Introduction -- Interpretation of Kenya's 2010 Constitution -- Multiple and competing conceptions of equality -- Grounds for non-discrimination -- Conceptualisation and application of affirmative action -- Competing equalities : religion, culture and gender equality -- The interrelationship between socio-economic rights and status-based equality -- Interrelationship between socio-economic rights and status-based equality in current Kenyan jurisprudence -- Conclusion : finding harmony.

This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya. Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts. The book focuses on important issues such as: - transformative constitutionalism in relation to the interpretation of Kenya's 2010 Constitution; - expanding the list of enumerated grounds for non-discrimination; - affirmative action; - accommodating religious and cultural diversity versus gender equality; - the interrelation between socio-economic rights and status-based equality.

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.

#1 INTERNATIONAL BESTSELLER • “A landmark manifesto" (The New York Times) that's a revelatory, inspiring call to action and a blueprint for individual growth that will empower women around the world to achieve their full potential. In her famed TED talk, Sheryl Sandberg described how women unintentionally hold themselves back in their careers. Her talk, which has been viewed more than eleven million times, encouraged women to “sit at the table,” seek challenges, take risks, and pursue their goals with gusto. Lean In continues that conversation, combining personal anecdotes, hard data, and compelling research to change the conversation from what women can’t do to what they can. Sandberg, COO of Meta (previously called Facebook) from 2008-2022, provides practical advice on negotiation techniques, mentorship, and building a satisfying career. She describes specific steps women can take to combine professional achievement with personal fulfillment, and demonstrates how men can benefit by supporting women both in the workplace and at home.

Minority and indigenous women in Kenya are discriminated against on multiple levels; they are targeted because of their identification with a minority or indigenous group, and as women – both by cultural practices within their own community and because of gender discrimination more widely. This report examines the challenges and the new opportunities that have emerged with the passing of the new Constitution in 2010. The goal of the report is to reflect the voices and experiences of women from diverse minority and indigenous communities in Kenya. For hunter-gatherer women, many of whom have been displaced and forced to become squatters, community land rights are a primary concern. They view their lack of opportunities, basic services and education for girls as a direct result of their displacement. For pastoralist women, insecurity and conflict in areas where they live has a disproportionate impact on them. Cultural practices that are harmful to girls, such as female genital mutilation and early marriage, reduce girls’ access to education and entrench women’s poverty. For fisher peoples, environmental degradation and collapsing fish stocks are major fears. Women from these communities expressed their frustration at traditional gender roles that place much of the responsibility for meeting the family’s basic needs on women. While there is strong leadership from individual women in many of the minority and indigenous communities described in this report, the majority of women face ongoing violations of their human rights. Trapped in a cycle of poverty that they attribute directly to decades of marginalization, they fear that they and their children will not be able to take advantage of gains in the new Constitution. This report highlights actions identified by minority and indigenous women that should be taken by the government and other actors to support women’s empowerment and participation in the decision-making processes that directly affect them.