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.