Women and the Constitution in Kenya

Abstract

Almost in all known and existing societies, women en masse have always constituted a disadvantaged group which is routinely the subject of discrimination. Even in the United States of America, ohe of the world's most developed countries and practitioners of liberal democracy, the Equal Rights Amendment aimed at formally constitutionalizing the equality of women and men in American society failed to achieve ratification by the requisite state legislatures in order to become law within the required time. Even in countries where gender equality is guaranteed within the legal corpus, de facto equality may not exist. Writes Tove S tang Dahl: M[E]quality under the law today does not preclude the practice of discrimination. Rules on equality of treatment do not, of themselves materialize into equal or just results, either in individual cases or collectively. Often it is just the opposite that the goal of equality demands unequal treatment in order to give weak parties or groups the oppor- tunity for equality and equal worth. In this respect, law can only be properly evaluated if one, in addition to understanding the text of the law and its intention, has insight into the law's consequences for individuals. "2