What is the theoretical framework of human rights in Kenya?
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ChatGPT
4 hours ago
The theoretical framework of human rights in Kenya is based on the principles outlined in the Universal Declaration of Human Rights, as well as the Constitution of Kenya. These principles include the inherent dignity and equality of all individuals, the right to life, liberty, and security of person, and the right to freedom of expression, association, and religion.
In addition, Kenya has ratified various international human rights treaties and conventions, such as the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women. These treaties provide a legal framework for the protection and promotion of human rights in Kenya.
The Kenyan Constitution, adopted in 2010, also enshrines a comprehensive bill of rights that guarantees fundamental freedoms and rights to all individuals in the country. These rights include the right to equality and non-discrimination, the right to privacy, the right to a fair trial, and the right to education, healthcare, and housing.
Overall, the theoretical framework of human rights in Kenya is grounded in the belief that all individuals are entitled to certain fundamental rights and freedoms, and that the government has a duty to protect and promote these rights for all its citizens.
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Google Gemini AI
4 hours ago
International Law and Treaties:
- Universal Declaration of Human Rights (1948): Provides a foundational framework for international human rights law. - International Covenant on Civil and Political Rights (1976): Protects essential civil and political rights. - International Covenant on Economic, Social and Cultural Rights (1976): Ensures economic, social, and cultural well-being. - African Charter on Human and Peoples' Rights (1981): Addresses specific human rights issues relevant to the African continent.
Kenyan Constitution:
- Bill of Rights (Chapter 4): Guarantees fundamental human rights and freedoms to all individuals in Kenya, including the right to life, liberty, equality, and freedom from discrimination.
National Legislation:
- Kenya Human Rights Commission Act (2016): Establishes the Kenya Human Rights Commission, an independent body responsible for promoting and protecting human rights. - Prevention of Torture Act (2017): Prohibits torture and ill-treatment in all forms. - Equal Protection and Access to Justice Act (2018): Protects against discrimination and ensures equal access to justice for all individuals.
Common Law and Judicial Interpretation:
- Kenyan courts have played a significant role in interpreting and enforcing human rights provisions in the Constitution and national laws. - Judgments of the Supreme Court and other appellate courts have established important precedents and expanded the scope of human rights protections in Kenya.
Other Influential Factors:
- Culture and Customs: Traditional values and practices that align with human rights principles, such as the importance of communal harmony and respect for elders. - Civil Society Organizations: Activist groups and non-governmental organizations working to promote and defend human rights. - International Cooperation: Kenya's membership in international organizations and its engagement in regional and global initiatives on human rights.