The law and the beautiful: a critical analysis of how Kenyan Law addresses appearance discrimination

Appearance discrimination is an example of how discrimination mutates and continues to permeate in society undetected. Appearance discrimination is propagated subconsciously in most instances, hence making it hard to recognize or even regulate. Consequently, appearance discrimination is described as a social and ethical issue as opposed to a legal issue. This misconceived notion has acted as a catalyst for the silent but harmful invasion of appearance discrimination in Kenya. Kenyan law avails schools and workplaces, the discretion to formulate and enforce dress codes and grooming practices, under limited supervision. These dress codes and grooming practices seem fair and inobtrusive at face value, however, they have created a habitable environment for the proliferation of appearance discrimination. Appearance discrimination is particularly formidable because it creates a novel form of discrimination, and intersects with other forms of discrimination such as racism and sexism. Appearance discrimination as an individual concept, limits an array of fundamental rights and freedoms such as, the freedom of expression and the freedom from discrimination. Additionally, when appearance discrimination intersects with protected characteristics such as sex, race, religion, and culture, it 1) circumvents the existing anti-discrimination laws which intend to eradicate discrimination based on protected characteristics, 2) creates a loophole for injustice and 3) exposes marginalized and vulnerable groups to prejudice. This dissertation, therefore, analyses the concept of appearance discrimination both as an individual concept and when it intersects with other forms of discrimination, to highlight the detrimental effects of this form of discrimination. Additionally, this dissertation investigates whether Kenyan law efficiently protects its citizens against the perilous effects of appearance discrimination. The protection against appearance discrimination in Kenya is then juxtaposed to the progressive laws in the United States of America (USA), for purposes of testing the efficacy of Kenyan law. The juxtaposition proves that Kenyan law is inadequate in efficiently protecting against appearance discrimination. Consequently, this dissertation makes recommendations on how Kenyan law can improve its efficiency in protecting against appearance discrimination, and formulates a draft statute that Kenya can adopt.

Grantor

Department of Public Law

Year dc:date.issued

2024

Author dc:creator

• Karanja, Esther

Advisor dc:contributor.advisor

• Barratt, Amanda

• Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/40270

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/40270