1. G34/31701/2015
WOMEN & GIRLS
HUMAN RIGHTS INFRINGEMENT
GICHOHI LINDA WAIRURI
Abstract:
Infringement means the violation of a rule or law. This document generally outlines
circumstances where women and girls human rights have been violated. Such instances
contain legal components, issues and contents.

2. Introduction
Women in our country as well as other parts of the world have human rights equal to men. These
human rights that protect both genders’ do not often come to the women rescue in various parts
of the country and world. There are several circumstances where women human rights are not
followed or treated with equal measure as the men. Such instances oppresses women hence
violate their human rights. The human rights that protect the women and their interests are listed
in specific acts and statutes within the law. Therefore, enlisting them and pointing out those legal
issues that women human rights are infringed brings a clear view if the law in books are
practiced; law in action. Thus ensuring such matters, instances and cases are handled seriously to
ensure the eradication of violation of women and girls human rights.
Position of women: First and foremost, the position of women in Kenya currently has not
changed completely. This means the point of equality among gender is an issue that still remains
though reduced compared to the early times. Nevertheless, the changing times have not greatly
impacted gender biasness. ‘First, there has been the frustration within women’s movements
where hard-fought struggles to achieve legal reforms have been translated into measures which
only slightly improve the position of women. These experiences have led many feminist activists
to regard law reforms as a waste of time, although others see this failure as a call to a renewed
effort.’1Another instance that diminishes the position of women is that ‘female legal practitioners
are in the unenviable position of dealing with cases of rape, divorce, domestic, violence, etc. in
which their scope for feminist practice is severely limited. Again they face the real problem of
acting as feminist but jeopardizing their clients’ case. This has led to some female practitioners
organizing in feminist groups outside their legal practices as a way of widening the scope of their
potential influence on law. However, it does little to ameliorate the daily problem of operating
within an apparently impervious system of law/knowledge.’2’Women are still faced with
discrimination in the work place and economy. The constitution has established equality between
men and women, a fact that is slowly emerging in the real world.’3Social traditions, culture and
beliefs that place women in a second-rate position to men are partly to blame. The blame is for
the various and different infringement of women human rights; violation of their rights. The
various cultures that are allegedly known to oppress or forbid women in terms of position and
power in Kenya include the Mijikenda and Maasai. Other religions are too allegedly rumored to
do the same; muslim.Anyway, this is an issue that requires steps to be addressed so as to attain
1 ‘Position of Women in Kenya’< www.kenya-advisor.com/kenya-UN-Charter-human-rights.html> accessed 8
December 2014.
2 Carol Smith, ‘The Quest for a Female Jurisprudence’ in Maureen Cain and Carol Smart (Eds), Sociology of Law and
Crime: Feminism and the Power of Law (Routledge 1989).
3 ‘Position of Women in Kenya’ <www.kenya-advisor.com/kenya-UN-Charter-human-rights.html> accessed 8
December 2014.

3. fully gender-equality not only in Kenya but also worldwide. Therefore abolishing gender-
biasness/inequality as it infringes the right to equality according to the Constitution of Kenya.4
Female Genital Mutilation: This act is widely known as ‘female circumcisioncutting’ that is
according to the common people in Kenya. Female Genital Mutilation according to the medical
description is ‘clitoridectomy as a cultural rite sometimes the removal of the labia.5This practice
is outlawed in many parts of the world including Kenya. This is because this particular practice
endangers lives of the women and girls and not to mention having several disadvantages to them
as well. These limitations as to why it is ‘a must to be abolished practice’ includes ‘sever pain,
difficulties in urinating and menstruating, pain during sex, serious problems in childbirth and
lastly physical disability and psychological damage. In Burkina Faso, Asseta, a mother of three
underwent the cutting at the age of 7 years and admits that was the most difficult experience that
she never wants her daughters to go through disregarding the culture.6 This is as it should be
since most girls are forced into this in the name of culture without considering the harm/damage
that would be upon these children at such a young age. In counts, 125 million of the girls and
women population have been cut. The most shocking news is that 90% of the girls in Somalis
have undergone the same thing.7 There are communities in Kenya that still and currently undergo
these practice; Samburu and Maasai community are the most known so far. In a case of Agnes
Kiraithe & others vs. Attorney General and two others, Soila Maasai Centre refused to accept
their 49 girl students who had gone home for a while and came back as circumcised girls. This is
because that school being sponsored has a criterion for rescuing girls from that practice therefore
does not accept admission of circumcised girls. This case provides that the government did not
offer any assistance which questions the law in books and law in action since the girls’ rights are
infringed. Here, we see discrimination against such girls which also inhibit them from acquiring
education contrary to the Constitution, article 27 that forbids discrimination of any kind8.
Nevertheless, considering its effects, the protection from harmful cultural acts in the Children
Act9 and Prohibition of the Female Genital Mutilation Act in Kenya is also violated.10
Women with disabilities: Women with disabilities worldwide have continuously been
mistreated, abused, neglected and put in a pool of torture simply because of their physical
situation. Worst case scenario is featured in India where such people are also inflicted into such
4 The Constitution of Kenya 2010, a 27
5 www.merriam-website.com/dictionary/FGM > accessed 14 December 2014.
6 ‘My Courageous Decision to Go againstTradition’(24 March 2014) <https://www.gov.uk/govt/cases-
studies/female-genital-mutilation >accessed 9 December 2014.
7 Ibid.
8 The Constitutution of Kenya 2010,a 27
9 The Children Act 2001,s 14
10Prohibition of Female Genital Mutilation Act 2011,s 32

4. kind of torture by their own families who can no longer take care or are tired of their burden and
the government who neglect them. They are forced into mental institutions where they face
unsanitary conditions, risk physical and sexual violence and experience involuntary treatment
including electroshock therapy. As one woman put they are treated worse than animals and once
they are locked up their lives are often rife with isolation, fear, and abuse with no hope of
escape.11 Such act goes against the rights to equality and non-discrimination, right to dignity,
equal recognition before the law, freedom from violence and abuse, right to health and freedom
from torture and inhuman treatment. There has also been current reported cases in the media
where women with disabilities living with HIV being sterilized. Coerced sterilization occurs
when financial or other incentives, misinformation or intimidation tactics are used to compel an
individual to undergo the procedure. In many countries, the practice continues to be debated and
justified by governments, medical, professions, family members and caretakers as being in the
best interests of women and girls with disabilities.12The reasons do not consider those particular
women views and violate the United Nations Convention on the Rights of Persons with
Disabilities. It also violates the persons with disabilities Act in Kenya.
Sexual Assault of the females; stripping of women: In the recent situation in Kenya, many
cases have emerged about the stripping of women in public areas. These cases have brought
about different controversies on such instances even though the rights of women; victims of
these despicable acts of indecent men have been violated. Nevertheless, the Constitution of
Kenya in the bill of rights, article 19(2), 20, 21 and 28 protects the rights of any person to be
treated with dignity.13. We don’t hear cases or see women stripping men in the streets for being
bare chest or sagging their trousers thus the double-standards.Therefore,one of the recently
proposed law of 20years in jail for such perpetrators should be followed adhered..Some of the
arguments suggest it is such women’s’ fault. This can be denied so far since in other various
parts of the world some women even wear worse, more intriguing and evoking dressing than
these attacked women. Nevertheless, men there don’t strip women hence seem to have more
respect, disciplined and control over themselves which is more than we can say for these
perverted men attackers.
According to the current media sources in Kenya such instances were reported to have taken
place in Githurai and Kayole.Also as reported in other sources of media, ‘ a video of a lone
woman in a knee-length yellow skirt accosted by three men in an empty public bus being
undressed and sexually abused. Two others round on social media, men violently abusing
11 (3 December 2014)<www.foxnews.com/..../Indian-women-with-disabilities > accessed 9 December 2014.
12 ‘Sterilization of Women and Girls with Disabilities’(20 November 2014)
<www.hrw.org/news/2011/11/10/sterilization-women-and-girls-disabilities >accessed 9 December 2014.
13 The Constitution of Kenya 2010, a 19 (2), 20, 21, 28

5. women. My dress my choice protest sparked by the stripping of an identified woman for
allegedly dressing indecently in Kayole.There has been several cases of stripping/undressing and
flogging of identified women for allegedly dressing indecently.’ ‘In a separate case, a police
officer has been charged with assault for trying to undress a schoolgirl over the weekend though
he denied the allegations. In Kenya such cases should therefore not be tolerated since there is no
such law instituted unlike Uganda where the law bans miniskirt kind of dressing. It was only fair
that the ‘county women representatives asked the members of parliament in Kenya to pass a law
of punishment or incarceration of such perpetrators.’14
All such crimes of undressing contribute to sexual assault cases. Moreover, the lawbreakers who
perform such acts have started using the defense of ‘indecent dressing’ thus undressing women
to hide their other crimes .Recently, a case was reported where a woman in Githurai once again
was sexually assaulted; undressed but not after huge amounts of her money having been stolen.
Another case is one of a bus station egg seller who says an argument with a ticket tout who
refused to pay off boiled eggs escalated and a mob ended up stripping her. This breaks the law
that outlines the freedom from exploitation, violence, abuse and the freedom from torture/cruel,
inhuman or degrading treatment in the Constitution of Kenya. Thus women human rights in such
instances are infringed disregarding the Kenya National Commission on Human Rights Act. This
act is mandated to amongst other things promote, respect for human rights in public and private
institutions.15 Most of all, women human rights are violated contrary to the United Nations
Convention against Torture and other cruel, inhuman and degrading treatment/punishment.
Physical Abuse, Neglect and Rape: Many reports have emerged throughout the world of cases
of physical abuse of women throughout the country. Such reports are like of the women in gulf
countries who end up being tortured or even killed in marriages too exists same scenarios. The
rape cases have been multiplying each and every day in various parts of the world including
Kenya. Recently a 55 year old man defiled a small girl and another, a mother still requesting for
justice for her daughter, 7 years old who was raped. In places like Tulsa, the police do not take
such cases seriously as 3783 untested sexual assault forensic exams were found in their storage
examination facilities. A similar case where rape was not a priority of justice in Kenya is in the
case against a Police Inspector General of the national police service involving a child who had
been assaulted.16 Other places include America, Illinois and New Orleans. All this violates the
victims’ freedom and right of security and fair administrative action.17
Conclusion
Women and girls rights have been violated in the above ways. The infringements of their human
14 Gaston Valusi,‘Sexual abuseCases’Daily Nation (Nairobi,9 December 2014) 36.
15 Kenya National Commission on Human Rights Act 2011,s 59
16 CK, Ripples International v Commissioner of Police (2012) e KLR 8 (HC)
17 The Constitution of Kenya 2010, a 29,47

6. rights bring about issues and cases that should be addressed by every government to ensure the
law is strictly followed. This generally improves the lives of the women and girls in all parts of
the world curbing their fear of insecurity, neglect, discrimination and abuse.
Bibliography
_ _ www.merriam-website.com/dictionary/FGM> accessed 14 December 2014.
_ _ ‘My Courageous Decision to go Against Tradition’ (24 March 2014)
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‘Position of Women in Kenya’ <www.kenya-advisor.com/Kenya-UN-Charter-human-rights.html
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(3 December 2014) <www.foxnews.com/..../Indian-women-with-disabilities> accessed 9 Dec
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‘Sterilization of Women with Disabilities,’(20 November 2014)
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