GENDER AND THE LAW

KLAW 423

ASSIGNMENT: CLASS PRESENTATION

INTRODUCTION TO FEMINISM

GROUP 1 MEMBERS

1. LUCY MUTHONI NDEGWA LAW/MG/2643/09/19

2. EGLA CHEPKEMOI LAW/MG/1469/09/19

INTRODUCTION TO FEMINISM

Feminism has been a topic of discussion and awareness since the nineteenth century to date as it
focuses on understanding the gender inequalities on certain parameters that is power relations,
gender politics and sexuality. Therefore, feminism basically means all genders have equal rights
and opportunities.1 This ideology translates to aiming at promoting the rights and interests of
women. It tries to destroy the stereotype that men are superior to women and it should be
understood that men and women have equal rights and opportunities.

Feminism has developed overtime in waves and currently there are four waves deriving
feminism. The first wave was between the nineteenth and early twentieth which focused on
women suffrage and was against the patriarchy amongst the men. The second wave was during
the 1960 which focused on improving the equality for women to make their own choices on
matters concerning their bodies. This wave basically sought the liberation of women. The third
wave was in 1992 which focused on the reproductive rights for women which included access to
birth control and abortion. The last wave is the fourth wave in 2012 which focused on body
shaming, sexual harrasment and rape culture. This wave was mostly propagated through social
media.

There are theories which have shed light on the idea of feminism and the theories include; liberal
feminism, radical feminism, Africana feminist theory or the womanism and the Marxist
feminism.

Liberal Feminism

Liberal feminism is a subset of feminism that focuses on the role of individuals and laws in
achieving gender equality. It arose in the nineteenth century as a reaction to women's limited
rights and opportunities in Western societies.

The history of liberal feminism can be traced back to the suffrage movement of the late
nineteenth and early twentieth centuries, which sought to give women the right to vote. In the

1
Course outline, Gender and the Law, 2023
United States, famous figures associated with this movement include Susan B. Anthony and
Elizabeth Cady Stanton, and in the United Kingdom, Emmeline Pankhurst.

Liberal feminism is defined by the belief that women should have the same rights and
opportunities as men, and that this can be accomplished through legal and political means. This
includes advocating for equal pay, reproductive rights, and an end to workplace and societal
discrimination and harassment. Liberal feminists believe in the transformative power of
education and individual agency.

Features of Liberal Feminism

(I) Individualism

Its main focus is on personal freedom and autonomy. Unlike radical feminists who stresses the
urge of a broad, class based solidarity and a collective purpose towards effective social change,
they focus individual freedom and autonomy.2

(ii) Legal and Political Reforms

Liberal feminists secure their rights using the existing power system for instance the courts.
Progress in women's lives is witnessed in instances where women have fought to have equal
rights as men in the public institutions, workplaces and in representation.3

(iii) Pragmatism

Most of the liberal feminists approach reforms in a more realistic and practical way. It is their
trait to identifying political wars that are winnable and gains that they can achieve within the
current political and economic institutions.4

Consequently, there are so much impacts that liberal feminism has transformed into the law.
Women nowadays have the right to vote, right to hold public office, right to work and right to

2
Liberal Feminism: A History of Liberal Feminism (11 Oct 2022) <https://www.masterclass.com/articles/liberal-
feminism> accessed 25th January 2023
3
Ibid
4
Ibid
fair and equal wages, right to own property, right to serve in the military, right to enter into legal
contracts and marital, parental and religious rights. 5

Criticisms

Liberal feminism's detractors argue that it fails to address societal structural inequalities and that
a focus on individual rights and laws does not always result in true equality for marginalized
groups of women. They argue that simply granting women the same rights as men within the
current system is insufficient, and that the system itself must be altered to address intersections
of class, race, and other forms of oppression.

Another critique of liberal feminism is that its demands have been classist and racist. For
example, while liberal feminists actively participated in pro-abortion campaigns, they failed to
recognize how women of color and women from lower socio-economic backgrounds often
struggled for the right to keep and realize their fertility, because these women historically faced
problems of forced sterilization, medical experimentation and so on from the US governments.

In addition to racism and classism, liberal feminism has been accused of being heterosexist,
especially by radical feminists and lesbian feminists. When lesbians working within the
Women’s Liberation Movement decided publicly to declare their sexual identity, their leadership
and membership of organizations such as The National Organization for Women (NOW) were
hesitant to support them as they felt that a “vocal and visible lesbian constituency” may cause
damage to the women’s movement.

Another area where liberal feminism has faced strong backlash for is their notion of women as
‘superwomen’ capable of successfully combining marriage, family and career. This was
eventually considered by critiques as more oppressive towards women as they were expected
now to succeed in a male-dominated workplace while simultaneously managing their traditional
roles of ideal housewives and mothers.

5
Feminists Effect on society <https://en.m.wikipedia.org/wiki/Feminist_effects_on_society> accessed 30th January
2023
Radical Feminism

Radical feminism is a subset of feminism that emphasizes the need for a radical reorganization of
society in order to achieve full gender equality. This subset of feminism is more militant and
advocates for more radical changes than liberal feminism. The theory asserts that the society is
tool used to fulfil patriarchy in that men are the oppressors of women.6 These class of feminists
believe that the oppression of women is the key form of oppression which has existed since time
immemorial.7 The main aim of radical feminists is that they want to do away with the patriarchy
to liberate women and girls from the unjust society by challenging the existing social norms and
institutions.

Radical feminism has its roots in the late 1960s, when a group of feminist activists and scholars
began to break away from the more mainstream liberal feminism of the time 8. They believed that
liberal feminism did not go far enough in addressing structural inequalities faced by women
especially socially, economically and intellectually9, and instead advocated for a more radical
restructuring of society. Women could neither own property, businesses nor did they pursue
careers.

A focus on patriarchy, or a societal structure in which men hold power over women, is one of the
main features of radical feminism, as it is an emphasis on the importance of consciousness-
raising and direct action. The role of the nuclear family and traditional gender roles in
perpetuating patriarchal power dynamics is also frequently criticized by radical feminists.

Assertions of Radical feminists

6
Echols, Alice. Daring to be bad: Radical Feminism in America, 1967-1975. Vol 3 U of Minnesota Press, 1989
7
Atkinson, Ti-Grace, “Radical Feminism”. Radical feminism: A documentary reader (2000)82-89
8
Guardian, Carol (2010), Freedom for women: Forging the Women's Liberation Movement, 1953-1970 University
Press of Florida ISBN 978-081-3034- 5460
9
Mamta Rao, Law Relating to Women and Children (Eastern Book Company, 3rd Edition) 12
They assert that women have been systematically oppressed and marginalized and therefore they
been regarded as inferior to men because of the existing patriarchy.10 Another assertion is that
men do gain from the oppression of women as patriarchy is a relationship of dominance and
therefore the superior class exploits the the inferior class. As a way of oppressing women, men
use the existing social systems and other forms of control. Power is a common form of
suppressing women and this catalyses men to oppress women.11

Criticisms

Radical feminism has been accused of being exclusionary, focusing primarily on the experiences
and oppression of cisgender, straight, white women and failing to acknowledge the intersectional
experiences of marginalized women.

Furthermore, some argue that the theory's emphasis on dismantling patriarchal systems is overly
simplistic, failing to account for other forms of oppression such as race and class.

Radical feminists fail to identify the root of oppression of women.

Radical feminism is silent on the question of racism and it is burdened by a politically suspect
strategy for fighting it.

Radical feminists ways of solving tension is unrealistic and inhuman. For instance gender
segregation would not only be farcical in practicability but would contradict most human rights
legislations.

AFRICANA FEMINISM (WOMANISM)

Africana feminism, also known as Black feminism, is a movement that emerged in the United
States in the early 1970s.12 It was pioneered by Black women activists and scholars who sought
to address the intersectionality of race, gender, and class oppression in their lives. The movement
was a response to the exclusion of Black women from the feminist movement and the Civil
10
Beauvoir, Simone de (2011), "The Second Sex Vintage" ISBN 978-009-9595-731
11
Atkinson, Ti-Grace, “Radical Feminism”. Radical feminism: A documentary reader (2000)82-89

Combahae River Collective, The Black Feminist’s Search for Sisterhood: An Explorationof African American
12

Women’s Political Consciousness.

Rights Movement.13 Africana feminists argued that traditional feminist and civil rights
movements were not inclusive or responsive to the unique experiences of Black women. They
sought to create a space for Black women to voice their own concerns and to develop their own
theories and practices. Some key figures in the movement include Angela Davis, bell hooks, and
Audre Lorde.

Additionally, Africana feminists saw that the mainstream feminist and civil rights movements
were primarily led by and focused on the experiences of middle-class white women and Black
men, respectively. They argued that these movements often ignored or dismissed the specific
issues and struggles that Black women faced, such as poverty, racism, and violence.

Therefore, Africana feminists sought to create a space for Black women to voice their own
concerns and to develop their own theories and praxis that would address the intersectionality of
their experiences. They sought to challenge and dismantle the systems of oppression that affected
them and to create a more inclusive and equitable society for all Black women.

Africana feminists have addressed a wide range of issues and concerns that are specific to the
experiences of Black women. Some key areas that they have focused on include:

1. Racism: Africana feminists have highlighted the ways in which racism is a fundamental
aspect of the oppression of Black women and have worked to raise awareness of and
combat racism in all its forms.14

2. Patriarchy: Africana feminists have recognized the ways in which patriarchal systems
and institutions have oppressed Black women and have sought to challenge and dismantle
these systems.

3. Intersectionality: Africana feminists have emphasized the importance of understanding

the intersectionality of race, gender, class, and other factors in shaping the experiences of
Black women and have sought to create theories and praxis that take these intersections
into account.

13
Margaret L.Hunter “Gender, Race and the Politics of Skin Tone.”
14
Bell hooks, A Black Feminist's Search for Sisterhood, (1984).
 4. Economic Issues: Africana feminists have highlighted the ways in which economic
systems and institutions have oppressed Black women, particularly through poverty and
unemployment, and have sought to address these issues through activism and policy
change.15

5. Reproductive Rights: Africana feminists have recognized the ways in which

reproductive rights are interconnected with other issues affecting Black women and have
sought to ensure access to safe and affordable reproductive healthcare for Black women.

6. Violence: Africana feminists have recognized the ways in which Black women are
disproportionately affected by violence and have sought to address this issue through
activism and policy change.

7. Education and Representation: Africana feminists have sought to increase

representation and visibility of Black women in education, media and other cultural
outlets.

8. Global Solidarity: Africana feminists have sought to connect and build solidarity with
other marginalized groups of women and people of color across the globe, recognizing
that their struggles are interconnected.16

Africana feminism in Africa

In Africa, as in the US, Black women have often been excluded from mainstream feminist and
civil rights movements, and their experiences of oppression have been shaped by multiple
factors, including race, gender, class, and colonialism. Africana feminist thought and praxis have
provided a framework for African feminists to address these issues and to create a space for
Black women to voice their own concerns.

African feminists have also developed their own theories and praxis that are specific to the
context of Africa and its history of colonialism and imperialism. They have sought to challenge
and dismantle systems of oppression, such as patriarchal systems and economic exploitation that
have been imposed on Africa by colonial powers.
15
"The Color of Wealth: The Story Behind the U.S. Racial Wealth Divide" 2006 edition.
16
"This Bridge Called My Back: Writings by Radical Women of Color" 1981 edition.
Some key figures in the development of Africana feminism in Africa include:

-Kenyan feminist and activist Wangari Maathai

-Nigerian feminist and novelist Chimamanda Ngozi Adichie

-South African feminist and anti-apartheid activist Ruth Mompati

-Zimbabwean feminist and political activist Tsitsi Dangarembga

Africana feminism in Africa continues to evolve and shape feminist thought and activism on the
continent today, addressing intersectional issues and amplifying the voices of black women, who
have been historically marginalized.

Wangari Mathai

Wangari Maathai was a Kenyan feminist, environmental activist, and politician. She is best
known for her contributions to the fields of environmental conservation and sustainable
development in Kenya and Africa, as well as her work as a political and human rights activist.

Maathai was a key figure in the development of Africana feminism in Africa and her work
intersected with the ideas and principles of the movement. She recognized that the experiences of
Black women in Africa were shaped by multiple factors, including race, gender, class, and
colonialism, and that traditional feminist and civil rights movements did not fully address or
acknowledge these intersections.

One of Mathai’s most significant contributions to Africana feminism was her work on
environmental conservation and sustainable development. She founded the Green Belt
Movement in 1977, an organization that focused on the planting of trees and the conservation of
natural resources in Kenya.17 Through this work, she recognized the ways in which economic
systems and institutions have oppressed Black women, particularly through poverty and
unemployment, and sought to address these issues through activism and policy change.Maathai
also recognized the ways in which patriarchal systems and institutions have oppressed Black
women, and sought to challenge and dismantle these systems. She fought for the rights of
women and girls, advocating for their education, and reproductive rights.
17
Wangari Maathai, Unbowed: A Memoir.
Chimamanda Ngozi

One of Adichie's most notable contributions to Africana feminism is her emphasis on the
importance of representation and visibility of Black women in literature, media and other cultural
outlets. Her novels and essays, such as Purple Hibiscus, Half of a Yellow Sun, We Should All Be
Feminists, and Dear Ijeawele, or a Feminist Manifesto in Fifteen Suggestions, explore the lives
of Black women in Africa and their experiences of oppression, and they provide a platform to
showcase the voices, perspectives and struggles of Black women, which had been historically
marginalized in literature.

Adichie has also been vocal about the intersectionality of race, gender, and class in shaping the
experiences of Black women in Africa. She has advocated for the rights of women and girls,
particularly in the areas of education and reproductive rights.18

Adichie has also spoken out against the cultural and societal pressures that limit the potential of
Black women, particularly in Africa, and has been an advocate for the empowerment of women
and girls.

Contribution of Africana feminism to the legal framework in Kenya

Africana feminism has contributed to the legal framework of Kenya in several ways, particularly
in terms of challenging and dismantling systems of oppression that affect Black women. Some
examples of how Africana feminism has contributed to the legal framework of Kenya include:

1. Challenging discrimination and racism: Africana feminists in Kenya have worked to

challenge and change laws and policies that discriminate against Black women and
perpetuate racism. This includes advocating for laws and policies that promote racial
equity and addressing racial bias19 in the criminal justice system.

2. Advocating for reproductive rights: Africana feminists in Kenya have worked to ensure
access to safe and affordable reproductive healthcare for Black women, and have
advocated for laws and policies that protect these rights.20
18
https://youtu.be/hg3umXU_qWc
19
Article 27, CoK
20
Article 43,CoK
 3. Addressing violence against Black women: Africana feminists in Kenya have recognized
the ways in which Black women are disproportionately affected by violence and have
sought to address this issue through activism and policy change. This includes advocating
for laws and policies that protect Black women from domestic and sexual violence21 and
addressing the ways in which the criminal justice system often fails to provide justice for
Black survivors of violence.

4. Advocating for economic justice: Africana feminists in Kenya have recognized the ways
in which economic systems and institutions have oppressed Black women, particularly
through poverty and unemployment, and have sought to address these issues through
activism and policy change. This includes advocating for laws and policies that promote
economic justice and equity for Black women, such as raising the minimum wage,22 and
providing access to affordable housing and healthcare.

5. Environmental Conservation: One of the most notable contributions of Africana

feminism in Kenya is the Green Belt Movement founded by Wangari Maathai, which
aimed to address the environmental degradation and poverty that disproportionately
affected Black women. Through her activism, she advocated for laws and policies that
promoted environmental conservation and sustainable development,23 which has had a
positive impact on the livelihood of the communities.24

MARXIST FEMINISM

Marxist feminism is a branch of feminist thought that combines feminist and Marxist ideologies.
It emerged as a response to the limitations of liberal and radical feminism. Marxist feminists
21
Article 28,CoK
22
Article 41,CoK
23
Article 69,CoK
24
Wangari Maathai, Unbowed: A Memoir.
argue that the oppression of women is rooted in their relationship to the means of production,
and that capitalist societies perpetuate this oppression through the exploitation of women's
labor.25 They also argue that traditional Marxist theory, which focuses on class struggle, does not
fully account for the ways in which gender and race intersect with class to create unique forms of
oppression.

Marxist feminists have advocated for the overthrow of capitalism and the creation of a socialist
society, in which the means of production are collectively owned and controlled. They have also
called for the elimination of the traditional nuclear family, which they see as a source of women's
oppression, and for the creation of collective forms of child-rearing and care-giving.

Some key figures in the development of Marxist feminism include Shulamith Firestone, Michele
Barrett, and Heidi Hartmann. Their works, such as "The Dialectic of Sex: The Case for Feminist
Revolution" by Firestone and "The Unhappy Marriage of Marxism and Feminism: Towards a
More Progressive Union" by Hartmann, were influential in shaping the ideology.

Marxist feminists have also been active in various social and political movements, such as the
feminist movement of the 1960s and 1970s, the socialist and communist movements, and labor
and anti-racist movements.

Marxist feminists address a number of key issues related to the intersection of gender, class, and
capitalism. Some of the key issues they address include:

1. Exploitation of women's labor: Marxist feminists argue that women's unpaid domestic
and care work, as well as their paid labor in low-paying jobs, is a form of exploitation
that is essential to the functioning of capitalist economies.

2. Patriarchy and the nuclear family: Marxist feminists argue that the traditional nuclear
family, in which men are the primary breadwinners and women are responsible for
domestic and care work, is a key institution that perpetuates women's oppression.

3. Intersectionality: Marxist feminists recognize that gender oppression is interconnected

with other forms of oppression, such as race, class, and sexuality, and that these

25
De Beauvoir (19970.”The Second Sex Vintage, London” 814-847
 intersections must be taken into account in order to fully understand and fight against
women's oppression.

4. Capitalism: Marxist feminists argue that capitalism is the root cause of women's
oppression and that the overthrow of capitalism is necessary for the liberation of women.

5. Class struggle: Marxist feminists argue that class struggle is a crucial aspect of the fight
against women's oppression, and that working-class women are at the forefront of this
struggle.

6. Oppression of marginalized groups: Marxist feminists also argue that oppression of

marginalized groups, such as women of color, working-class women, and queer women
is a major issue which needs to be addressed.

7. Social Reproduction: Marxist feminists argue that the traditional focus on only the
production of goods and services is inadequate for understanding the ways in which
capitalism oppresses women. They argue that social reproduction, which includes the
work of reproducing labor power and maintaining the conditions of everyday life, is a
crucial aspect of capitalist production that has been ignored by traditional Marxists.