Universal Declaration of Human Rights and the Kenyan Constitution (Essay Sample)

Universal Declaration of Human Rights and the Kenyan Constitution
Student’s Name
Institutional Affiliation
Date
The universal human rights and the Kenyan constitution (2010)
Human rights are fundamental elements that have to be taken care of, and each nation has laid out guiding principles that are followed to see everything work. Thus right to marry is a universal declaration that is adopted by other nations including Kenya. Article 16 of the UDHR set forth states that, Men and women must have the right to marry whomever they choose and no one should be forced to marry someone against his or her will. Men and women are entitled to equal rights before marriage, during marriage and if the marriage ends (O’Loughlin, 2017).
The Contracting States, desiring within the conformity with the United Nations’ Charter, to encourage worldwide respect for, as well as observance of human rights plus fundamental freedoms for all, without discrimination as to race, religion, sex and language. Therefore, in recalling article 16 of the Universal Declaration of Human Rights states that:
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses,
Recalling more on General Assembly of the United Nations which declared, by resolution 843 (IX) of 17 December 1954, that some customs, ancient laws plus practices that relates to marriage and the family unit were inconsistent with t principles that are set forth in the Charter of the United Nations as well as in the Universal Declaration of Human Rights (Smith, 2018).
Reaffirming that all nations, including people that assume responsibility for the management of Non-Self-Governing along with Trust Territories until their independence achievement, should take all suitable measures with an outlook in abolishing such ancient laws, customs and practices by ensuring, inter alia, complete freedom in the choice of a spouse, removing completely child marriages as well as the betrothal of young girls before reaching puberty age, establishing appropriate penalties where essential and establishing a civil plus other register in which all marriages shall be recorded.
While Kenya's constitution bill of rights chapter 4:25 family states that no marriage will be legally entered into with no full as well as free consent of both parties, and such form of consent to be expressed by the two parties in person after due publicity and in the presence of the authority competent to solemnize the marriage and of witnesses, as prescribed by law. Additionally, it shall not be essential for one party to be present when the competent authority is satisfied that the circumstances are exceptional and that the party has, before a competent authority and in such manner as may be prescribed by law, expressed and not withdrawn consent.
States Parties to the current Convention will take governmental action to specify a minimum marriage age. No marriage will be lawfully entered into by any individual under this age, apart from where an experienced authority has granted a privilege as to age, for sober individuals, at the interest of the intended spouses. Also, all marriages will be registered in a suitable official register by a knowledgeable authority.
The present Convention shall, until 31 December 1963, be open for signature on behalf of all States Members of the United Nations or members of any of the specialized agencies, and of any other State invited by the General Assembly of the United Nations to become a Party to the Convention. The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
The present Convention will be open for accession to all States referred to in article 4, paragraph 1. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. The present Convention shall come into force on the ninetieth day following the date of deposit of the eighth instrument of ratification or accession. For each State ratifying or acceding to the Convention after the deposit of the eighth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.
Any Contracting State may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. The present Convention shall cease to be in force as from the date when the denunciation which reduces the number of Parties to less than eight becomes effective.
Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of the present Convention which is not set...