- Title
- The promotion of the right to access adequate housing for street children in Kenya
- Creator
- Wanjala, Esther Nasimiyu
- Subject
- Children's rights
- Subject
- Children's act
- Subject
- Street children
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Doctoral theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/64358
- Identifier
- vital:73679
- Description
- This thesis explores the fundamental right to housing and shelter, recognised at national, regional, and international levels, focusing on its application to street children in Kenya. Despite constitutional provisions, street children in Kenya face exclusion from socio-economic interventions, particularly in the realm of housing and shelter. This exclusion stems from the absence of specific legislation addressing their unique needs. Existing laws, such as the Children Act, 2022 and the Housing Act, 2007 fall short of safeguarding the rights of street children, perpetuating discrimination based on economic status. The research examines international, regional, and national legal frameworks to uncover obstacles hindering street children from enjoying their legally protected human rights, including housing and shelter. Legal instruments such as the Universal Declaration of Human Rights, International Covenant on Economic, Social, and Cultural Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, the African Charter on Human and Peoples Rights, and the African Charter on the Rights and Welfare of a Child and policies like the Sustainable Development Goals 2030, the African Union Agenda 2063, and Agenda 2040 were considered. The research employed qualitative research methodology that included theoretical and non-empirical methods. It used a combination of descriptive, correlative, and limited comparative analysis of the status of street children in the East African Community State Parties of Tanzania, Uganda, and Rwanda, as well as South Africa. Theoretical perspectives, including human rights-based, vulnerability, othering, and capability theories, informed the discussions on improving the status of street children in Kenya. The study employed critical social justice and vulnerability theories to analyse how discrimination and prejudices in society can violate fundamental rights, particularly street children's rights. The findings of the study revealed the inadequate legal and institutional frameworks in promoting street children's rights in Kenya. The study referred to the best practices in the select East African Community State Parties and South Africa that Kenya can emulate to benefit street children and realise the right to shelter and adequate housing. The study recommends legal and policy reviews to protect street children's rights to adequate housing and shelter guided by constitutional and international standards.
- Description
- Thesis (LLD) -- Faculty of Law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (414 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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- Downloads: 6
Collections
NMU Department of Public Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | EN Wanjala s219240191 (1) April 2024.pdf | 2 MB | Adobe Acrobat PDF | View Details Download |