Incentivos fiscales y bonificaciones sociales

Strategic objective 1: Promote and protect the human rights of women, through the full implementation of all human rights instruments, especially the Convention on the Elimination of All Forms of Discrimination against Women

Since August 2010 Kenya has a new constitution that makes international law a source of the country’s laws. By virtue of the provisions of the Constitution of Kenya 2010, Kenya became a monist state. The Constitution provides that the “general rules of international law shall form part of the laws of Kenya” and further that “Any Treaty or Convention ratified by Kenya shall form part of the law of Kenya under this Constitution.” However the Constitution also states that “The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms.”

In compliance with CEDAW, the social rights protected in the Constitution of Kenya 2010 includes the right to equality before the law and equal protection; the right to marry and found a family; the rights for children (status as minors, nationality, registration and name); the rights of the older persons, the rights of persons with disabilities and the rights of the marginalized and minorities, the rights for members of religious, ethnic or linguistic minorities, to enjoy their culture, practice their religion and use their language.

Strategic objective 2: Ensure equality and non-discrimination under the law and in practice

Constitutional development: The Constitution in the preamble recognizes the aspirations of all Kenyans to equality among other values. The National values and principles of governance include principles of equality, equity, non-discrimination and protection of the marginalized.. The constitution also guarantees equal rights of women and men, equal treatment and equal opportunities in political, economic, cultural and social spheres. Further the constitution requires state organs and public officers to take measures, including affirmative action to address past systemic discrimination suffered by vulnerable groups including women. The constitution also guarantees equal citizenship rights. These provisions are in line with the Convention on the Elimination of all forms of Discrimination against Women..

The Constitution Kenya (2010) is very progressive with regards to the rights of women. Article 27 guarantees equality and freedom from discrimination. The Article provides that “women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres”. The Article also mandates Kenya’s parliament to take

40

legislative measures to address discrimination suffered by persons or groups in the past. Women constitute one of the groups that suffered discrimination socially, economically and politically. Most importantly, the Article creates an obligation for Kenya to take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

With regard to political rights of women, the Constitution of Kenya 2010 reserves some seats for women in the National Assembly, Senate and County Assembly, and provides that membership of any gender in elective and appointive public bodies shall not be more than two thirds16 In addition the constitution guarantees representation of women in public bodies by providing for equal access by women and men in public service to opportunities for appointment, training and advancement at all levels of public service. With regard to the family the constitution guarantees equal rights of women and men at the time of marriage, during the marriage and at the dissolution of the marriage.

Strategic objective 3: Achieve legal literacy

Measures are currently being taken to provide legal information on rights. Already human rights are taught in some learning institutions as well as informally under public civic education programmes. The measures taken so far are limited in scope and resources. The government’s efforts in advancing legal literacy are complemented by Non-Governmental Organizations. Some areas in the country have been served however, as a result of limited resources; the situation of women in relation to legal literacy has remained low.

The National Legal Aid and Awareness Programme (NALEAP) was introduced by the Government in late 2007 in an effort to provide Kenyans with free legal aid, free legal education and training and support to para-legal staff in urban and rural areas. The Programme which is still being implemented on a pilot basis, is intended to be expanded to other regions of the country beyond the six where pilot programmes are currently being implemented. Issues that concern women which are already being addressed through the programme include: domestic violence, matrimonial property disputes, divorce and separation, discrimination against women in employment as a result of their reproductive functions, eviction from the matrimonial home upon husbands’ deaths and disputes arising from cultural restrictions on women’s access to land and other resources. In order to adequately address such issues, a Women and Family Division has been established in NALEAP.

41

Legal literacy measures by Government: Other successful measures taken by the Government to achieve legal literacy include:

i. The Government in collaboration with development partners established a robust civic education program known as Uraia in 2006 prior to the general elections in 2007.

ii. Development of IEC materials – popular version of Constitution iii. Judiciary Open Days

iv. Mobile Courts in marginalized areas

v. Public awareness forums by the Commission on Administrative Justice.

vi. Establishment of Court Users Committees which facilitate coordination among justice sector players.

Legal literacy measures by Civil Society Organizations: The measures taken by the Government which are complemented by Civil Society Organizations include: Legal literacy-advocacy, development and dissemination of Information Education and Communication (IEC) materials, training of paralegals within the community, and training on self-representation.

Challenges

i. Limited knowledge of human rights as well as inadequate understanding of the human rights approach particularly amongst grassroots women remains a formidable challenge.