Inside the Breastfeeding Mothers Bill

A mother breastfeeding her child. 

Photo credit: Photo I Pool

What you need to know:

  • This landmark piece of legislation aims to provide comprehensive protections and support for breastfeeding mothers across the country.
  • As a human rights and gender lawyer, I find this bill both promising and pivotal for the advancement of maternal and child health in Kenya.

Dear Vivian,

Last year, you wrote about the importance of lactation stations in every workplace. Have you seen the Breastfeeding Mothers Bill that is currently in Parliament and what do you think?

Joan Wanjiru,

Young Mothers Support Group

Dear Joan,

Thank you for being a dedicated reader. Yes, this landmark piece of legislation aims to provide comprehensive protections and support for breastfeeding mothers across the country.

As a human rights and gender lawyer, I find this bill both promising and pivotal for the advancement of maternal and child health in Kenya.

The Breastfeeding Mothers Bill is designed to create a supportive environment for nursing mothers, ensuring they have the necessary facilities and time to nurse their children.

The bill mandates that all workplaces, both public and private, provide lactation rooms equipped with the necessary amenities for breastfeeding mothers. These rooms must be clean, private, and accessible.

Additionally, employers are required to provide paid breaks for breastfeeding mothers to nurse their infants or express milk. This provision ensures that mothers can continue to work without compromising their child's nutrition and health.

The bill also protects the rights of mothers to breastfeed in public places without facing discrimination or harassment. Furthermore, it outlines legal recourse for mothers who face discrimination or inadequate facilities, including fines and penalties for non-compliant employers.

It is crucial to note that supporting breastfeeding mothers in the workplace can lead to increased employee satisfaction, reduced turnover, and higher productivity, ultimately benefitting employers.

Further, the bill seeks to promote gender equality by recognising and valuing the role of women as both workers and caregivers. It helps to balance work and family responsibilities, making it easier for women to participate in the workforce without sacrificing their children's health.

By protecting the right to breastfeed in public and mandating lactation rooms in workplaces, the bill helps to normalise breastfeeding. This will help in reducing stigma and social barriers that many mothers face.

However, ensuring that all workplaces comply with the requirements for lactation rooms and paid breaks can be challenging, particularly for small businesses with limited resources. The government will need to provide clear guidelines and support to help employers meet these obligations.

The Breastfeeding Mothers Bill 2024 is currently at the committee stage in the National Assembly. This is a critical phase where the bill is reviewed in detail, and stakeholders, including employers, healthcare professionals and civil society organisations, have the opportunity to provide input.

Following this stage, the bill will proceed to the plenary for debate and voting. If passed, it will move to the Senate for concurrence before being presented to the President for assent.

Finally, this bill represents a crucial step towards achieving gender equality and improving maternal and child health in Kenya. As it progresses through the legislative process, it is imperative that all stakeholders such as yourself remain engaged and supportive to ensure its successful enactment and implementation.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).