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 documents2. Monitoring bodies 3. The work of FIDA Kenya at the international level

3. Regional Human Rights Legal Framework1. Relevant documents and Monitoring bodies2. 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?