NGEC warns public hospitals against denying free care to SGBV survivors
NGEC Chairperson Rehema Dida Jaldesa
By Diplomatic Media Services
The National Gender and Equality Commission (NGEC) has reminded all public health facilities that survivors of Sexual and Gender-Based Violence (SGBV) are legally entitled to free, immediate and dignified medical care, warning that it is unlawful to deny, delay or charge for the essential services.
In a public advisory issued by the Commission, NGEC said every survivor has a constitutional and legal right to access emergency medical treatment in all public health facilities, regardless of whether they have a police report, are registered with the Social Health Authority (SHA), possess health insurance or can afford to pay.
The Commission emphasized that no survivor should be turned away or required to complete administrative processes before receiving emergency treatment.
According to the advisory, survivors are entitled to a range of services free of charge under the Sexual Offences (Medical Treatment) Regulations, 2012 and the Constitution. These include immediate medical examination and treatment of injuries, Post-Exposure Prophylaxis (PEP) to prevent HIV infection within 72 hours of the assault, emergency contraception to prevent unwanted pregnancy, and Pre-Exposure Prophylaxis (PrEP) where medically appropriate.
Other services include the collection and preservation of forensic evidence, completion of the P3 Form and Post Rape Care (PRC) Form, as well as counselling and psychosocial support.
NGEC stressed that these services must be provided promptly, respectfully and without discrimination based on a survivor’s age, gender, financial status or any other background.
The Commission warned that it is illegal for public health facilities or healthcare workers to charge survivors for SGBV-related medical services, refuse or delay treatment due to stock-outs or lack of donor funding, insist on SHA registration before treatment, decline to collect forensic evidence or ask survivors to return later.
Such actions, NGEC said, violate Articles 27, 28, 43 and 48 of the Constitution, which guarantee equality, human dignity, the right to the highest attainable standard of health and access to justice. The Commission also cited Regulation 3 of the Sexual Offences (Medical Treatment) Regulations, 2012, which expressly requires all medical treatment for survivors of sexual offences to be provided free of charge in public health facilities.
The Commission urged survivors whose rights are violated to insist on receiving treatment, request to speak to the officer in charge or medical superintendent where necessary, and document details of the incident, including the name of the health facility, the healthcare workers involved, and the date and time of the denial.
Victims and members of the public were encouraged to report such cases to the National Gender and Equality Commission, the Kenya Police Gender Unit or Gender Desk, or the relevant County Health Department.
NGEC further advised survivors to seek medical attention as soon as possible, preferably within 72 hours, to maximize the effectiveness of HIV prevention medication. It also reminded the public that survivors do not require a police report before accessing treatment and should be treated with confidentiality, dignity and respect to prevent secondary victimization.
The Commission called on communities to support survivors in accessing immediate medical care, accompany them to health facilities where possible, report institutions that deny or charge for SGBV services, and report any form of discrimination against survivors.
At the same time, NGEC encouraged Kenyans to register with the Social Health Authority to promote accountable healthcare service delivery, while reiterating that emergency SGBV services must be provided free of charge irrespective of a person’s registration status.
The advisory was issued by NGEC Chairperson Rehema Dida Jaldesa, who underscored that free, timely and dignified care for survivors of Sexual and Gender-Based Violence is a constitutional and legal right, not a favour. She urged survivors and the public to know their rights, seek help promptly and report any violations.
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