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Non-Discrimination and Gender Equality

Non-Discrimination and Gender Equality

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Non-Discrimination and Gender Equality

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  1. 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

  2. Presentation Overview • Background on FIDA Kenya • International Human Rights Legal framework • Relevant documents • Monitoring bodies • The work of FIDA Kenya at the international level • Regional Human Rights Legal Framework • Relevant documents and Monitoring bodies • The work of FIDA Kenya at the regional level • National Legal Framework • The Constitution of Kenya • Relevant Domestic Legislation • The work of FIDA Kenya at the national level • Conclusions

  3. 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 .

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. THANK YOU Questions?