Women's rights in Kenyan jurisprudence

Livre Spécialisé , 2019 , 154 Pages

Droit - Autres systèmes juridiques, Comparaison de droits

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.

Inhaltsverzeichnis (Table of Contents)

• Acronyms and Abbreviations
• Introduction
• CHAPTER ONE: GENDER PARITY
  • 1.1 The Concept of Gender Parity
  • 1.2 Gender Parity as a Fundamental Human Right
  • 1.3 Faces of Gender Disparity
    • 1.3.1 Mortality inequality
    • 1.3.2 Natality inequality.
    • 1.3.3 Basic facility inequality
    • 1.3.4 Special opportunity inequality.
    • 1.3.5 Professional inequality.
    • 1.3.6 Ownership inequality.
  • 1.4 Conclusion
• CHAPTER TWO: GENDER LEGISLATION.
  • 2.1 The Concept of Gender Legislation.….........
  • 2.2 Legislating Gender Equity
  • 2.3 Gender equality and equity in the constitution and other legislation........
    • 2.3.1 The Constitution of Kenya.......
      • 2.3.1.1 Right against gender discrimination
      • 2.3.1.2 Two thirds gender rule.
    • 2.3.2 International Legal Framework for the Protection of Women's Rights.........
  • 2.4 Consequences of gender legislation.........
• CHAPTER THREE: THE FEMINIST LEGAL THEORY AND JURISPRUDENCE
  • 3.1 Introduction to the feminist legal theory.
  • 3.2 Feminists legal methods..
  • 3.3 Feminist psychology and philosophy – decoding a feminist's mind....
  • !!3.4 The Feminist law & Jurisprudence
    • 3.4.1 Feminist law in Kenya.
    • 3.4.2 Feminist jurisprudence in Kenya.
      • 3.4.2.1 The Marriage Act - registration of polygamous marriages.
      • 3.4.2.2 Matrimonial Properties Act - constitutionality of section 7 ownership of matrimonial property on basis of contribution of either spouse.
      • 3.4.2.3 Reproductive rights - abortion
  • 3.5 The trade off - between radical feminism and objectivity.
  • 3.6 Conclusion
• CHAPTER FOUR: INTRODUCTION TO THE LEGAL PROTECTION OF REPRODUCTIVE RIGHTS IN KENYA.
  • 4.1 Introduction........
  • 4.2 Overview of Reproductive Health and Reproductive Rights (concept, scope, protection and enforcement, challenges and opportunities).
    • 4.2.1 The concept of reproductive rights
    • 4.2.2 The Scope of reproductive rights.
    • 4.2.3 Medical Perspectives of Reproductive Health.
      • 4.2.3.1 Biological, psychological and social factors impacting on a woman's reproductive health...
      • 4.2.3.2 Defensive medicine in Reproductive Health…......
      • 4.2.3.3 How medical negligence has impacted on reproductive rights..
    • 4.2.4 The legal protection and enforcement mechanisms of reproductive rights........
    • 4.2.5 Challenges and opportunities in the field of reproductive rights
• CHAPTER FIVE: THE NATIONAL AND INTERNATIONAL FRAMEWORKS FOR THE PROTECTION OF REPRODUCTIVE RIGHTS..
  • 5.1 Introduction........
  • 5.2 Constitution of Kenya, 2010..
  • 5.3 The Penal Code
  • 5.4 Universal Declaration of Human Rights.
  • 5.5 International Covenant on Economic, Social and Cultural Rights.
  • 5.6 International Covenant on Civil and Political Rights
  • 5.7 Convention on the Elimination of All Forms of Discrimination against Women …....
• CHAPTER SIX: PROTECTION OF REPRODUCTIVE RIGHTS BY THE JUDICIARY IN KENYA.....
  • 6.1 Introduction.......
  • 6.2 Right to health care
    • 6.2.1 Availability
    • 6.2.2 Accessibility.
      • 6.2.2.1 Economic accessibility (affordability). .
      • 6.2.2.2 Right to provision of health services...
      • 6.2.2.3 Right to access medicine.
      • 6.2.2.4 Emergency medical treatment..
      • 6.2.2.5 Acceptability and Quality of public health-care facilities...
    • 6.3 Right to birth control: contraception and family planning...
    • 6.4 Right to terminate a pregnancy.
    • 6.4.1 In case of death during abortion, who is liable?.
    • 6.5 Reproductive Rights of Children and Adolescents..
      • 6.5.1 Sexual abuse..
      • 6.5.2 Early marriages/pregnancy
      • 6.5.3 Surrogacy.
        • 6.5.3.1 Children Act applied to Surrogacy agreements without law governing surrogacy..
        • 6.5.3.2 Urgent Need for Laws to Regulate Surrogate Arrangements in Kenya ......
  • CHAPTER SEVEN: THE NOTIONS OF GENDER, SEXUALITY AND DISCRIMINATION AND THEIR IMPACT ON REPRODUCTIVE RIGHTS.
    • 7.1 Gender
    • 7.2 Sexuality
    • 7.3 Discrimination...
      • 7.3.1 Intersex and gender identity..
      • 7.3.2 Recognition of LGBTIQ and LGBTIQ Advocacy and Groups.

  Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

  This book aims to analyze the legal framework surrounding women's rights in Kenya, with a particular focus on reproductive rights. It critically examines the concept of gender parity, exploring its implications for women's lives and liberties within the Kenyan legal system. The text analyzes the legal and social complexities of gender legislation, examining its impact on achieving gender equity in various spheres of life.

  • Gender Parity and its Legal Dimensions
  • Gender Legislation and its Impact on Equity
  • Feminist Legal Theory and its Application in Kenya
  • Reproductive Rights: Legal Protection and Enforcement Mechanisms
  • Intersections of Gender, Sexuality, and Discrimination in Relation to Reproductive Rights

  Zusammenfassung der Kapitel (Chapter Summaries)

  The first chapter introduces the concept of gender parity, highlighting its importance as a fundamental human right and examining the various forms of gender disparity, including mortality, natality, basic facilities, special opportunities, professional opportunities, and ownership.

  Chapter two delves into the concept of gender legislation, exploring the legislative framework for achieving gender equity in Kenya. It examines the Constitution of Kenya, international legal frameworks, and the potential consequences of gender legislation.

  Chapter three focuses on feminist legal theory and jurisprudence, examining its methods and principles and exploring its impact on Kenyan legal practice. It analyzes the interplay of feminist law and jurisprudence in areas such as marriage, matrimonial property, and reproductive rights.

  Chapter four provides an overview of the legal protection of reproductive rights in Kenya, examining the concept, scope, and enforcement mechanisms of these rights. It also explores the challenges and opportunities in the field of reproductive health.

  Chapter five explores the national and international frameworks for the protection of reproductive rights, including the Kenyan Constitution, the Penal Code, and various international conventions.

  Chapter six examines the role of the judiciary in protecting reproductive rights in Kenya, focusing on the right to healthcare, birth control, and termination of pregnancy. It also addresses the reproductive rights of children and adolescents, including challenges related to sexual abuse, early marriages, and surrogacy.

  Chapter seven examines the notions of gender, sexuality, and discrimination and their impact on reproductive rights. It highlights the significance of recognizing the rights of intersex individuals and advocating for the rights of LGBTIQ individuals.

  Schlüsselwörter (Keywords)

  This book utilizes key terms and concepts related to gender, law, and reproductive rights in Kenya. These include gender parity, gender legislation, feminist legal theory, reproductive rights, health care, birth control, abortion, and discrimination. It also explores the intersectionality of these concepts with issues such as intersex and LGBTIQ rights.

• Auteur: Felix Okiri (Auteur)
• Année de publication: 2019
• Pages: 154
• N° de catalogue: V489395
• ISBN (ebook): 9783668976276
• ISBN (Livre): 9783668976283
• Langue: anglais
• mots-clé: women, kenyan