Gains and Losses: The Impact of the Beijing Declaration and Platform for Action on the Legal Status of Kenyan Women

2020 ◽  
Vol 8 (1) ◽  
pp. 86-110
Author(s):  
Nancy Baraza ◽  
Karen Koech

The Beijing Declaration and Platform for Action (BDPFA) or ‘the Platform for Action’ (PFA) of 1995 is the landmark blueprint on how the globe intends to achieve a solution to the never-ending debate regarding equality of the sexes. In 1995, women globally gathered at the Chinese capital, Beijing, for the monumental Fourth World Conference on Women. They agreed on the BDPFA, through which they forged an elaborate path towards gender equality and women’s empowerment. From the first wave of feminism in the nineteenth century to the current #MeToo movement, it is apparent that the realisation of gender equality is a marathon and not a sprint. The 2015 Report of the United Nations (UN) Secretary-General on the 20-year review and appraisal of the implementation of the BDPFA irrefutably brings this reality to light. The PFA has seen significant reforms in both laws and regulations in many states aimed at attaining gender equality over the years. However, these reforms do not match the magnitude of the efforts put into the fight to achieve equality; the world is still lagging. In Kenya, there has been a remarkable shift in the laws and regulations providing for gender equality and non-discrimination after the BDPFA. The dawn of the current genderresponsive constitutional dispensation has seen the enactment of several statutes that specifically address issues that have historically perpetuated patriarchy and disempowered women in Kenya. In attempting to implement these laws, the country has unveiled the roots of gender discrimination and highlighted the dangers of disregarding other nuances of this form of inequality such as economic, social, legal, and cultural factors and the intersectional nature of gender imparity. The impact of the BDPFA on the legal status of women in Kenya is evident; the implementation, however, has presented a few challenges as a result of the distinctive difficulties encountered by Kenyan women and the existing Kenyan legal system.

2020 ◽  
Vol 8 (3) ◽  
pp. 25-37
Author(s):  
Natalia Kostiuk ◽  
Olena Antoniuk

The article deals with gender inequality in the economic, political and social spheres of Ukraine and the key reasons for gender imbalance in the observation and realization of gender rights. The topicality of the article is predetermined by the necessity of the systemic solution to the problem of gender equality in Ukraine that is declared in the country’s constitution as the pivotal principle of safeguarding legal rights and freedoms of people in a democratic state.The authors have made an analysis of the Ukrainian norms and laws in force as well as some ratified international treaties in the sphere of gender equality insurance. The current state of realization of the main directions of social policy of Ukraine in the sphere of gender equality has been determined on the basis of the World Economic Forum and in particular the analysis of the index of gender discrepancy in certain spheres of human activity as well as the gender monitoring of the representation of candidates in the special election of people’s deputies of Ukraine in 2014 and 2019. The impact of gender discrimination against women on the social economic development of the world countries and their national wealth level has been considered.The study has allowed revealing a positive tendency in the realization of women’s right to participate and be represented in the economic and political spheres of Ukrainian activity and offering further necessary state measures in the social policy pertaining to the eradication of gender asymmetry in the Ukrainian society. The need of redirecting the government gender policy to more effective measures for overcoming gender inequality, gender segregation and multiple forms of discrimination against women under the conditions of the severe economic, political and social upheavals in Ukraine has been pointed to. The authors have come to the conclusion that the development of the political and juridical concept of eradication of gender discrimination against women in Ukraine is the pledge of sustainable development of the Ukrainian society which in its turn is a necessary condition for forming a competitive human capital of the country that has chosen the Eurointergation foreign policy course.


2020 ◽  
pp. 54-62
Author(s):  
Oleksii V. Lyulyov ◽  
Oleksandra I. Karintseva ◽  
Andrii V. Yevdokymov ◽  
Hanna S. Ponomarova ◽  
Oleksandr O. Ivanov

The article describes the situation of gender equality in Ukraine and in the world during the last 5 years, identifies the leading countries in moving towards gender equality in various fields of life by analyzing the indicators of the Global Gender Gap Report of the World Economic Forum. These indicators include: Economic Participation and Opportunity, Educational Attainment, Health and Survival, Political Empowerment, which are the part of a single index that determines the position of countries in the overall ranking. Based on the results of this analysis, Ukraine has improved value of gender equality index, although in the overall ranking of countries Ukraine has lost its position and dropped 11 ranks lower than in 2014. This means that, among all the countries surveyed by the World Economic Forum, there are countries that are moving much faster towards gender equality than Ukraine. In addition, the article includes the investigation of the gender representation among the board members of 5 enterprises of Ukraine for 2014-2017, which represent the leading sectors of the Ukrainian economy. The dynamics of changes in the level of performance of these enterprises using the return on assets (ROA) indicator is analyzed, the relationship between the leadership of the enterprises and the value of the ROA indicator is graphically presented. The obtained results do not give a clear answer about the gender impact on the enterprise performance. The reason for this is a number of factors, such as: insufficient statistical sampling of enterprises; the selected performance indicator of enterprise activities does not fully reflect the impact of the gender factor on enterprise activities; the methodology used in the work needs improvements, or it is necessary to choose a totally new approach to the analysis of the investigated issue under study. Gender representation among board members and its impact on enterprise performance should be investigated further. Key words: gender, gender equality, enterprise board members, return on assets.


Author(s):  
Katherine Paugh

The prospect of legalizing Afro-Caribbean marriage in order to promote fertility raised troubling issues for abolitionist reformers. The previously obscure legal case of Mary Hylas illustrates the legal quagmire created by the uncertain legal status of women who were both married and enslaved. Mary was an enslaved Afro-Barbadian woman who traveled to England with her mistress; while there, she married an Afro-Caribbean man. After her return to Barbados, Mary’s husband sued for her return on the basis that, as her husband, he had greater claim to her person than her master. This case, and the closely related Somerset case, resulted in a legal fracas in which abolitionist and pro-planter lawyers each struggled to define the relationship between marriage and slavery. Mary’s story thus allows us to think more deeply about the world of problems that British reformers faced as they contemplated promoting fertility among the enslaved by encouraging Christian marriage.


1989 ◽  
Vol 17 (2) ◽  
pp. 9-17
Author(s):  
Maria Nzomo

The 1985 Nairobi Conference to close the United Nations decade dedicated to women of the world caught Kenyan women (and men) by storm. Indeed, the majority of Kenyan women did not know, until the eve of this conference, that there had been an entire decade dedicated to them, and committed to the achievement of Equality, Development, and Peace. However, the Kenyan policy makers and the enlightened among Kenyan women, especially leaders of women's organizations, were not only fully aware of the decade's developments, but had in various ways participated and contributed to it. On its part, the Kenya government by the end of the decade, had adopted a Women in Development (WID) policy position and created and/or promoted national machineries to develop and coordinate programs for women.


Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 468 ◽  
Author(s):  
Justin Lusasi ◽  
Dismas Mwaseba

We set out to unveil gender inequality with respect to women’s access to family land following the surge in tree-planting in selected villages in the Southern Highlands of Tanzania. Specifically, the study describes land-transaction procedures at the household level and shows how the lack of women’s involvement in such land transactions affect their access to and control over family lands. Gender inequality is portrayed in a variety of social and economic activities, with women being deprived of access to, control over, and ownership of land. Although the current land laws address gender inequalities pertaining to women’s access to, ownership of, and control over land, the impact of such reforms has been minimal. Drawing on Bourdieu’s concept of symbolic violence, we reveal how women suffer symbolic violence through traditional practices of land management and administration. Societies in the studied villages are strongly patriarchal, with men being dominant and women subordinate. In such a patriarchal system, women’s empowerment is urgent. Women require knowledge and awareness of the laws and regulations that affirm their rights not only to family lands, but also to participation in decision-making processes regarding family assets. We recommend non-oppressive approaches to natural-resource management. As such, we call for existing authorities at the village and district levels, Non Governmental Organisations (NGOs) and legal bodies to promote gender equality in land-management practices. We also advocate dialectical communication between women and men in order to reveal and heal practices of symbolic violence, and enhance gender equality in respect of access to land and its control and ownership in villages in the Southern Highlands of Tanzania. Effective implementation of existing land laws and regulations that address gender inequality and associated violence is unavoidable.


2019 ◽  
Vol 3 (3) ◽  
pp. 123-134
Author(s):  
Savitri Shrestha

Gender refers to the complex social construction of men’s and women’s identities. Sex and gender are different. The biological or physical construction is sex, which is created by nature. Gender is  purely a social construct. Gender Equality is a concept that is yet to be materialized. Around the world different individuals and groups of people are marginalized and discriminated on the basis of various factors, but discrimination against women is universal. Due to this, women are not able to use their full potential or assert their rights to live healthy life, and it has a deep impact in economic development. Gender equality is not only matter of human right but also basic of economic development. Gender inequality is a severe obstacle to socio-economic development, human capital development and income generation. Gender inequality is harmful to long term development and growth. Unequal gender will never alone be sufficient for poverty reduction and economic development. Gender discrimination not only affects females but males as well. The discriminatory practices do not only affect individuals but national economy and world economy as a whole. Due to stereotypical division of work most men are over loaded with economic duties, while women are being limited to household works only. Fifty per cent of the world population is over-loaded with economic duties, while fifty per cent of the brain is underutilized. The economic value of the household work which is done by females is not calculated and reflected in a country’s economy. This devalues the effort and work done by females and also is loss for the national economy. Education and development goes together, for a better balance of gender, educational equality is must. Education is key factor to promote human capital, which ensures economic growth. Formal education, trainings, study programs improves the capacity of individuals to live a decent life, which is the basic of development. Gender will never alone be sufficient for development. Gender equality is not only matter of human right but also basis of economic development.


2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Ayşen Üstübici

AbstractThe article highlights international dimensions of the emergence and transformation of migration policies in Turkey from the early 2000s onwards, including the context of the Syrian displacement, which made Turkey the top refugee hosting country in the world. While the transformation of migration governance in Turkey has widely been discussed, the effects of externalization on Turkey have remained focused on foreign policy and Turkey-EU relations. Only recently has the research explored the socio-legal implications of migration governance in terms of the emergence of categorizations leading to differentiated inclusion of migrant groups. The article establishes the historical and conceptual link between technocratic responses to externalization dynamics and the emergence of differentiated legal status. The article argues that measures of externalization brought a technocratic approach to migration governance. As a result, the complex, controversial aspects of the externalization process, such as the production of differentiated legal statuses amongst migrant communities with protection needs, have so far been overshadowed.


2015 ◽  

Gender discrimination continues to be a reality in several parts of the world, also in Europe. The aim of this book is to provide an overview of both European Union’s (EU) gender policies and gender balance in EU institutions. It does so by looking at gender equality policies and the EU legal system concerning gender equality, women’s representation within diff erent institutions (and more particularly in the European External Action Service), gender rights as a type of human rights and the EU’s role in the external promotion of womens’ rights in third countries. The analysis shows that women’s representation in the EU institutions has increased in the last decades and that the EU has strengthened its att ention to gender rights in its external relations as well, however the results of both att empts are far from being fully satisfactory.


2021 ◽  
Vol 55 (3) ◽  
pp. 671-689
Author(s):  
Slobodan Antonić

The first part of the article describes the ideological disputes in the Serbian public related to the proposal for the adoption of three laws: on same-sex marital union, on gender equality and on the prohibition of gender discrimination. The second part of the article proposes a modified version of the theory of the world capitalist system and neocolonialism as a theoretical framework for explaining these political and ideological controversies. In conclusion, the author states that it is certainly possible to contextualize these ideological and political disputes theoretically in a different manner, but that the proposed theoretical framework enables a coherent understanding of other dominant social phenomena in Serbia.


2021 ◽  
Vol 7 (44) ◽  
pp. 2243-2252
Author(s):  
Burcu DOĞAN ◽  
Erdem HĠLAL

In our country, the accoutancy profession gained legal status on 13 June 1989 with the law numbered 3568. For more than 30 years, the requirements of the profession have been shaped by the law numbered 3568 for the activities of the accounting profession to keep up with the times. The audit profession and accountants were questioned after the accounting scandals that shook the whole World in the 2000. After the scandals in the profession, necessary steps were taken for the advent of the profession in our country as well as in the Word. The aim of this study is to examine the changes in the number of people who prefer in the light of these developments in the profession. İn light of the developments in the World, as a result of the increasing importance of the independent auditor’s profession, it is to determine the number of female auditors who perform the financial consultancy and subsequently continue their activities as auditors. Working in Ankara is the reason for choosing not constitute a significant proportion of the total number of financial advisory and auditing profession in Turkey. İn this study revealed how less female independent auditors perform this profession compared to male professionals. For this purpose, Ankara were examined by determining the number of women in proportion to the number of auditors and independent auditors in Turkey are given.


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