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"speaker_name": "Sen. Wangari",
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"legal_name": "Martha Wangari",
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"content": "Thank you, Mr. Deputy Speaker, Sir. I had just started explaining that in this country and the world, generally, issues have arisen where parents or even individuals seek to adopt children for one reason or another. We have issues where the fertility rate has declined over the years, of course, out of different issues like sickness, lifestyle and different factors. That said, therefore, you will find that we have people in this country who are opting to adopt rather than give birth to children. The Children Act, 2001, read together with the Constitution, upholds the rights of children. The two legislations do not anticipate the separation of a biological or adopted child. What we have been having and the way the Employment Act is worded, it only grants maternity and paternity leave to the biological parents of a child. That is discriminatory and against the Bill of Rights as provided in the Constitution and the Children Act. Not just that. Article 3 of the United Nations Convention on the Rights of the Child requires that state parties ensure children are protected and cared for. It specifically compels state parties to render appropriate assistance to parents and legal guardians. Mr. Deputy Speaker, Sir, if you read Article 2 of the Constitution, you will find that any international instruments that we will ratify as a country are part of our law. Article 24 of the African Charter on the Rights and Welfare of the Child requires that state parties that recognise the system of adoption shall ensure that the best interest of the child shall be of paramount consideration. These are just a few of the international instruments that we have domesticated and have formed and become a part of our law. The electronic version of the Senate Hansard Report is for information purposes"
}