Gender based violence and International human rights question: a case of female genital mutilation in Kenya

Abstract

Gender based violence (GBV) come in different forms and all go against human rights. From the literature, the study has highlighted some of the GBV and narrowed down to FGM which formed the basis of the study. The study set out to evaluate gender-based violence as international human rights question by looking into FGM in Kenya. The study aimed at evaluating the regions in Kenya where the practice was rampantly carried out in order to inform stakeholders that are tasked with eradicating it. The objectives of the study included to evaluate the intensity of Gender Based Violence internationally - especially FGM - in contrast to Kenya, to evaluate the prevalence of FGM in Kenya, and to examine the appropriate Right Based Approach intervention strategies in addressing FGM in Africa. The tools that were used in data collection in this study included questionnaires and interview guides both for administrators. Secondary data were used especially in relating to how the international communities have dealt with the issue of FGM. Purposive sampling was used to identify key informants such as officials (administrators) in government institutions dealing with FGM, NGOs, INGOs based in the forty-seven counties. This meant that the administrators of such institutions were the targeted population. The study found out that the practice of FGM was highly practiced in Asia where it is still legalised followed by Africa; though it is illegalised in Africa. It also found out that health approach strategy was widely used in handling FGM cases alongside legal approach and human rights approach were equally applied in dealing with the problem. The study achieved the first objective by establishing that FGM was still not criminalised in Asia making it very much practised in that continent. It also established that the practice was rampant in Africa even though every country in Africa has criminalised the practice. In Europe and US, the practice is criminalised even though the cases found were on the immigrants who relocated to the places after having undergone the cut. The study achieved the second objective by unpacking the fact that high FGM prevalence in Kenya is found in parts where Islamic religion was populous and where traditional cultures were still practised. The study achieved the third objective through ascertaining that the most right based approach intervention used in addressing FGM problem in Kenya is the health approach. Other two important ones include legal approach recorded and human rights approach. The study concluded that, there are four counties that FGM is still practised rampantly. The counties in order of severity impaction include Isiolo, Kajiado, Kisii, and Narok. The study recommended the need for the international community to join hands in censuring the Asian continent to illegalise FGM. It also recommended the need for Africa to make its legal instruments operational because it defeats logic to illegalise a practice yet it remains rampant in the some states. It also recommended the need for the government to use local administrators to avert early marriages. Local administrators have good access to the grass-root level and could be privy to issues of FGM that lead to early marriages. There is need for concerted efforts in sensitising women to become conversant with their human rights. Awareness of one’s rights will give conducive space for fighting for those rights once they’re violated.