect last July.
Intersex people arrested for breaking the law can now be presented in court as intersex, since prosecutors have adopted the special ‘I’ sex marker for the group in charging documents.
This addresses the problem of authorities identifying intersex people for trial that became public in 2006 when police officers could not tell the sex of a detainee they perceived as a man who had been accused of a violent robbery. They had strip-searched him.
The gains noted in the latest report by the country’s Intersex Persons Implementation Coordination Committee also note the inclusion of intersex concepts in Kenya’s new education curriculum for awareness.
The IPICC falls under the purview of Kenya’s National Commission on Human Rights.
Intersex awareness in schools for recognition and capacity building in the future targets adolescents at the junior secondary level where they are educated on the reproductive system.
Veronica Mwangi, the IPICC’s head of secretariat who spoke to Washington Blade, commended the Office of the Director of Public Prosecutions for introducing the ‘I’ sex marker for intersex people in charging documents.
“We have made gains in the criminal justice but we should not go back to the tendencies where intersex persons only require a lot of attention when it comes to crime. It is a misconception that misses the map,” she said.
Citing a proposed Intersex Persons Bill 2023 currently undergoing public comment before being presented for debate in Parliament, Mwangi believes it envisages more benefits to intersex people.
For instance, the bill proposes access to more comprehensive medical attention for intersex people during surgeries and expensive medical examinations like Karyotype, a DNA and hormonal composition test that costs between $900-$1,000.
The bill would also require medical insurance providers to come up with an affordable, unique package that addresses the needs of intersex people by taking into account the reality of their lived experiences.
“The reality of the matter is you may give birth to an intersex child as a girl but later it turns out to be a boy. Hence the medical package that was given to the girl may not apply to the boy,” Mwangi said.
She added the medical insurance policy should be capable of responding to such changes, since intersex people will always have medical needs that keep shifting.
The bill would also allow intersex people to change their sex marker at any time to reflect their new status after undergoing a comprehensive medical examination and a medical certificate to prove it. The measure would also demand the government to recognize intersex people as a vulnerable group, such as those living with disabilities, women, young people and orphans, in order to more easily access social protection programs.
It would further require employers to consider intersex people for employment and the Kenya Examination Council to support the registration of intersex people’s’ academic documents that indicate their name has changed because of a legal sex change.
The Civil Registration Services, a government agency that documenting all births and deaths, has already been working closely with IPICC to change names on the birth certificates of intersex people to reflect their correct sex for easier access to public services.
Kenya became the first African country to grant equal rights and recognition to intersex people in 2022. It is also the first nation on the continent and the second in the world after Australia to count intersex people in a Census in 2019.
The survey showed 1,524 Kenyans were intersex.
After many years of marginalization and discrimination, the IPICC progress report states that several intersex people for the first time were involved in monitoring Kenya’s August 2022 general election as observers. Other intersex people subjected themselves to the electoral process to be nominated or elected as county assembly representatives, the lowest electoral position, including one in the Kenyan capital of Nairobi.
“This was a bold move and a big achievement because, for the first time in Kenya, intersex persons came out and tested the waters in politics,” Mwangi said.
She cited stigma and fear among intersex people in presenting conflicting documents about their sex to the electoral commission for clearance as the cause of staying away from politics before the enactment of the law that recognizes them. Mwangi urged intersex people to come out and take advance of available opportunities and assistance, since most of them don’t and it becomes hard to reach them.
Since the landmark law came into force in July last year; several psychosocial support groups for intersex persons, their parents and caregivers have been established in the country to offer any necessary assistance that includes counselling. The IPICC has also created a database of intersex people, a text message service and a toll-free number to report cases of discrimination and to advocate on their behalf.
Oct. 26, 2022, also marked the first official event that commemorated Intersex Awareness Day in Kenya.
Ghana
Ghanaian lawmakers approve anti-LGBTQ bill
Measure that would criminalize allyship awaits president’s signature
Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.
Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.
MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.
The bill awaits his signature.
Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.
Kenya
Kenyan High Court issues landmark transgender rights ruling
Government ordered to allow trans people to amend ID documents
Kenya’s High Court has ruled the country’s government cannot refuse requests to amend gender markers on birth certificates and other ID documents.
Audrey Mbugua, a prominent transgender activist, and two other people in 2020 sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget after they did not receive amended birth certificates.
The Washington Blade previously reported the three plaintiffs argued documents that do not correspond with their gender identity “has denied them opportunities and rights.” Oduor, for her part, in response to the plaintiffs’ claims argued “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”
High Court Justice Bahati Mwamuye ruled on May 20.
“The silence and delay cannot defeat rights,” ruled the court, according to the Daily Nation, a Kenyan newspaper. “Constitutional rights cannot be delayed over administrative convenience.”
The court in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name on her academic diplomas and to remove the male gender marker from them.
Kenya’s intersex rights law took effect in 2022. The government in February 2025 announced intersex people can receive birth certificates with an “I” gender marker.
The Daily Nation notes Mwamuye ordered the Registrar of Deaths and Births and other government agencies to “begin receiving and considering applications for gender-marker changes within” 60 days.
“Access to legal identity documentation is not just a human rights issue; it is a foundational pillar of socio-economic inclusion,” said the Initiative for Equality and Non-Discrimination, a Kenyan advocacy group, in response to the ruling. Without accurate IDs or passports, individuals face severe barriers to employment, financial systems, global business travel, and participation in governance and democratic processes.”
“This ruling marks a critical step forward in reducing administrative discrimination and fostering an inclusive environment where every Kenyan citizen’s legal identity aligns with their dignity,” added INEND.
Outright International, a New York-based global LGBTQ and intersex advocacy group, in a statement described Mwamuye’s ruling as “a meaningful shift towards aligning Kenya’s legal framework with constitutional guarantees of equality, privacy, and human dignity. Outright International also applauded Mbugua and other activists who fought for this change.
“Today, we celebrate a milestone — one achieved through resilience, solidarity, and an unwavering belief in justice,” said the group. “Outright International stands with transgender and intersex Kenyans in honoring this victory and reaffirming our commitment to advancing rights, recognition, and equality for all.”
Ghana
Intersex lives, constitutional freedom, and the dangerous future of Ghana’s Human Sexual Rights and Family Values Bill
Lawmakers continue to consider draconian measure
There is a dangerous silence surrounding intersex lives in Ghana — a silence shaped by fear, misinformation, cultural misunderstanding, and institutional neglect. Today, amid discussions around the possible passage of the Human Sexual Rights and Family Values Bill, 2025, that silence risks becoming law, reinforcing exclusion and deepening the marginalization of already invisible lives.
Much of the national debate surrounding the bill has focused on LGBTQ+ identities. Yet buried within it are implications for intersex persons that many Ghanaians do not fully understand because intersex realities remain largely invisible.
Intersex persons are born with natural variations in chromosomes, hormones, reproductive anatomy, and/or genital characteristics that do not fit typical definitions of male or female bodies. Intersex is not a sexual orientation or gender identity. It is a biological reality. Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) has clearly acknowledged this distinction.
Despite this distinction, the bill mistakenly collapses intersex realities into a legal framework linked to LGBTQ+ criminalization.
Although the bill contains only limited references to intersex persons, under certain medical exceptions, these references do not amount to recognition or protection. Instead, they frame intersex bodies as abnormalities requiring regulation, correction, and institutional management. This approach is inconsistent not only with Ghana’s constitutional guarantees of dignity, equality, privacy, and liberty, but also with emerging African and international human rights standards. The African Commission on Human and Peoples’ Rights Resolution on the Promotion and Protection of the Rights of Intersex Persons in Africa – ACHPR/Res.552 (LXXIV) 2023 affirms protections relating to bodily integrity, dignity, freedom from discrimination, and against harmful medical practices. Additionally, the United Nations has repeatedly condemned medically unnecessary and non-consensual interventions on intersex children. Rather than affirming the humanity and autonomy of intersex persons, the bill risks legitimizing systems of surveillance, coercion, violence, and institutional erasure.
This is not protection.
It is managed erasure.
A child born intersex in Ghana already enters a society shaped by secrecy and stigma. Families are often pressured to hide intersex children or seek “correction” to make their bodies conform to social expectations.
The bill risks intensifying this pressure.
Clause 17 creates space for “approved service providers” to support interventions relating to intersex persons, yet offers little protection around informed consent, bodily autonomy, confidentiality, or coercive treatment. Under the language of “correction” or “support,” harmful interventions may become normalized.
The intersex community has documented painful lived experiences of intersex Ghanaians that reveal the devastating consequences of stigma and invisibility.
One heartbreaking case involved intersex twins born in Ghana’s Eastern Region in 1993, who were repeatedly forced to move from village to village because of rejection and ridicule. After losing their father, their main source of protection and support, they became even more vulnerable and reportedly experienced severe emotional distress, including suicidal thoughts linked to years of stigma and exclusion. This is what invisibility looks like in practice.
Another painful example is the story of Ativor Holali, whose lived experience exposed the cruel realities intersex persons face in sports and public life. Ativor Holali endured invasive scrutiny, public humiliation, and social suspicion because her body did not conform to rigid expectations of femininity. Rather than being protected as a Ghanaian athlete deserving dignity and privacy, she became the subject of speculation, gossip, and institutional discomfort.
Her experience reflects a broader social crisis: when society insists that every body must fit a narrow binary definition, intersex people are forced to defend their humanity in spaces where dignity should already be guaranteed.
Intersex Persons Society Of Ghana (IPSOG)’s Ŋusẽdodo research further revealed that approximately 70 percent of intersex respondents reported depression, anxiety, trauma, or severe emotional distress linked to medical mistreatment, family rejection, bullying, and social exclusion.
The bill risks transforming these existing prejudices into institutional policy. Several provisions risk deepening surveillance, restricting advocacy, weakening confidentiality, and discouraging public education around intersex realities. Intersex-led organizations providing healthcare guidance, legal referrals, psychosocial support, and community services may face serious challenges.
This places IPSOG and other intersex-led organizations in Ghana at serious risk.
For many intersex Ghanaians, these spaces are not political luxuries.
They are survival mechanisms.
Governments derive legitimacy by protecting the natural rights of all persons, including dignity, liberty, bodily autonomy, and freedom from arbitrary interference. The bill raises concerns because it risks weakening these protections for intersex persons through surveillance, coercive interventions, and restrictions on advocacy.
Ghana’s Constitution declares that “the dignity of all persons shall be inviolable.” Articles 15, 17, 18, and 21 specifically protect dignity, equality, privacy, expression, and freedom of association. These protections should apply equally to intersex persons.
Intersex persons are not threats to Ghanaian culture.
Intersex children are not moral dangers.
Intersex bodies are not political weapons.
They are human beings deserving dignity, healthcare, safety, and constitutional protection.
The true measure of a democracy is how it protects those most vulnerable to exclusion. At this moment, Ghana faces a choice: deepen fear and silence, or uphold dignity, bodily autonomy, and constitutional freedom for intersex persons.
History will remember the choice we make.
Fafali Delight Akortsu is the founder and president of the Intersex Persons Society of Ghana (IPSOG).
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