Kenya's
Court of Appeal on Thursday ruled that the use of forced anal exams
used to determine whether gay men engaged in sex is illegal.
The
National Gay and Lesbian Human Rights Commission (NGLHRC) took the case
to court after two men were arrested in 2015 on suspicion of having
sex.
According to the men, authorities forced them
to undergo anal examinations by hospital staff and security personnel.
They also said authorities forced them to submit to HIV tests.
The
NGLHRC argued the tests violated the men's constitutional rights. A
Kenyan court in 2016 ruled that such tests were constitutional and, as
such, within the scope of use for authorities. Thursday's ruling
overturned that decision.
"The ruling is a
tremendous step not only in upholding the dignity of homosexuals who'd
been subjected to the indignities of anal examinations but also to the
rule of law in Kenya," said Eric Gitari, who heads the NGLHRC.
In
Kenya, same-sex sexual activity is outlawed and punishable by 14 years
in jail. Before Thursday's ruling, Kenya was one of eight countries that
allowed forced anal exams.
The others are Cameroon, Egypt, Lebanon, Tunisia, Turkmenistan, Uganda and Zambia, according to Human Rights Watch.
"The
violating examinations, which include being made to lie with legs up in
a humiliating position and having instruments forced into your rectum,
are widely accepted to have no medical merit," said NGLHRC.
The
International Lesbian, Gay, Bisexual, Trans and Intersex Association
(ILGA) has put Kenya on its list of countries that sponsor homophobia
through its national laws and policy. The NGLHRC has also challenged
Kenya's laws targeting homosexuality.
This article was originally published on DW.com. Its content is created separately from USA TODAY.
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