The challenges of implementing international treaties: a case study of gender constitutionalism in Kenya
Abstract
Gender equality is still pervasive in the Kenyan context as there is little evidence to
support significant changes in patriarchal attitudes and norms of the men and women
obligated to ensure its effective implementation. There are still strong cultural and
social norms that perpetuate power imbalances between men and women.
This study aimed to establish the level of compliance with gender equality, and
sought to determine the challenges of implementing international treaties with gender
equality provisions.
The study interrogates the de facto equality provisions in law, policy and institutional
architectures, and makes an assessment of de jure equality in the Kenyan context. The
study confirmed that gender equality provisions were not being duly implemented by
the Kenyan state, attributable to all three arms of government.
The study puts forth a proposal for improving compliance with international treaties
on gender equality and concludes by making recommendations aimed at countering
retrogressive and patriarchal attitudes and norms, as well as the main challenges faced
in implementing international treaties. As such, this research aims to contribute to
advancing gender equality and gender constitutionalism in Kenya and in other
countries facing similar challenges.
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
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