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Should Women Care?


Introduction

Should women be concerned about a new Constitution? The answer is a clear "yes". First of all they should be concerned because they are citizens, and a new Constitution offers a hope of an improved system of government, more accountability to the people, and more rights for all citizens. If they belong to a group that has in the past felt marginalized - like dalits, janatis, Madhesis and person with disability - they also have reason to hope that the constitution will protect the rights of that community. But they should also be concerned as women - because the new Constitution could guarantee right for women specifically.

What sorts of things can a constitution do that are of benefit to women? In The People's Choice: Short Report on the Draft Constitution in 2002, the Constitution of Kenya Review Commission said:

What does the Draft Constitution do for Women?

  • Prohibits discrimination on grounds of sex, pregnancy and marital status; requires new laws to make this effective

  • Introduces Mixed Member Proportional system; requires that certain % of 'top-up' members be women; permits independent candidates

  • Establishes a general principle of membership of women as at least one third of the total of elected and appointed bodies

  • Due account must be taken of need to include women in public bodies and judiciary

  • Political parties must be democratic, including involvement of women

  • Equal rights will include equal right to land, education, office etc

  • Customary rules must conform to constitutional principles

  • Equal rights to pass citizenship to children; equal rights of husbands and wives of Kenyans to acquire citizenship

  • Protects interests of women in connection with motherhood by rights to maternity leave etc

  • Protects rights in connection with work by general non-discrimination provision: specific provisions on work rights

  • Equal rights to marry, within marriage and at its end

  • Rights of women prisoners to be respected: including protection from violence; separation from men; right to wear clothing which is acceptable to their religion etc.

This gives you some idea of the possible range of issues that concern women, and that might appear in the Constitution.

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