African Philosophy and the Quest for Autonomy


Book Description

As academic subject African philosophy is predominantly concerned with epistemology. It aims at re-presenting a lost body of authentic African thought. This apparently austere a-historical concern is framed by a grand narrative of liberation that cannot but politicise the quest for epistemological autonomy. By “politicise” I mean that the desire to re-cover an authentic African epistemology in order to establish African philosophy as autonomous subject, ironically re-iterates Western, enlightenment notions of the autonomous subject. Here, in the pursuit of an autonomous subject the terms of historical oppression are necessarily duplicated in the terms of liberation. In this study I use the term disfigurement to refer to the double-bind - peculiar to post-coloniality - in which the African subject finds itself when it has to establish and affirm a sense of apartheid (in order to confirm the assumption of difference) by inventing its own autonomy in a way that ironically conflicts with an African conception of the autonomous subject. The transcendental concern with epistemological authenticity and autonomy - indicative of an oppressive desire for Western style autonomy - necessary as it may be in a post-colonial context, is placed in an ethical framework that seeks to remain faithful to the African dictum of identity and autonomy “I am because we are”. Whereas the first three chapters are concerned with the transcendental question ‘what is African philosophy?’, the fourth and last chapter situates the ethical framework within which this question arises in the context of the recently “completed” South African Truth and Reconciliation Commission.




Gender and Law


Book Description

Women constitute a large portion of the economically active population engaged in agriculture. International instruments on human rights, the environment and sustainable development reaffirm the principle of non-discrimination on the basis of sex or gender. Yet women often face gendered obstacles in realizing their rights and feeding their families. The right to an adequate standard of living, including adequate food, may thus not be fulfilled. These obstacles may stem from directly or indirectly discriminatory norms or from entrenched socio-cultural practices, or both. This study analyses the gender dimension of agriculture-related legislation in a selection of different countries around the world, examining the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women's agricultural self-employment activities, ranging from women's status in rural cooperatives to their access to credit, training and extension services.




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 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.




Gender, Judging and the Courts in Africa


Book Description

Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.




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.




Where Women are


Book Description




Feminist Constitutionalism


Book Description

Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.




Challenges at the Intersection of Gender and Ethnic Identity in Kenya


Book Description

Minority and indigenous women in Kenya are discriminated against on multiple levels; they are targeted because of their identification with a minority or indigenous group, and as women – both by cultural practices within their own community and because of gender discrimination more widely. This report examines the challenges and the new opportunities that have emerged with the passing of the new Constitution in 2010. The goal of the report is to reflect the voices and experiences of women from diverse minority and indigenous communities in Kenya. For hunter-gatherer women, many of whom have been displaced and forced to become squatters, community land rights are a primary concern. They view their lack of opportunities, basic services and education for girls as a direct result of their displacement. For pastoralist women, insecurity and conflict in areas where they live has a disproportionate impact on them. Cultural practices that are harmful to girls, such as female genital mutilation and early marriage, reduce girls’ access to education and entrench women’s poverty. For fisher peoples, environmental degradation and collapsing fish stocks are major fears. Women from these communities expressed their frustration at traditional gender roles that place much of the responsibility for meeting the family’s basic needs on women. While there is strong leadership from individual women in many of the minority and indigenous communities described in this report, the majority of women face ongoing violations of their human rights. Trapped in a cycle of poverty that they attribute directly to decades of marginalization, they fear that they and their children will not be able to take advantage of gains in the new Constitution. This report highlights actions identified by minority and indigenous women that should be taken by the government and other actors to support women’s empowerment and participation in the decision-making processes that directly affect them.




The Palgrave Handbook of African Women's Studies


Book Description

This definitive handbook is the first reference of its kind bringing together knowledge, scholarship, and debates on themes and issues concerning African women everywhere. It unearths, critiques, reviews, analyses, theorizes, synthesizes and evaluates African women’s historical, social, political, economic, local and global lives and experiences with a view to decolonizing the corpus. This Handbook questions the gendered roles and positions of African women and the structures, institutions, and processes of policy, politics, and knowledge production that continually construct, deconstruct, and reconstruct African women and the study of them. Contributors offer a consistent emphasis on debunking erroneous and misleading myths about African women's roles and positions, bringing their previously marginalized stories to relief, and ultimately re-writing their histories. Thus, this Handbook enlarges the scope of the field, challenges its orthodoxies, and engenders new subjects, theories, and approaches. This reference work includes, to the greatest extent possible, the voices of African women themselves as writers of their own stories. The detailed, rigorous and up-to-date analyses in the work represent a variety of theoretical, methodological, and transdisciplinary approaches. This reference work will prove vital in charting new directions for the study of African women, and will reverberate in future studies, generating new debates and engendering further interest.