Towards the legal protection of married women: Combating and criminalising marital rape in Kenya
| dc.contributor.advisor | Barratt, Amanda | |
| dc.contributor.author | Guantai, Liz | |
| dc.date.accessioned | 2020-05-06T12:13:04Z | |
| dc.date.available | 2020-05-06T12:13:04Z | |
| dc.date.issued | 2019 | |
| dc.date.updated | 2020-05-06T01:40:46Z | |
| dc.description.abstract | This dissertation addresses the most neglected form of sexual violence in Kenya - marital rape. Drawing from prevailing statistics and testimonies by survivors, it confirms the existence of marital rape in Kenya and delves deeper into the prevailing social and legal dynamics that condone it. On examining the existing legal framework governing sexual violence in Kenya, the finding is that there is no law that explicitly criminalises marital rape. Marital rape is a human rights issue as it curtails women‟s enjoyment of their right to equality and dignity. This dissertation argues that Kenya has a duty to honour her State obligations under international human rights law to respect, protect and fulfill human rights. The dissertation concludes that by not criminalising marital rape, Kenya has failed to satisfy her treaty obligations under International Human Rights Law. The dissertation further draws insights from other jurisdictions‟ legal responses to marital rape through a comparative study of South Africa, India and Australia. The main recommendation of this dissertation is that Kenya should explicitly criminalise marital rape in order to respect, protect and fulfill her human rights obligations pertinent to women. Moreover, it is recommended that a comprehensive response to marital rape requires the State to embrace both legal and extra-legal reforms that will not only criminalise but ultimately combat marital rape in the long term. | |
| dc.identifier.apacitation | Guantai, L. (2019). <i>Towards the legal protection of married women: Combating and criminalising marital rape in Kenya</i>. (). ,Faculty of Law ,Department of Private Law. Retrieved from | en_ZA |
| dc.identifier.chicagocitation | Guantai, Liz. <i>"Towards the legal protection of married women: Combating and criminalising marital rape in Kenya."</i> ., ,Faculty of Law ,Department of Private Law, 2019. | en_ZA |
| dc.identifier.citation | Guantai, L. 2019. Towards the legal protection of married women: Combating and criminalising marital rape in Kenya. . ,Faculty of Law ,Department of Private Law. | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Guantai, Liz AB - This dissertation addresses the most neglected form of sexual violence in Kenya - marital rape. Drawing from prevailing statistics and testimonies by survivors, it confirms the existence of marital rape in Kenya and delves deeper into the prevailing social and legal dynamics that condone it. On examining the existing legal framework governing sexual violence in Kenya, the finding is that there is no law that explicitly criminalises marital rape. Marital rape is a human rights issue as it curtails women‟s enjoyment of their right to equality and dignity. This dissertation argues that Kenya has a duty to honour her State obligations under international human rights law to respect, protect and fulfill human rights. The dissertation concludes that by not criminalising marital rape, Kenya has failed to satisfy her treaty obligations under International Human Rights Law. The dissertation further draws insights from other jurisdictions‟ legal responses to marital rape through a comparative study of South Africa, India and Australia. The main recommendation of this dissertation is that Kenya should explicitly criminalise marital rape in order to respect, protect and fulfill her human rights obligations pertinent to women. Moreover, it is recommended that a comprehensive response to marital rape requires the State to embrace both legal and extra-legal reforms that will not only criminalise but ultimately combat marital rape in the long term. DA - 2019 DB - OpenUCT DP - University of Cape Town KW - Private Law LK - https://open.uct.ac.za PY - 2019 T1 - Towards the legal protection of married women: Combating and criminalising marital rape in Kenya TI - Towards the legal protection of married women: Combating and criminalising marital rape in Kenya UR - ER - | en_ZA |
| dc.identifier.uri | https://hdl.handle.net/11427/31812 | |
| dc.identifier.vancouvercitation | Guantai L. Towards the legal protection of married women: Combating and criminalising marital rape in Kenya. []. ,Faculty of Law ,Department of Private Law, 2019 [cited yyyy month dd]. Available from: | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Private Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Private Law | |
| dc.title | Towards the legal protection of married women: Combating and criminalising marital rape in Kenya | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationname | LLM |