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Global Perspectives on the Impact of the Convention on the Elimination of All Forms of Discrimination Against Women
on Legal Reform Efforts Regarding the Rights of Women
Presented by ABA Section of International Law -- International Human Rights Committee May 18, 2011 -- Washington D.C.
HOWEVER LONG THE NIGHT:
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+Welcome
The ABA Section of International Law’s International Human Rights Committee is concerned with matters involving the response to, and amelioration of, instances of assaults on human dignity through the oppression of civil and political rights, as well as the efforts to create and foster legal, business, and cultural systems and institutions that give meaningful protection to human rights.
“However long the night, the dawn will break.”
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+Program
IntroductionsPanelist Presentations
Moderator: Penny Wakefield
United States: Emily Martin
Latin America: Rosa Celorio
Ethiopia: Mahdere Paulos
Belize: Carolyn Reynolds
Audience QuestionsConcluding Remarks and Acknowledgements
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+Join The Conversation
During the program today, please e-mail your questions to [email protected] with the subject line “However Long The Night.”
Use the same address to submit follow-up questions to our panelists after the program and to learn more about how to get involved with the ABA-SIL IHRC or any of the groups mentioned today.
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+ United States: Emily Martin
Emily Martin is Vice-President and General Counsel at the National Women's Law Center which co-chairs the CEDAW Task Force Legal Committee in the United States.
Prior to joining the Center, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union, where she spearheaded litigation, policy, and public education initiatives to advance the rights of women and girls, while incorporating a human rights framework, with a particular emphasis on the needs of low-income women and women of color.
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+National Women’s Law Center
Founded in 1972 as a non-profit advocacy organization working to advance the progress of women, girls, and families with emphasis on employment, education, reproductive rights and health, and family issues.
At the forefront of the major legal and public policy initiatives in this country to improve the lives of women: educating state, local, and federal policy-makers as well as members of the public about critical women's issues; building and leading coalitions; litigating ground-breaking cases and informing landmark Supreme Court decisions.
NWLC seeks to forward human rights, ensuring that women's voices are heard. NWLC is a co-chair of the Leadership Conference Task Force on Civil and Human Rights.
Emily Martin: Vice-President and General Counsel
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+United States
The CEDAW agreement was adopted in 1979 by the United Nations General Assembly and entered into force in 1981.
Signed July 17,1980 but never ratified.
Consists of a preamble and 30 articles defining what constitutes discrimination against women.
Source: CEDAW Task Force of The Leadership Conference on Civil and Human Rights
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+United States
Almost all countries have ratified CEDAW - 186 out of 193 countries. Only seven have not ratified: Sudan, Somalia, Iran,
three small Pacific Island nations (Nauru, Palau and Tonga)—and the
United States.
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+CEDAW
CEDAW defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.”
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+How CEDAW Works
CEDAW is a practical blueprint for each country to achieve
progress for women and girls.
The treaty sets out guiding principles for ensuring basic human rights for women. All countries self-determine the
methods for implementation of the treaty.
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+CEDAW
States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:
incorporating the principle of equality of men and women in their legal system, abolishing all discriminatory laws and adopting appropriate ones prohibiting discrimination against women;
establishing tribunals and other public institutions to ensure the effective protection of women against discrimination; and
ensuring elimination of all acts of discrimination against women by persons, organizations or enterprises.
Source: U.N. Division of for the Advancement of Women, Dep’t of Economic and Social Affairs
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+CEDAW’s Impact
Around the world, CEDAW has been used to:
reduce sex trafficking and domestic abuse;
provide access to education and vocational training;
ensure the right to vote;
improve maternal health care;
ensure the ability to work and own a business without discrimination;
end forced marriage and child marriage; and
ensure inheritance rights.
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+Monitoring Mechanism
http://www.un.org/womenwatch/daw/cedaw/cedaw.htm
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+The CEDAW Committee
Ratifying countries make periodic reports on the status of women in that country, which are then reviewed by the CEDAW Committee.
The CEDAW Committee does not have binding authority over any ratifying country, but rather makes recommendations and suggests best practices. It is up to each country’s policymakers and advocates to work together to determine how best to end discrimination against women.
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+ Steps to U.S. Ratification of CEDAW
State Department President
Senate
• Confirmed treaty aligns with current law and foreign policy.• Prepared treaty for presidential and Senate review.
• U.S. signed treaty, 1980 • Treaty package sent to Senate, 1994
• Voted favorably out of Senate Foreign Relations Committee with bipartisan support in 1994 and 2002. • Full Senate has never held a vote on the treaty. • Ratification requires 2/3 vote.
Status: pending…
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+When the U.S. ratifies CEDAW…
U.S. will submit a report to the CEDAW Committee on how they are implementing the treaty one year after ratification, then every four years thereafter.
U.S. can nominate an expert to serve on the CEDAW Committee.
U.S. can engage in dialogue with members of the CEDAW Committee to share experiences and best practices .
U.S. will strengthen its role as a global leader standing up for women and girls.
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+Latin America: Rosa Celorio
Rosa Celorio is a Human Rights Specialist for the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS), where she coordinates the planning, organization and execution of the legal work and initiatives of the Special Rapporteurship on the Rights of Women.
Previously, she worked as a Program Specialist for the Latin America and Caribbean Section of the United Nations Development Fund for Women where she managed complex projects in the area of human rights covering the thematic areas of violence, discrimination, governance, and HIV/AIDS.
Ms. Celorio also teaches at the George Washington University Law School in Washington D.C.
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+Inter-American Commission on Human Rights
The IACHR is one of two bodies in the Inter-American system for the promotion and protection of human rights. The Commission has its headquarters in Washington, D.C.
The other human rights body is the Inter-American Court of Human Rights, which is located in San José, Costa Rica.
The IACHR is an autonomous organ of the OAS. Its mandate is found in the OAS Charter and the American Convention on Human Rights.
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+Ethiopia: Mahdere Paulos
Mahdere Paulos completed her law degree at Addis Ababa University in Ethiopia and served as a judge to the High Court in Addis Ababa.
Former Executive Director of the Ethiopian Women Lawyers Association (EWLA), a pioneer organization, which was founded by women lawyers with a mission of promoting the economic, political, social and legal rights of women.
Under the leadership of Ms. Paulos, EWLA’s international human rights work on behalf of Ethiopian women was profiled in the best-selling book “Half the Sky: Turning Oppression into Opportunity for Women Worldwide.”
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+Ethiopia: Mahdere Paulos
EWLA been working since 1995 to raise awareness of women's legal rights in Ethiopia.
EWLA aims to influence the drawing up of laws, ensuring that gender is taken into account, and to put in place practical measures to help economically poor women access legal services.
The organization hopes to put women's rights on the government agenda, with the ultimate goal of eliminating all forms of legally and traditionally sanctioned discrimination against women.
Mahdere Paulos: Former Executive Director EWLA
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+Belize: Carolyn Reynolds
Carolyn Reynolds is the Executive Director of the Women’s Issues Network of Belize (WIN-Belize) which is network of organizations with a special interest in women’s issues and a commitment to the improvement of social and economic opportunities for women and their families in Belize.
WIN-Belize’s first shadow report to the CEDAW committee was developed and written under Ms. Reynolds’ leadership and she presented it to the CEDAW committee members at the United Nations in July of 2007.
Ms. Reynolds is also a Commissioner on Belize’s National Women’s Commission and serves on the board of Haven House, a shelter for domestic violence victims.
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+Women’s Issue Network of Belize
Founded in 1993, WIN-Belize is a network of organizations with a special interest in women’s issues and a commitment to the improvement of social and economic opportunities for women and their families in Belize.
As a network, WIN-Belize's purpose is to provide leadership by empowering and strengthening its member agencies. It develops linkages among organizations to promote the development of women.
WIN-Belize facilitates the sharing of knowledge, skills and resources and advocates for improving the quality of life of women and their families in Belize.
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Staff of WIN-Belize.
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+Additional Resources
Presentation of Emily Martin Text of the Convention:
http://www.un.org/womenwatch/daw/cedaw/cedaw.htm
National Women’s Law Center, CEDAW background materials: http://www.nwlc.org/our-issues/a-women%27s-agenda/treaty-on-the-rights-of-women
CEDAW Task Force of The Leadership Conference on Civil and Human Rights: http://www.cedaw2011.org
International Center for Research on Women report on CEDAW’s impact internationally: http://www.icrw.org/publications/recognizing-rights-promoting-progress
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+Additional Resources
Presentation of Rosa Celorio Jessica Gonzalez v. United States
http://www.aclu.org/human-rights-womens-rights/jessica-gonzales-v-usa
IACHR Admissibility Report http://www.cidh.oas.org/annualrep/2007eng/USA1490.05eng.htm
IACHR Merit’s Report in case of Maria Eugenia Morales de Sierra v. Guatemala
http://www.cidh.oas.org/women/Guatemala11.625eng.htm
Decision of the Inter-American Court in Claudette Ivette Gonzales et al (Cotton Field) v. Mexico
Available from IHRC by e-mailing [email protected].
Access to Maternal Health Services from a Human Rights Perspective
http://www.cidh.oas.org/Comunicados/English/2010/74-10eng.htm
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+Additional ResourcesPresentation of Mahdere Paulos
For a copy of the EWLA Shadow Report, e-mail [email protected].
Presentation of Carolyn Reynolds Decision of Supreme Court of Belize in Maria Rochas v. Clement Wade
http://www.belizelaw.org/supreme_court/judgements/2004/sc/civil/132_of_2004.pdf
WIN-Belize’s CEDAW Shadow Report
http://www.winbelize.org/press-room/publications?limitstart=5.
Belize’s National Gender Policy
http://webapps01.un.org/vawdatabase/uploads/National%20Gender%20Policy%202002.pdf. (Currently being revised.)
To learn more about the work of WIN-Belize, visit http://www.winbelize.org/
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+Getting Involved
Join ABA SIL International Human Rights Committee Co-Chairs: Ani Ajemian, Robert Joseph Gaudet Jr.
Committees
Policy
CLEs, Teleconferences and Programs
Publications, Communications
Fact-Finding Missions
For more information, contact Rebecca Farrar and Heather Hodges at [email protected].
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+International Models Project on Women’s Rights (IMPOWR)
Established by the American Bar Association Section of International Law in 2008.
Initiative to harness the information sharing power of the internet to empower advocates and defenders of gender equality under the law around the world.
The project is focused on the establishment of a global, collaborative, online database of information on gender-equality laws, law reform efforts and law enforcement strategies.
The website and database will be formally launched later in 2011.
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+International Models Project on Women’s Rights (IMPOWR)
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+International Models Project on Women’s Rights (IMPOWR)
How can you get involved today? Contribute information to database about
projects, initiatives and best practices on gender equality law reform.
Identify subject matter and local experts. Write articles and organize programs.
Register on-line at www.impowr.org/volunteer.
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For more information about IMPOWR contact:Christina Heid
International Projects Director
ABA Section of International Law
+1-202-662-1034
www.impowr.org
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+Thanks
Program Host: Crowell & Moring LLP
District of Columbia Women’s Bar Association
TransAfrica Forum
The American University Center for Human Rights and Humanitarian Law
Amnesty International USA
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+Thanks
ABA Section of Individual Rights and Responsibilities: International Human Rights Committee and Women's Rights Committee
ABA SIL Africa Committee
ABA SIL NGO and Not-for-Profit Organizations Committee
ABA SIL Women's Issues Network (WIN)
ABA IMPOWR (International Models Project on Women's Rights)
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