Legal intervention to curb discriminatory religious practices in Kenya for full realization of Women's Human Rights: A comparative study of christianity and Islamic faiths

Abstract

Human rights are a concept that has been constantly evolving throughout human history. They have been intricately tied to the laws, customs and religions throughout the ages. The origin of human rights could be said to be rights of man which are as old as the human race and are as ancient as they are contemporary i.e. inhere in human beings as soon as and as long as they are human. However there are those who view human rights as legally given or defined while others view their origin in relation to human society and the need to protect the individual against competing claims on his/her right. In English history perhaps the earliest and most significant human rights development was the Magna Carterl in which the barons of that generation obtained recognition of their rights together with free men. In 1384, King Edward 1Il introduced the important concept of "due process of law" which the rights of the individual were vindicated. By the 17th Century the Magna Carter which hitherto was the protection for the wealthy and free men was regarded as a letter of freedom that guaranteed all freedoms and individuals against the King and the state