Constitutions As Pathways to Gender Equality in Plural Legal Contexts
Kenya has made significant strides in overhauling its legislation to better deal with gender discrimination. However, the legislative steps taken seemingly understate the environment of legal pluralism that characterises the Kenyan state where, for instance, customary law is still pervasive and oper...
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| Language: | English |
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Scandinavian University Press
2018-01-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/oslo_law_review/2018/01/constitutions_as_pathways_to_gender_equality_in_plural_lega |
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| author | Patricia Kameri-Mbote |
| author_facet | Patricia Kameri-Mbote |
| author_sort | Patricia Kameri-Mbote |
| collection | DOAJ |
| description | Kenya has made significant strides in overhauling its legislation to better deal with gender
discrimination. However, the legislative steps taken seemingly understate the environment of legal
pluralism that characterises the Kenyan state where, for instance, customary law is still pervasive
and operates side by side with formal laws. The traditional approach generally gives premium to
formal laws while treating customary law with scepticism or altogether disdain in the hope that all
individuals will ultimately transition to formal laws. Yet, this has not necessarily been the case.
Customary law continues to survive and thrive. Accordingly, this paper argues for a departure from
the jaundiced view that customary law only serves to further gender inequalities. The paper argues
for a more balanced approach that recognises that customary law has aspects that could be harnessed
to foster gender equality and thus complement formal laws on gender equality. In rooting for an
appreciation of the role and place of legal pluralism in promoting gender equality, the paper
contends that formal laws in and of themselves are not enough to effectively deal with gender
discrimination; the two must operate side by side, not necessarily one below the other, as has been
the case. |
| format | Article |
| id | doaj-art-e17759a8afcd45b4a9efea925ead7475 |
| institution | OA Journals |
| issn | 2387-3299 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-e17759a8afcd45b4a9efea925ead74752025-08-20T01:51:03ZengScandinavian University PressOslo Law Review2387-32992018-01-015214110.18261/issn.2387-3299-2018-01-0218948693Constitutions As Pathways to Gender Equality in Plural Legal ContextsPatricia Kameri-MboteKenya has made significant strides in overhauling its legislation to better deal with gender discrimination. However, the legislative steps taken seemingly understate the environment of legal pluralism that characterises the Kenyan state where, for instance, customary law is still pervasive and operates side by side with formal laws. The traditional approach generally gives premium to formal laws while treating customary law with scepticism or altogether disdain in the hope that all individuals will ultimately transition to formal laws. Yet, this has not necessarily been the case. Customary law continues to survive and thrive. Accordingly, this paper argues for a departure from the jaundiced view that customary law only serves to further gender inequalities. The paper argues for a more balanced approach that recognises that customary law has aspects that could be harnessed to foster gender equality and thus complement formal laws on gender equality. In rooting for an appreciation of the role and place of legal pluralism in promoting gender equality, the paper contends that formal laws in and of themselves are not enough to effectively deal with gender discrimination; the two must operate side by side, not necessarily one below the other, as has been the case.https://www.idunn.no/oslo_law_review/2018/01/constitutions_as_pathways_to_gender_equality_in_plural_legaDiscriminationEqualityGenderLegal PluralismLegalPluralism |
| spellingShingle | Patricia Kameri-Mbote Constitutions As Pathways to Gender Equality in Plural Legal Contexts Oslo Law Review Discrimination Equality Gender Legal Pluralism LegalPluralism |
| title | Constitutions As Pathways to Gender Equality in Plural Legal Contexts |
| title_full | Constitutions As Pathways to Gender Equality in Plural Legal Contexts |
| title_fullStr | Constitutions As Pathways to Gender Equality in Plural Legal Contexts |
| title_full_unstemmed | Constitutions As Pathways to Gender Equality in Plural Legal Contexts |
| title_short | Constitutions As Pathways to Gender Equality in Plural Legal Contexts |
| title_sort | constitutions as pathways to gender equality in plural legal contexts |
| topic | Discrimination Equality Gender Legal Pluralism LegalPluralism |
| url | https://www.idunn.no/oslo_law_review/2018/01/constitutions_as_pathways_to_gender_equality_in_plural_lega |
| work_keys_str_mv | AT patriciakamerimbote constitutionsaspathwaystogenderequalityinplurallegalcontexts |