History Of Gender Inequalities In Kenya; The Aftermath Of Colonialism
Gender equality is a topic that cannot be exhausted. It's a growing awareness and affirmation by both women and men. It's unfortunate that with the vast potential girls and women wield, they are still seen as second-class human beings. It's constantly felt that they do not deserve equal treatment. The impediments and limitations holding them are multifaceted and issues like gender-based violence are recurrent. Since the colonial era in Kenya, gender inequality has existed. Male superiority and prominence have been there and despite the claim of constitutional equality of all in African countries, Kenya included, true equality has not been realized 50-plus years later after independence.
A lot of laws and affirmative actions have been put in place to compel equality but in most scenarios, it's not realized. Kenya has made strides to ensure gender equality over the years. But has it accomplished its target and are the efforts put in place making an impact? The slow progress and the setbacks.
1KENYA CITIZENSHIP AND MIGRATION ACT OF 2011
Did you know that before 2011, only male Kenyans could inherit property and pass citizenship to their wives and kids? It's tragic but it is a reality. Women could not inherit property from their parents and spouses. Although many Kenyans still use customary laws to make life decisions ie most parents still pass their properties to male children, It is well spelled in the constitution that no customary law should triumph over constitutional law.
In Kenya Constitution of 2010 article (159), 3 says, "traditional dispute resolution mechanisms shall not be used in any way that (a) contravenes the Bill of Rights; (b) is repugnant to Justice and morality or results in outcomes that are repugnant to Justice or morality."
The Kenyan constitution also acknowledges and upholds international law on Human Rights and all laws that protect women from discrimination. Any woman that wants to claim property from her parents and is withheld, let's say by her brothers or relatives, can petition the case in a court of law and the constitution would support her.
2THE PROHIBITION OF FEMALE GENITAL MUTILATION ACT OF 2011
This is an act of Parliament enacted to prohibit the practice of FGM and to safeguard women and girls against violation of their mental and physical integrity through its practice.
Part IV of the act criminalizes FGM. It also provides that if FGM is carried out and causes death, the perpetrator will be liable to imprisonment for life. This violence against women is a harmful practice that has been put to an end. Section 14 safeguards the female child from harmful cultural practices like FGM and early marriages that are likely to negatively affect the child's life, health, social welfare, and dignity.
3RIGHT TO EQUAL OPPORTUNITIES AND REPRESENTATION
The Constitution of Kenya 2010, states that women and men have a right to equal treatment including the right to equal opportunities in political, economic, and cultural social spheres.
This legislation seeks to offer equal opportunities to all and offer freedom from discrimination. The constitution seeks to ensure the implementation of these rights through a selection of women to parliament. The house should not have more than two-thirds of a single gender. Parliamentary representatives had to come up with women representative positions just to ensure there is no lack of or under-representation of women in Parliament.
4PROTECTION ACT AGAINST DOMESTIC VIOLENCE
From time immemorial, it has been presumed that domestic violence is carried out by men to women. That is true, although men are also casualties. There has never been any legislation to support these women and men facing domestic abuse. From mental, emotional, and physical violence.
Domestic violence as defined in the protection Act is any form of violence against a person by any other person with whom that person is or has been in a domestic relationship. The act also supports that any person can report abuse on behalf of the victim. Any individual who suspects that an act of domestic violence of any kind, including economic (where a person is being withheld from them their deserving form of resources ie rent, and school fees should report the violation to the police department and the other person in authority).
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