Double Standards


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Women's Rights in Kenyan Jurisprudence


Book Description

Document from the year 2019 in the subject Law - Comparative Legal Systems, Comparative Law, language: English, abstract: Attaching premium to the rights of women and their enforcement in Kenya, the scope of this book is calibrated on both the philosophies surrounding the existence of the various rights of women, their enforcement and realization. In the above context, the book seeks to foster understanding on the following topical issues - concept of gender parity; concept of gender legislation; feminism theory; reproductive rights of women; women's property rights in Kenya; and the existence, practice and rights of women living in woman to woman marriages.Gender equality, defined as a numerical concept denotes real or relative numerical and proportional equality of girls and boys and women and men. To address the gender inequalities as a measure to the attainment of the desired equality, the place and operation of legislation has been considered as key. The book also studies jurisprudence on enforcement of reproductive rights in Kenya. Defined as a person's rights relating to the control of his or her procreative activities, the book queries the numerous cluster of liberties relating to pregnancy, abortion, and sterilization especially the personal bodily rights of women among others. The book tests the woman concern in the making of reproductive decisions free from discrimination, coercion, or violence. As a highly contentious matter in the women rights campaign, the book studies the regime of property ownership in Kenya with specific regards to the rights of women to own, use and dispose property. The book examines Kenya's jurisprudence to elicit the court's and feminists' perspectives in advancing the woman concern. Lastly, the book writes on a silent topical issue of woman to woman marriage which unlike lesbianism, is a practice where a woman marries another woman and assumes control over her and her offspring for the purpose of child bearing. The book fin




Challenging the Prevailing Paradigm of Displacement and Resettlement


Book Description

Development-caused forced displacement and resettlement (DFDR) is a critical problem on the international development agenda. The frequency of forced displacements is rapidly increasing, the sheer numbers of uprooted and impoverished people reveal fast accelerating trends, whilst government reporting remains poor and misleading. Challenging the Prevailing Paradigm of Displacement and Resettlement analyzes widespread impoverishment outcomes, ​risks to human rights, and other adverse impacts of displacement; it documents under-compensation of expropriated people, critiques cost externalization on resettlers, and points a laser light on the absence of protective, robust, and binding legal frameworks in the overwhelming majority of developing countries. In response, this book proposes constructive solutions to improve quality and measure the outcomes of forced resettlement, prevent the mass-manufacturing of new poverty, promote social justice, and respect human rights. It also advocates for the reparation of bad legacies left behind by failed resettlement. It brings together​ prominent scholars and practitioners from several countries who argue that states, development agencies, and private sector corporations which trigger displacements must adopt a "resettlement with development" paradigm. Towards this end, the book’s co-authors translate cutting edge research into legal, economic, financial, policy, and pragmatic operational recommendations. An inspiring and compelling guide to the field, Challenging the Prevailing Paradigm of Displacement and Resettlement will be of interest to university faculty, government officials, private corporations, researchers, ​and students in anthropology,​ economics,​ sociology, law, political science, human geography, and international development.




Law in the Pursuit of Development


Book Description

Law in the Pursuit of Development critically explores the relationships between contemporary principles and practice in law and development. Including papers by internationally renowned, as well as emerging, scholars and practitioners, the book is organized around the three liberal principles which underlie current efforts to direct law towards the pursuit of development. First, that the private sector has an important role to play in promoting the public interest; second, that widespread participation and accountability are essential to any large scale enterprise; and third, that the rule of law is a fundamental building block of development. This insightful and provocative collection, in which contributors critique both the principles and efforts to implement them in practice, will be of considerable interest to students, academics and practitioners with an interest in the fields of law and development, international economic law, and law and globalization.







Black Women and International Law


Book Description

From Compton to Cairo, Bahia to Brixton, black women have been disproportionally affected by poverty, illiteracy, unemployment, discrimination and violence. Despite being one of the largest and geographically dispersed groups in the world, they are rarely referenced or considered as a subject of analysis in international law literature. Thus, it is vital that scholars refashion global discourse by re-conceptualizing international law and relations from their unique experiences and perspectives. This collection covers a broad range of topics and issues that examine the complex interactions - as subjects and objects - between black women and international law. The book critically explores the manifold relationship between them with a view toward highlighting the historic and contemporary ways in which they have influenced and been influenced by transnational law, doctrine, norms, jurisprudence, public policy, public discourse and global governance. It purports to unearth old law and fashion new paradigms born out of the experiences of black women.