Women's rights in Kenyan jurisprudence


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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 finds out the broad features of woman to woman marriage and the dispute resolution process in this institution. Subsequently, the law governing woman to woman marriages and the nature of disputes relating to woman to woman marriage is also subjected into discussion.










Women and Law in Kenya


Book Description




Women's Human Rights


Book Description

According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.