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Women 's Rights Of Women

Good Essays

Since the adoption of the Constitution in 2010 legislation has been enacted to support the rights of women. For example, in 2011 the Prohibition of Female Genital Mutilation Act No. 32 was enacted, prohibiting the practice of female genital mutilation.

In 2012 the Breast Milk Substitutes (Regulation and Control) Act provided for appropriate marketing and distribution of breast milk substitutes. Though this does not directly reflect the rights afforded to women in the Constitution, it does indicate that the interests of women are being considered in the delivery of legislation.

The direct incorporation of international human rights law into the Kenyan domestic legal system via Article 2(6) of the Constitution also impacts on the laws of Kenya, reflecting a vast array of international treaties and conventions, many affecting the rights of women.

The incorporation of international human rights law into the domestic legal system has been affirmed in a number of cases, including in the Supreme Court where the Chief Justice held that ‘the Convention of the Elimination of all forms of Discrimination Against Women applies through the operation of Article 2(6) of the Constitution of Kenya, having been acceded to by Kenya on 9th March 1984’.

Other international instruments ratified by Kenya include the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, the African

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