The question seek to get a
comprehensive opinion on ones view of a women in the society, if she is
disadvantage in any way and finally if this phenomenon is legal or
socio/cultural in nature. in Kenya women are basically disadvantaged in terms
of discrimination .discrimination of women in Kenya has been institutionalized
in that it can occur regardless of the desires or intentions of the people
perpetuating it .the society structure has been equated with an institution
where a male figure regains supreme opinions differ on this matter but I tend
to agree with one thing an overlap exist between the legal framework and
societal framework in relation to issues relating to disadvantages facing a
Kenyan woman.
Women have tried to find their place in a
world that is predominantly male oriented. this is a phenomenon which is
evident in Kenya women’s right to own, inherit and manage property are under
constant attack from customs, laws and individuals who believe that women
cannot be trusted with property .article
15 of convention on the elimination of all forms of discrimination against women (EDAW) requires state parties
to give women equal rights to administer property. [1]This
is however not that case in Kenya
and most of other third world countries. The devastating effects of property
violations include poverty, diseases, violence, and homelessness. This directly
in most cases, or indirectly affects women
From basic family level women are
disadvantaged in that they have little influence in decision making affecting
their lives. Such a violation has the intent and effects of perpetuating
women’s dependence on a dominant male figure. In most of these situations,
women are mistreated by the dominant, egocentric male figure who acts as the
sole provider.
The situation might even get
worse if the woman has no formal education and depends on the husband for
virtually everything. The societal and cultural setting provide a good basis
for this kind of violation
In Kenya women are not allowed to
inherit property .Kenya’s customary laws largely unwritten but influential that
coexist with formal laws are based on patriarchal traditions in which men
inherit and largely controlled land and other property rights. This practice
deprives women a right and when also silence them this rights are violated sexist
attitude has been fused into th4 Kenyan society. this is complex and lethal mix
of cultural, legal and social phenomenon that underlies women’s property rights
violation .when such cases are brought to court ,the courts often misinterpret
family property and succession laws thus leaving women without remedies. It’s wrong to allow one to suffer a wrong
without a remedy.
In some Kenyan communities forced
marriages is customary.
This contravenes article 16 of ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN WHICH
Are allows women to freely choose a spouse and enter into marriage with full
consent. Traditionally, women were married off at an early and tender age. Men
had a financial benefit in doing this .most of rural conservative communities
still practice this culture the society thinks that this is a normal phenomenon
.This marriages undermine the education opportunities of women who are forced
out of school. It also poses threats to their health and that of their off
springs.
There are a significant low
number of women in the formal employment sector. this is so
ironical given that according to the recently leased census report by the
ministry of planning women are a number than men .this can be attributed to
lack of equal education in relation to their male counterpart, cultural
attitude about working women, family obligation and chauvinistic nature of the
dominate male figure. They are also underpaid and overworked. An example is the
Export process Zone (ERZ) where
women are preferred as employees, they are underpaid and overworked. Some
senior employers make sexual advances to women who want to be employed.
Although this is unethical, they usually give in because of the circumstances.
Furthermore they cannot be able to handle legal fees if they decide to file a
suit against such employers.
Another area where Kenyan women
are disadvantaged is the education sector. Most women are under educated
because of early marriages, teenage pregnancies and dropping out due to
circumcision. Although free primary and secondary education was introduced in
2002 statistics show that female students have the lowest percentage of
enrollment. This is a worrying trend. In a societal structure filed with
cultural norms, girls are considered as home makers and need not to attend
school. This is rampant especially in marginalized areas where traditions are
still strong.
In general, women in Kenya
are disadvantaged because of a variety of intertwined factors which include
social cultural and legal constrains. It is however important to recognize a
ray of hope eminent from a new political dispensation brought by the just
promulgated constitution. Through affirmative action, the new constitution
seeks to address the issue and thus bring gender parity to all spheres of the
society
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