Thursday, 9 April 2015

Are women disadvantaged in Kenya or is it a socio/cultural phenomenon?

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





article 15 of convention on the elimination of all forms of discrimination against women (EDAW)
article 16 of ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

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