Transcript Non-Discrimination and Gender Equality

Non-Discrimination and Gender
Equality
Ideas, Principles and Best Practice on
Working from a Human Rights Based
Approach Utilizing the International,
Regional and National Legal Framework
Jane Serwanga – Deputy Executive Director & Head of Programs
FIDA Kenya
FIDA Kenya www.fidakenya.org
Amboseli Road, Off Gitanga Road, Lavington, Nairobi | Tel: +254 (0)20 3870444 | Fax: +254
(0)20 3876372| Office Cell: 0722-509760/0733-845003
Presentation Overview
1. Background on FIDA Kenya
2. International Human Rights Legal framework
1. Relevant documents
2. Monitoring bodies
3. The work of FIDA Kenya at the international level
3. Regional Human Rights Legal Framework
1. Relevant documents and Monitoring bodies
2. The work of FIDA Kenya at the regional level
4. National Legal Framework
1. The Constitution of Kenya
2. Relevant Domestic Legislation
3. The work of FIDA Kenya at the national level
5. Conclusions
Federation of Women Lawyers Kenya
(FIDA Kenya)
FIDA Kenya is a non-profit, non-partisan membership organization
comprising women lawyers and female law students.
We are committed to the creation of a society that is free from all
forms of discrimination against women.
FIDA Kenya has curved itself a niche as a defender of women’s
rights at the international, regional and national level through
provision of legal aid services, lobbying and advocating for policy
and legislation that enhances women’s rights in Kenya, analysis of
gender responsiveness in constitutional and legal reforms and
international treaty monitoring .
International Human Rights Legal
Framework
• International Bill of Human Rights:
– Universal Declaration of Human Rights
– International Covenant on Economic, Social and
Cultural Rights
– International Covenant on Civil and Political Rights
– Optional Protocol to the International Covenant
on Civil and Political Rights
– Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at
the abolition of the death penalty
International Human Rights Legal
Framework
• Nine Core Human Rights Treaties:
– Convention on the Prevention and Punishment of the Crime of
Genocide
– Convention Relating to the Status of Refugees
– Convention on the Elimination of All Forms of Racial Discrimination
– Convention on the Elimination of All Forms of Discrimination Against
Women
– United Nations Convention Against Torture
– Convention on the Rights of the Child
– International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families
– Convention on the Rights of Persons with Disabilities
– International Convention for the Protection of All Persons from
Enforced Disappearance
Human Rights Treaty Bodies
• Monitoring the core international human
rights treaties
– Independent experts
– Consideration of State parties’ reports
– Consideration of individual complaints or
communications
– General Comments
FIDA Kenya at the International Level
• Treaty Monitoring and Shadow Reporting
– Monitoring of new legislation and policy adherence to
international human rights law standards
– Preparation of shadow reports and presentation of
views at committee sessions
– Adoption of recommendations into concluding
observations of committees
– Ongoing advocacy and lobbying for adoption of
observations into national legal and policy framework
Regional Human Rights Legal
Framework
• Human Rights Protection in Africa:
– African Charter on Human and Peoples’ Rights
– Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa
(Maputo Protocol)
– Protocol to the African Charter on Human and
Peoples' Rights on the Establishment of the
African Court on Human and Peoples' Rights
FIDA Kenya at the Regional Level
• Treaty Monitoring and Shadow Reporting
• Engagement with African Commission on
Human and Peoples’ Rights
• Engagement with African Court Human and
Peoples’ Rights
– Advocacy at national level
– Assistance with cases at regional level
National Human Rights Legal
Framework
• The Constitution of Kenya 2010
– Article 2(5)/(6): International Law part of the law
of Kenya
– Chapter 4: Bill of Rights
– Article 27: Equality and freedom from
discrimination
– Article 43(1)(a): Right to Health including
Reproductive Health
– Article 81(b): Two Thirds gender principle
National Human Rights Legal
Framework
• Family Bills
– Matrimonial Property Bill
– Marriage Bill
– Protection Against Domestic Violence Bill
• Sexual Offences Act
• The Law of Succession Act
• Prohibition of Female Genital Mutilation Act
FIDA Kenya at the National Level
• Legislative drafting and review /
presentation of Memoranda
• Community Engagement
• Strategic Impact and Public Interest
Litigation
• Contribution to national inquiries
FIDA Kenya and the National Level
• Transformative Justice Team
– Advocacy
– Policy Development
– Lobbying
– Training and education
• Access to Justice Team
– Legal Aid
– Women’s education on rights
THANK YOU
Questions?