Investment in Women T hrough P ublic Policy

1. Investment in Women Through Public Policy Brooke Lillard School of Public and Environmental Affairs Blillard@indiana.edu

2. Outline • Introduction • Question • Definition of “investment” • Case Studies • Kenya • United States • Historical Context • Political Representation and Education • Economic Growth • Are women equal to men in the United States? • Conclusion

3. Question If countries invest in women through public policy, particularly constitutions, will their economies develop faster than those that don’t invest?

4. Definition of “investment” • Providing constitutional support for women by providing them with power or authority

5. Case Studies • Kenya • Considered a third world country • Recently ratified its constitution in August 2010 • United States • First world country • Constitution ratified in 1789

6. Did you know? The Kenyan Constitution… • …mentions the terms “sex,” “gender,” “women,” or “woman” in at least 30 different places in the document. President MwaiKibaki lifts up Kenya's new constitution soon after signing it. The ceremony was attended by several African leaders. Photograph: Tony Karumba/AFP/Getty Images

7. Gains for women in the Kenyan Constitution • Equal Rights • Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres. Article 27 (3). • The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. Article 27 (6). • Political Representation • The electoral system shall comply with the following principles–– …(b) not more than two-thirds of the members of elective public bodies shall be of the same gender…Article 81 (b). • Parliament shall enact legislation to promote the representation in Parliament of— (a) women; (b) persons with disabilities; (c) youth; (d) ethnic and other minorities; and (e) marginalised communities. Promotion of representation of marginalised groups. Article 100. • Property Ownership • …elimination of gender discrimination in law, customs and practices related to land and property in land…Article 60 (1)(f).

8. Did you know? The United States Constitution… • …is the only major written constitution that includes a bill of rights but lacks a provision that explicitly states women have equal rights to men.

9. United States Constitution • 19th Amendment • “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have the power to enforce this article by appropriate legislation.” • Passed by Congress June 4, 1919. • Ratified August 18, 1920.

10. United States: Congressional Actions 1938- Fair Labor Standards Act establishes minimum wage without regard to gender 1963- Congress passes Equal Pay Act 1964- Title VII of the Civil Rights Act prohibits employment discrimination on the basis of race, color, religion, national origin, or sex 1965- Labors laws are repealed on the hours and conditions of women’s work, opening previously male only jobs to women 1972- Title XI bans sex discrimination in schools 1974- Congress prohibits housing discrimination against women 1993- The Family and Medical Leave Act goes into effect 1994- Congress passes the Gender Equity in Education Act to train teachers in gender equality 2009-Congress passes the Lilly Ledbetter Fair Pay Act amending the 1964 Civil Rights Act stating that each new discriminatory paycheck resets the 180-day Statute of Limitations for filing a lawsuit regarding pay discrimination.

11. United States Supreme Court Actions 1971- Reed v. Reed rules that if a law discriminates against women, it is unconstitutional under the Fourteenth Amendment 1976- Supreme Court upholds women’s rights to unemployment benefits during the last three months of pregnancy 1978- Kirchberg v. Feenstraoverturns state laws designating the husband as “head and master” 1981- Sandra Day O’Connor becomes first woman appointed to the Supreme Court 1984- Sex discrimination in membership policies is forbidden by the Supreme Court 1998- Court rules that employers are liable for sexual harassment

12. Kenya • President: MwaiKibaki • Population: ~39 million • Tribes: Kenya is made up of about 42 indigenous communities. • Largest are Kikuyu (22%) Luhya (14%), Luo (13%), Kalenjin (12%) and Kamba (11%). • GDP: ~ $32 billion • Constitution: 1963, August 2010

13. Kenya: Tribal History and Colonialism • Tribes before colonialism • Colonialism and its effects • The missing culture • WangariMaathai • Conflict of constitutional and customary laws

14. Kenya’s First Constitution • Largely dated from Kenya’s independence from the United Kingdom in 1963 • Seemed to provide equality to women • Multiple exceptions to equality clause: • Citizenship issues • Law that deals with adoption, marriage, divorce, burial, inheritance, or other matters of personal law nor to “members of a particular race or tribe” with respect to the application of their customary law • Statute that prescribes standards regarding appointment to an office in public service, in a disciplined force, in local authority service, or in the public body corporate • Giving or withholding consent to a transaction in agricultural land by any body established by law for the control of such transactions

15. Kenya’s First Constitution and Customary (Tribal) Law • Exemption of Constitutional Law to Customary Law • Most women only abided by customary law, primarily in rural areas • Amongst 42 indigenous groups, there are variations of customary laws, even at the clan and family levels • Patriarchal • Principal decision-making power given to men • Men inherit and control land and property • Married women do not inherit from their parents • Unmarried women inherit less from their parents than their brothers • Enforced by traditional leaders and local authorities • May also be applied in formal courts by judges and magistrates • Judicature Act

16. Kenya and Current Political Representation Twenty-two out of 222 seats have been filled by women in the Kenyan Parliament. Only 16 women were elected and six women have been nominated.

17. Kenyan Political Representation and New Constitution The newly ratified Kenyan Constitution requires that at least 1/3 of all elected bodies should be represented by women. That is at least 74 out of 222 seats in Parliament.

18. Kenya and Education Statistics PRIMARY EDUCATION Gross Enrollment Rate (GER) slightly higher for boys than girls during all years. Net Enrollment Rate (NER) is higher for girls than boys. SECONDARY EDUCATION GER for boys is slightly higher than girls for both years. NER is equal for both boys and girls. *Shows significant number of girls drop out after obtaining primary education.

19. Kenya and University Education More men than women are enrolled in public universities, while the opposite is true for private universities.

20. United States Education

21. United States Education

22. United States Political Representation Women hold 90 out of a total of 535 seats in the 112th United States Congress. Women represent 17 seats out of 100 in the Senate and 73 out of 435 seats in the House of Representatives.

23. Kenya’s Growth Rate • 2010: 5.6% • 2011: 4.3% • 2012: Estimated to reach 5.0%

24. Another Example in Africa: Rwanda • 2003: Ratified new constitution which required that 30 percent of parliament members be women • Today 56 percent of Rwanda’s members of parliament are women • Economy is steadily growing and is expected to continue with the growing labor force.

25. United States Generally, women have surpassed men in obtaining education during the past three decades, but on average, less-educated women earn lower wages than less-educated men. – 2011 GAO Report

26. U.S. Statistics • Despite numerous Supreme Court rulings and legislation, why does data show we are still not equal? • The number of women went from holding 37 percent of all jobs to nearly 48 percent during the past 40 years. • Women accounted for nearly ¼ of the U.S. GDP in 2011 • A Goldman Sachs study shows that a reduction in barriers to female labor force participation would increase America’s GDP by 9 percent, the Eurozone’s GDP by 13 percent, and Japan’s GDP by 16 percent.” • Center for American Progress • In 2008, women earned 77 cents per dollar earned by men

27. Is the U.S. economy stagnating?

28. Conclusion • When public policy creates barriers to women from entering or fully participating in markets, economic growth and private sector development will be constrained with… • Less investment • Less competition • Lower productivity • Multiple studies have shown that women invest firstly in their families and communities • Women are better at saving money than men and if they do spend it, they invest in their families and communities • The ripple effect • Women are the majority of the educated population in the United States. With our economy becoming increasingly knowledge-based, we must ensure that we can fully capitalize our educated population by ensuring there are no barriers through our constitution.

29. Questions?