Societal Polarization and its Harmonization: A systematic review of same~sex marriages and Human Rights in Kenya
Abstract
Background: In the contemporary world, marriage and culture are intertwined. Traditional African marriage practices reflect a rich cultural diversity but may propagate inequalities against the existing human rights. In Kenya, the ongoing globalization and urbanization has bred a new culture: same-sex marriages, contrary to the common heterosexual unions. Consequently, the country faces societal polarization particularly regarding same-sex marriages and human rights.
Objective: This study analyses societal polarization in Kenya regarding same-sex marriages by examining the legal-social challenges and proposes harmonization strategies. Methodology: A systematic review from 1962 to present using PRISMA guidelines explored societal attitudes, legal implications and harmonization efforts. The Matrix Method (Table 1) facilitated thematic analysis, comparing 10 articles meeting the inclusive criteria out of 266 articles obtained from an electronic database search (Fig.1). The study was grounded on rational choice theory.
Research findings: Kenya's societal attitudes toward same-sex marriages vary due to cultural, religious and socio-economic factors. Out of the 10 articles selected, 2 were qualitative studies, 2 legal and socio-political analysis, 2 ethnographic studies, 1 socio-legal analysis, 1 exploratory academic study, 1 anthropological study and 1 empirical study. All the ten studies were carried out in Kenya with urban areas showing more progressive viewpoints compared to rural areas. Legal challenges including restrictive laws and media representation, and conservative culture propagate discrimination and hostility. The same-sex sexual minorities face discrimination exposing them to mental health issues, violence and persecution.
Conclusion and recommendations: The study findings highlight a dire need for comprehensive legal reforms. These must be aligned with human rights principles to enhance and fast track societal harmonization. In future research, the researcher proposes in-depth exploration of grassroots initiatives, inclusive education programs and the experiences of marginalized LGBTQ+ groups. Collaborative efforts involving government, civil society, religious institutions and the private sector are crucial for progress. This research informs policy decisions, advocacy and community-driven initiatives toward a more inclusive and tolerant Kenya.