Arguing traditions : Denying Kenya's Women Access to Land Rights
Two major approaches on how to address women's land security can be identified: reforming the formal legal sector, and embracing informal community practices. However, through research conducted among Kenya's agricultural communities, the...
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| Format: | Working Paper |
| Language: | English |
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World Bank, Washington, DC
2018
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| Online Access: | http://documents.worldbank.org/curated/en/421721468088475667/Arguing-traditions-denying-Kenyas-women-access-to-land-rights http://hdl.handle.net/10986/30531 |
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okr-10986-30531 |
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| recordtype |
oai_dc |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English |
| topic |
ABUSE ACCESS TO JUSTICE ACCESS TO LAND AGRICULTURAL DEVELOPMENT AGRICULTURE APPROPRIATIONS BASIS OF SEX BEATINGS BIODIVERSITY CITIZENS COMPLICATIONS CORRUPTION COURT COURTS CROPS CULTURAL PRACTICES CUSTOMARY LAW CUSTOMARY PRACTICES DECEASED HUSBANDS DESCENT DEVOLUTION OF PROPERTY DISCRIMINATION DISCRIMINATION AGAINST WOMEN DISCRIMINATION ON THE BASIS OF GENDER DIVORCE ECOLOGY ECONOMIC EMPOWERMENT ECONOMIC RIGHTS EDUCATION OF WOMEN ELDERLY EMPOWERMENT EQUALITY ETHNIC GROUPS FAMILIES FAMILY LAW FAMILY MEMBERS FAMILY STRUCTURES FAMILY SUPPORT FAMILY UNITS FARMERS FEMALE FEMALE CHILDREN FEMALE CLIENTS FORMS OF DISCRIMINATION FUNDAMENTAL RIGHTS FUTURE GENERATIONS GENDER GENDER AND LAW GENDER DISCRIMINATION GENDER DISPARITY GENDER EQUITY HIV HOME HOMES HOUSING HUMAN RIGHTS HUMAN SETTLEMENTS HUSBAND HUSBANDS INCLUSION OF WOMEN INDIVIDUAL RIGHTS INEQUALITIES INEQUITABLE DISTRIBUTION INHERITANCE INHERITANCE RIGHTS INTEGRATION INTERNATIONAL COVENANT JUDGE JUDGES JUDICIAL REFORMS JUSTICE KINSHIP LACK OF KNOWLEDGE LAND GRABBING LAND OWNERSHIP LAND REFORM LAND RIGHTS LAND TENURE LANDS LAWS LEGAL EDUCATION LEGAL REFORM LEGISLATION LEVEL OF EDUCATION LOCAL AUTHORITIES MANDATES MARGINALIZATION MARITAL PROPERTIES MARITAL PROPERTY MARITAL STATUS MARRIAGES MARRIED WOMEN MOTHER NATIONAL DIALOGUE NATURAL RESOURCES NGOS NONGOVERNMENTAL ORGANIZATIONS OWNERSHIP RIGHTS PAMPHLET PARTNERSHIP PEACE PHYSICAL ABUSE POLICY MAKERS POLICY RESEARCH POLITICAL RIGHTS POLYGAMOUS MARRIAGES PRACTITIONERS PREGNANCY PROGRESS PROPERTY RIGHTS PUBLIC POLICY RESPECT RIGHTS ADVOCATES SAFETY NET SAFETY NETS SEX SOCIAL PRESSURE SOCIAL SECURITY SOCIAL STRUCTURE SOCIAL SYSTEMS STATE RESPONSIBILITY SUSTAINABLE DEVELOPMENT SYSTEMS OF LAND TENURE TREATY WAR WIDOW WIDOWS WIFE WILL WILLS WIVES WOMAN WOMEN LAWYERS WORLD CONFERENCE WORLD CONFERENCE ON WOMEN JUSTICE FOR THE POOR |
| spellingShingle |
ABUSE ACCESS TO JUSTICE ACCESS TO LAND AGRICULTURAL DEVELOPMENT AGRICULTURE APPROPRIATIONS BASIS OF SEX BEATINGS BIODIVERSITY CITIZENS COMPLICATIONS CORRUPTION COURT COURTS CROPS CULTURAL PRACTICES CUSTOMARY LAW CUSTOMARY PRACTICES DECEASED HUSBANDS DESCENT DEVOLUTION OF PROPERTY DISCRIMINATION DISCRIMINATION AGAINST WOMEN DISCRIMINATION ON THE BASIS OF GENDER DIVORCE ECOLOGY ECONOMIC EMPOWERMENT ECONOMIC RIGHTS EDUCATION OF WOMEN ELDERLY EMPOWERMENT EQUALITY ETHNIC GROUPS FAMILIES FAMILY LAW FAMILY MEMBERS FAMILY STRUCTURES FAMILY SUPPORT FAMILY UNITS FARMERS FEMALE FEMALE CHILDREN FEMALE CLIENTS FORMS OF DISCRIMINATION FUNDAMENTAL RIGHTS FUTURE GENERATIONS GENDER GENDER AND LAW GENDER DISCRIMINATION GENDER DISPARITY GENDER EQUITY HIV HOME HOMES HOUSING HUMAN RIGHTS HUMAN SETTLEMENTS HUSBAND HUSBANDS INCLUSION OF WOMEN INDIVIDUAL RIGHTS INEQUALITIES INEQUITABLE DISTRIBUTION INHERITANCE INHERITANCE RIGHTS INTEGRATION INTERNATIONAL COVENANT JUDGE JUDGES JUDICIAL REFORMS JUSTICE KINSHIP LACK OF KNOWLEDGE LAND GRABBING LAND OWNERSHIP LAND REFORM LAND RIGHTS LAND TENURE LANDS LAWS LEGAL EDUCATION LEGAL REFORM LEGISLATION LEVEL OF EDUCATION LOCAL AUTHORITIES MANDATES MARGINALIZATION MARITAL PROPERTIES MARITAL PROPERTY MARITAL STATUS MARRIAGES MARRIED WOMEN MOTHER NATIONAL DIALOGUE NATURAL RESOURCES NGOS NONGOVERNMENTAL ORGANIZATIONS OWNERSHIP RIGHTS PAMPHLET PARTNERSHIP PEACE PHYSICAL ABUSE POLICY MAKERS POLICY RESEARCH POLITICAL RIGHTS POLYGAMOUS MARRIAGES PRACTITIONERS PREGNANCY PROGRESS PROPERTY RIGHTS PUBLIC POLICY RESPECT RIGHTS ADVOCATES SAFETY NET SAFETY NETS SEX SOCIAL PRESSURE SOCIAL SECURITY SOCIAL STRUCTURE SOCIAL SYSTEMS STATE RESPONSIBILITY SUSTAINABLE DEVELOPMENT SYSTEMS OF LAND TENURE TREATY WAR WIDOW WIDOWS WIFE WILL WILLS WIVES WOMAN WOMEN LAWYERS WORLD CONFERENCE WORLD CONFERENCE ON WOMEN JUSTICE FOR THE POOR Harrington, Andrew Chopra, Tanja Arguing traditions : Denying Kenya's Women Access to Land Rights |
| geographic_facet |
Africa Kenya |
| relation |
Justice for the Poor Research Report;No. 2 |
| description |
Two major approaches on how to address
women's land security can be identified: reforming the
formal legal sector, and embracing informal community
practices. However, through research conducted among
Kenya's agricultural communities, the authors find that
these systems formal, informal, or hybrid are underpinned
(and undermined) by the same local power dynamics that
control and ultimately prevent women from obtaining land,
leaving all of these systems inadequate in ensuring
women's access to land. Community leaders play a key
role not only as local power brokers, decision makers, and
protectors of local practices, but also as gatekeepers to
the formal system. Thus, their decisions to support local
power dynamics and limit access to the formal system
essentially supporting traditions? in lieu of rights can
effectively deny women access to their land rights. Based on
these findings, the authors argue that the policy debate
must shift away from pitting formal legislative approaches
against support for 'customary' systems. With
economic and political contexts influencing individuals, the
debate must look at the social context within communities,
whose members must be pressed to reject attempts to
'hijack' custom and legitimize abusive,
self-serving behavior. This problem needs to be tackled
using the same avenues that currently promote the
marginalization of women, that is, the sociocultural value
systems that determine which behavior, arguments, and
actions are legitimate in a community. By working with
existing positive values, the justice system used formal or
informal becomes less important and a lasting, positive
change on women's access to land rights might be achieved. |
| format |
Working Paper |
| author |
Harrington, Andrew Chopra, Tanja |
| author_facet |
Harrington, Andrew Chopra, Tanja |
| author_sort |
Harrington, Andrew |
| title |
Arguing traditions : Denying Kenya's Women Access to Land Rights |
| title_short |
Arguing traditions : Denying Kenya's Women Access to Land Rights |
| title_full |
Arguing traditions : Denying Kenya's Women Access to Land Rights |
| title_fullStr |
Arguing traditions : Denying Kenya's Women Access to Land Rights |
| title_full_unstemmed |
Arguing traditions : Denying Kenya's Women Access to Land Rights |
| title_sort |
arguing traditions : denying kenya's women access to land rights |
| publisher |
World Bank, Washington, DC |
| publishDate |
2018 |
| url |
http://documents.worldbank.org/curated/en/421721468088475667/Arguing-traditions-denying-Kenyas-women-access-to-land-rights http://hdl.handle.net/10986/30531 |
| _version_ |
1764472044063293440 |
| spelling |
okr-10986-305312021-04-23T14:04:57Z Arguing traditions : Denying Kenya's Women Access to Land Rights Harrington, Andrew Chopra, Tanja ABUSE ACCESS TO JUSTICE ACCESS TO LAND AGRICULTURAL DEVELOPMENT AGRICULTURE APPROPRIATIONS BASIS OF SEX BEATINGS BIODIVERSITY CITIZENS COMPLICATIONS CORRUPTION COURT COURTS CROPS CULTURAL PRACTICES CUSTOMARY LAW CUSTOMARY PRACTICES DECEASED HUSBANDS DESCENT DEVOLUTION OF PROPERTY DISCRIMINATION DISCRIMINATION AGAINST WOMEN DISCRIMINATION ON THE BASIS OF GENDER DIVORCE ECOLOGY ECONOMIC EMPOWERMENT ECONOMIC RIGHTS EDUCATION OF WOMEN ELDERLY EMPOWERMENT EQUALITY ETHNIC GROUPS FAMILIES FAMILY LAW FAMILY MEMBERS FAMILY STRUCTURES FAMILY SUPPORT FAMILY UNITS FARMERS FEMALE FEMALE CHILDREN FEMALE CLIENTS FORMS OF DISCRIMINATION FUNDAMENTAL RIGHTS FUTURE GENERATIONS GENDER GENDER AND LAW GENDER DISCRIMINATION GENDER DISPARITY GENDER EQUITY HIV HOME HOMES HOUSING HUMAN RIGHTS HUMAN SETTLEMENTS HUSBAND HUSBANDS INCLUSION OF WOMEN INDIVIDUAL RIGHTS INEQUALITIES INEQUITABLE DISTRIBUTION INHERITANCE INHERITANCE RIGHTS INTEGRATION INTERNATIONAL COVENANT JUDGE JUDGES JUDICIAL REFORMS JUSTICE KINSHIP LACK OF KNOWLEDGE LAND GRABBING LAND OWNERSHIP LAND REFORM LAND RIGHTS LAND TENURE LANDS LAWS LEGAL EDUCATION LEGAL REFORM LEGISLATION LEVEL OF EDUCATION LOCAL AUTHORITIES MANDATES MARGINALIZATION MARITAL PROPERTIES MARITAL PROPERTY MARITAL STATUS MARRIAGES MARRIED WOMEN MOTHER NATIONAL DIALOGUE NATURAL RESOURCES NGOS NONGOVERNMENTAL ORGANIZATIONS OWNERSHIP RIGHTS PAMPHLET PARTNERSHIP PEACE PHYSICAL ABUSE POLICY MAKERS POLICY RESEARCH POLITICAL RIGHTS POLYGAMOUS MARRIAGES PRACTITIONERS PREGNANCY PROGRESS PROPERTY RIGHTS PUBLIC POLICY RESPECT RIGHTS ADVOCATES SAFETY NET SAFETY NETS SEX SOCIAL PRESSURE SOCIAL SECURITY SOCIAL STRUCTURE SOCIAL SYSTEMS STATE RESPONSIBILITY SUSTAINABLE DEVELOPMENT SYSTEMS OF LAND TENURE TREATY WAR WIDOW WIDOWS WIFE WILL WILLS WIVES WOMAN WOMEN LAWYERS WORLD CONFERENCE WORLD CONFERENCE ON WOMEN JUSTICE FOR THE POOR Two major approaches on how to address women's land security can be identified: reforming the formal legal sector, and embracing informal community practices. However, through research conducted among Kenya's agricultural communities, the authors find that these systems formal, informal, or hybrid are underpinned (and undermined) by the same local power dynamics that control and ultimately prevent women from obtaining land, leaving all of these systems inadequate in ensuring women's access to land. Community leaders play a key role not only as local power brokers, decision makers, and protectors of local practices, but also as gatekeepers to the formal system. Thus, their decisions to support local power dynamics and limit access to the formal system essentially supporting traditions? in lieu of rights can effectively deny women access to their land rights. Based on these findings, the authors argue that the policy debate must shift away from pitting formal legislative approaches against support for 'customary' systems. With economic and political contexts influencing individuals, the debate must look at the social context within communities, whose members must be pressed to reject attempts to 'hijack' custom and legitimize abusive, self-serving behavior. This problem needs to be tackled using the same avenues that currently promote the marginalization of women, that is, the sociocultural value systems that determine which behavior, arguments, and actions are legitimate in a community. By working with existing positive values, the justice system used formal or informal becomes less important and a lasting, positive change on women's access to land rights might be achieved. 2018-10-09T19:25:11Z 2018-10-09T19:25:11Z 2010-01 Working Paper http://documents.worldbank.org/curated/en/421721468088475667/Arguing-traditions-denying-Kenyas-women-access-to-land-rights http://hdl.handle.net/10986/30531 English Justice for the Poor Research Report;No. 2 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo World Bank World Bank, Washington, DC Publications & Research Publications & Research :: Working Paper Africa Kenya |