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D. FOLLOW-UP PROGRAMME
There was a follow-up programme conducted in 2001. This One-day
session centered on how the participants had applied their
training in their day to day work, how they applied the International
Human Rights instruments to their judgments and conduct of
their cases. This has helped improve the image of the judiciary
in the application of the law.
In the year 2002 the follow-up session was not held due to
unforeseen circumstances. There are therefore two follow-up
sessions to be conducted.
E. WHAT IS TAUGHT?
The Participants cover the following subject outlines:-
1) An Introduction to Human Rights Law1
The sources of International Human Rights Law. The treaties,
customs and enforcement mechanisms of treaties.
2. Women’s International Human Rights Laws
The sources and historical overview. The current state of
affairs on these laws.
3. The International Equal Protection Law
Subjects covered
a) Marriage
b) Nationality
c) Matrimonial Property
d) Divorce and Property
e) Estate Administration
f) Violence against Women:-
i) Its Discrimination, prevalence and consequences
ii) Domestic Violence and HIV
iii) Characteristics and techniques of violence
g) i) DEVAW – The Declaration of the Elimination of
Violence
Against Women
ii) CEDAW – Convention on the Elimination of all forms
of Discrimination Against Women
h) What steps by other countries have been taken to address
Domestic Violence.
4. Children’s Rights
The topics to have been discussed were:-
a) The African Charter or Rights of the Child
b) The Convention on the Rights of the Child
c) The Children’s ACT 2001 (Kenya)
Hon. Justice Chunga, Chief Justice (as he then was) requested
that the training under this topic should not be undertaken
or discussed as it would conflict with the new Act.
5. The Relationship Between
The International and Domestic Law including Customary Law.
6. The Role of the Judiciary in the enforcement of
Human Rights
a) The Bangalore Colloquium 1998
b) The Victoria Falls Colloquium 1999.
The identification and removal of barriers that impede judicial
officers in their role of enforcing Human Rights.
F. STATUS OF THE PROGRAMME
This programme works closely with the Judicial Training Committee
in Kenya. All the plans of holding the programmes are channelled
through this committee to the Hon. The Chief Justice (as it
was then done).
Its relationship to the Kenya Women Judges Association is
that the Association is a Chapter of the International Women’s
Association and Foundation (which has now merged). The Donors
are the Foundation and the Kenya Judiciary who pay the trainers’
accommodation and provide transportation to the venue, respectively.
The programme is originally planned for three years. In Kenya
the year 2003 was the last and final training session.
The two Workshops and one or two follow-up sessions require
to be held in order to complete the training period set aside
in the three-year cycle. We have been granted permission by
Hon. The Chief Justice to undertake the 3rd Year Training
Session.
APPENDIX
List of International and Regional Human and Women’s
Rights Instruments
i) The African Charter on Human and People’s Rights.
ii) African Commission on Human and People’s Rights.
iii) African Charter on the Rights and Welfare of the Child.
iv) Universal Declaration on Human Rights (UDHR).
v) Convention on Civil and Political Rights.
vi) Convention on Economic, Social and Cultural Rights.
vii) Optional Protocol to ICCPR.
viii) Convention on the Elimination of all forms of Discrimination
Against Women CEDAW.
ix) Optional Protocol to CEDAW.
x) CEDAW General Recommendation 19
xi) CEDAW General Recommendation 21
xii) Declaration on the Elimination of Violence Against Women
(DEVAW)
xiii) Convention on the Rights of the Child.
xiv) Convention against Torture.
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