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      A critique of the efficacy of the right to shelter for street children in Kenya

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          Abstract

          The right to housing or shelter is a fundamental right that has been given recognition at national, regional, and international levels. In Kenya, everyone's right to access adequate housing and basic shelter is enshrined in the Constitution of Kenya, 2010 and various international and regional human instruments, but there is no specific legislation or policy that caters to the right of street families and children to access housing or shelter. The gap that exists in law and policy deepens the vulnerability of street families and children, who are being left behind and not included in governmental socioeconomic programmes and interventions targeting vulnerable and marginalised persons. For example, street children are often excluded from planning, budgeting, and national decisions relating to socio-economic rights that include shelter. This article considers how Kenya's street children's right to shelter may be protected. Accordingly, it recommends measures that could be taken to protect their right to shelter, as well as other socio-economic rights, and thereby create a pathway to realising the values of equality and human dignity enshrined in the Constitution.

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          Most cited references30

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          The multidimensional analysis of social exclusion

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            "Impact of affirmative action on quality of service delivery in the public sector of Kenya: A comparative case study of the ministry of state in the office of the president and ministry of higher education"

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              "Right to housing, homelessness no more"

              (2018)
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                Author and article information

                Journal
                ldd
                Law, Democracy and Development
                Law democr. Dev.
                University of the Western Cape, Faculty of Law (Cape Town, Western Cape, South Africa )
                1028-1053
                2077-4907
                2024
                : 28
                : 102-128
                Affiliations
                [01] Gqeberha orgnameNelson Mandela University South Africa
                [02] Gqeberha orgnameNelson Mandela University South Africa
                [03] orgnameUniversity of Embu Kenya
                Article
                S2077-49072024000100005 S2077-4907(24)02800000005
                10.17159/2077-4907/2024/ldd.v28.5
                a598041a-bc2d-4210-8901-07d2fb918a86

                This work is licensed under a Creative Commons Attribution 4.0 International License.

                History
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 34, Pages: 27
                Product

                SciELO South Africa

                Categories
                Articles

                minimum core obligations,non-discrimination,street children,shelter,sustainable development,Kenya

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