Abstract
We have analyzed the impact of Section 6 of The Kenya HIV and AIDS Prevention Act on Kenyan families and especially within
marriage. In 2006 Kenya passed two bills into law: The Kenya HIV and AIDS Prevention Act and The Sexual Offences Act. The
latter addresses sexual offenses including rape, incest and other acts of sexual violence and relates to the Prevention Act
in that HIV infection may be transmitted during a sexual offense. Section 6 of the Prevention Act focuses on the sensitive
issue of secondary and tertiary transmission of HIV. Although protection is accorded to individuals living with HIV, this
section of the law places responsibility on this group to reduce infections among positive individuals as well as the spread
of infection between spouses {when only one partner is positive} by criminalizing recklessness leading to HIV infection. By
asking questions proposed in the family impact analysis such as, does the law enhance family stability, and commitment or
does it acknowledge diverse family forms, interdependence and target vulnerable groups, the framework allows us to examine
the impact of Section 6 of the law on families. Under the FIA framework, the ability of The Prevention Act to enhance family
functions, promote wellbeing, marital stability, commitment and responsibility is considered while taking into account the
contextual realities in Kenya.
marriage. In 2006 Kenya passed two bills into law: The Kenya HIV and AIDS Prevention Act and The Sexual Offences Act. The
latter addresses sexual offenses including rape, incest and other acts of sexual violence and relates to the Prevention Act
in that HIV infection may be transmitted during a sexual offense. Section 6 of the Prevention Act focuses on the sensitive
issue of secondary and tertiary transmission of HIV. Although protection is accorded to individuals living with HIV, this
section of the law places responsibility on this group to reduce infections among positive individuals as well as the spread
of infection between spouses {when only one partner is positive} by criminalizing recklessness leading to HIV infection. By
asking questions proposed in the family impact analysis such as, does the law enhance family stability, and commitment or
does it acknowledge diverse family forms, interdependence and target vulnerable groups, the framework allows us to examine
the impact of Section 6 of the law on families. Under the FIA framework, the ability of The Prevention Act to enhance family
functions, promote wellbeing, marital stability, commitment and responsibility is considered while taking into account the
contextual realities in Kenya.
- Content Type Journal Article
- Pages 1-11
- DOI 10.1007/s10826-011-9515-7
- Authors
- Dorothy Rombo, Department of Human Development and Family Studies, University of Wisconsin-Stout, Menomonie, WI 54751-0790, USA
- Jane Rose M. Njue, School of Family Consumer and Nutrition Science, Northern Illinois University, DeKalb, IL, USA
- Journal Journal of Child and Family Studies
- Online ISSN 1573-2843
- Print ISSN 1062-1024