C E D A W

CONVENTION ON THE ELIMINATION OF

ALL FORMS OF DISCRIMINATION AGAINST WOMEN

History of CEDAW Convention

Equality of rights for women is a basic principle of the United Nations.

The Preamble to the Charter of the UN sets as one of the Organization's central goals the reaffirmation of

"faith in fundamental human rights, in the dignity and worth of the human person, in

the equal rights of men and women".

Charter of the U N, Article 1.3 proclaims “To achieve international co-operation in solving

international problems of an economic, social, cultural, or humanitarian character,

and in promoting and encouraging respect for human rights and for fundamental freedoms for all

without distinction as to race, sex, language, or religion;

The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the U N Conference on International Organization, and came into force on 24 October 1945.

By the terms of the Charter, the first international instrument to refer specifically to human rights and to the equal rights of men and women, all members of the U N are legally bound to strive towards the full realization of all human rights and fundamental freedoms.

The status of human rights, including the goal of equality between women and men, is thereby elevated: a matter of ethics becomes a contractual obligation of all Governments and of the UN.

The International Bill of Human Rights strengthens and extends this emphasis on the human rights of women. The Universal Declaration of Human Rights proclaims the entitlement of everyone to equality before the law and to the enjoyment of human rights and fundamental freedoms without distinction of any kind and proceeds to include sex among the grounds of such impermissible distinction.

The International Bill of Human Rights is an informal name given to one General Assembly resolution and two international treaties established by the United Nations. It consists of the Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil and Political Rights (1966) with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (1966).The two covenants entered into force in 1976, after a sufficient number of countries had ratified them

The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, both of 1966, which translate the principles of the Declaration into legally binding form, clearly state that the rights set forth are applicable to all persons without distinction of any kind and, again, put forth sex as such a ground of impermissible distinction.

In addition, each Covenant specifically binds acceding or ratifying States to undertake to ensure that women and men have equal right to the enjoyment of all the rights they establish.

However, the fact of women's humanity proved insufficient to guarantee them the enjoyment of their internationally agreed rights. Since its establishment, the Commission on the Status of Women (CSW) has sought to define and elaborate the general guarantees of non-discrimination in these instruments from a gender perspective.

The work of CSW has resulted in a number of important declarations and conventions that protect and promote the human rights of women.

Inter-American Commission on Womenintroduced the Montevideo Convention early inthe century, the first international agreement to provide for thenationality rights of married women. Lobbying by women within the League of Nationspersuaded its leaders to recommendthe ratification of the Convention by all members.

The League also sought to stop the traffickingof women for the purposes of prostitution andin 1937 , at the recommendations of women’sorganizations, began an extensive study toassess the legal status of women andsuggest remedies to redress inequalities. But it was suspended by the Second World War.

 

Commission on the Status of Women (CSW): Early Drafts of the UN Charter did not include affirmation of equal rights for men and women.Women delegates and members of the 42 accredited organizations successfully argued for these articles at the 1945 founding conference in San Francisco.

By June 1946, the UN Commission on the Status of Women had been established within the ECOSOC.Its purpose was to identify women’s needs as they evolved in multiple issue areas, set goals to improve their status, and help with resources and strategies to achieve these and other goals.

 

Commission on the Status of Women (CSW):

CSW, a global policy-making body, is a functional commission of the U N Economic and Social Council (ECOSOC), dedicated exclusively to the promotion of gender equality and the advancement of women.

Every year, representatives of Member States gather at the U N Headquarters to evaluate progress on gender equality, identify challenges, set global standards and formulate concrete policies to promote gender equality and advancement of women worldwide.

Originally established in 1946 as a sub-commission of the Commission on Human Rights, but quickly granted the status of full commission as a result of the pressure exerted by women's activists, the mandate of the CSW included the preparation of recommendations relating to urgent problems requiring immediate attention in the field of women's rights with the object of implementing the principle that men and women should have equal rights, and the development of proposals to give effect to such recommendations.

Between 1949 and 1959, the Commission elaborated

- the Convention on the Political Rights of Women, adopted by the GA on 20 December 1952,

- the Convention on the Nationality of Married Women, adopted by the Assembly on 29 January 1957,

- the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages adopted on 7 November 1962,

- and the Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages adopted on 1 November 1965.

Each of these treaties protected and promoted the rights of women in areas in which the Commission considered such rights to be particularly vulnerable.

But it was believed that, except in those areas, women's rights were best protected and promoted by the general human rights treaties.

Although these instruments reflected the growing sophistication of the UN system with regard to the protection and promotion of women's human rights,

the approach they reflected was fragmentary, as they failed to deal with discrimination against women in a comprehensive way.

There was concern that the general human rights regime was not, in fact, working as well as it might to protect and promote the rights of women. Thus, the G A, on 5 December 1963, adopted its resolution 1921 (XVIII), in which it requested the ECOSOC to invite the CSW to prepare a draft declaration that would combine in a single instrument international standards articulating the equal rights of men and women.

Drafting of the declaration, by a committee selected from within the CSW, began in 1965, with the Declaration on the Elimination of Discrimination against Women ultimately being adopted by the GA on 7 November 1967.

In 1972, five years after the adoption of the Declaration and four years after the introduction of a voluntary reporting system on the implementation of the Declaration by the ECOSOC, the CSW considered the possibility of preparing a binding treaty that would give normative force to the provisions of the Declaration and decided to request the Secretary-General to call upon UN Member States to transmit their views on such a proposal.

In 1973, a working group was appointed to consider the elaboration of such a convention. In 1974, at its twenty-fifth session and in the light of the report of this working group, the Commission decided, in principle, to prepare a single, comprehensive and internationally binding instrument to eliminate discrimination against women.

The text of the Convention on the Elimination of All Forms of Discrimination against Women was prepared by working groups within the Commission during 1976 and extensive deliberations by a working group of the Third Committee of the General Assembly from 1977 to 1979.

World Conference of the International Women's Year held in Mexico City in 1975, which called for a convention on the elimination of discrimination against women, with effective procedures for its implementation.

The G A urged the Commission on the Status of Women to finish its work by 1976, so that the Convention would be completed in time for the 1980 Copenhagen conference (World Conference on the United Nations Decade for Women: Equality, Development and Peace).

The Convention on the Elimination of All Forms of Discrimination against Women was adopted by the General Assembly in 1979 by votes of 130 to none, with 10 abstentions.

At the special ceremony that took place at the Copenhagen Conference on 17 July 1980, 64 States signed the Convention and two States submitted their instruments of ratification.

On 3 September 1981, 30 days after the twentieth member State had ratified it, the Convention entered into force - faster than any previous human rights convention had done - thus bringing to a climax United Nations efforts to codify comprehensively international legal standards for women.

Not all UN decisions carry the same weight.

Their importance varies depending on what kind of document they appear in, and which body has issued them.

A legally binding treaty has to be taken more seriously.

A General Assembly resolution carries more weight than an ECOSOC commission.

TREATIES : All instruments that are legally binding under international law.

Conventions: The broad use of the term “convention” is synonymous with the broad use of the term “treaty” – it can cover all legally binding international agreements.

Resolutions: This is the formal decision used by UN organs, such as the G A, to express an agreement or conclusion. Resolutions include a preamble, which sets forth the basis on which action should be taken, and a series of operative paragraphs that spell out actions or directives.

Agreements: All consensus decisions made by Member States, whether or not they are legally binding.

Decisions: This denotes formal action that is not a resolution and that usually deals with organizational matters such as elections, appointments or the place of meetings.

C E D A W

CONVENTION ON THE ELIMINATION OF

ALL FORMS OF DISCRIMINATION AGAINST WOMEN

WOMEN’S

EMPOWERMENT, EQUALITY, ECONOMIC DEVELOPMENT,

EDUCATION, ENDING VIOLENCE, EMPLOYMENT

CEDAW is a landmark international agreement that affirms principles of fundamental human rights and equality for women around the world.

CEDAW is a practical blueprint for each country to achieve progress for women and girls,promote basic rights and to open opportunities for women and girls in all areas of society.

(CEDAW), adopted in 1979 by the UN General Assembly, is often described as

AN INTERNATIONAL BILL OF RIGHTS FOR WOMEN. 

Consisting of a preamble and 30 articles, it defines what constitutes

discrimination against women and sets up an agenda for national action

to end such discrimination.

The Convention 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."

By accepting the Convention, States commit themselves to undertake a

series of measures to end discrimination against women in all

forms . . .

to incorporate the principle of equality of men and women in their legal system,

abolish all discriminatory laws and

adopt appropriate ones prohibiting discrimination against women;

to establish tribunals and other public institutions to ensure the effective protection of women against discrimination

to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises

The Convention provides the basis for realizing equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life – including the right to vote and to stand for election – as well as education, health and employment. 

States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.

The Convention is the only human rights treaty

which affirms the reproductive rights of women and

targets culture and tradition as influential forces

shaping gender roles and family relations. 

It affirms women's rights to acquire, change or retain their nationality and the nationality of their children.  States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women.

Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice.  They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.

The CEDAW agreement was adopted in 1979 by the U N General Assembly and entered into force in 1981. Almost all countries have ratified CEDAW - 187 out of 193 countries. Only six have not ratified including the United States, Sudan, Somalia, Iran, and two small Pacific Island nations (Palau and Tonga).

Committee on the Elimination of

Discrimination against Women

Membership

• A total of 104 Experts have served as members of the Committee since 1982.

• The officers of the Committee consist of a Chairperson, three Vice-Chairpersons and a Rapporteur. Office-bearers serve for two year terms and are eligible for re-election “provided that the principle of rotation is upheld”. TOTAL 23

Twenty-three experts of high moral standingand competence in the field covered by theConvention.

The Committee strongly encourages all States parties to submit reports in accordance with those guidelines.

Governments are bound to report to the

committee on how they are implementing the law – laws passed, laws repealed, budget allocation etc.

• Various government ministers e.g. – justice, education, social welfare come to report.

• Experts on the committee question them on the implementation of the convention.

• Governments are present to talk of how they are implementing, harmonizing laws etc.

Initial reports should be no more than 100 pages longand should deal specifically with every article of theConvention.

Periodic reports should be no more than 70 pages longand generally should focus on the period between theconsideration of the previous report and the currentreport, using the concluding comments on the previousreport as their starting point and highlightingnew developments.

The Committee recommends that States parties involve national non-governmental organizations in the preparation of their reports.

It requests that reports of States parties describe the situation of non-governmental organizations and women’s associations and their participation in the implementation of the Convention and the preparation of the report.

The Committee usually invites eight States parties to present their reports at each three-week session.

In making the selection, the Committee gives preference to reports that have been pending for the longest time, prioritizes initial reports and considers a balance of reports in terms of geographic and other factors.

In order to enhance the effectiveness of the consideration of reports of States parties and to continuously improve the quality of the constructive dialogue with reporting States, the Committee designates from among its members a country Rapporteur for the report(s) of each State party.

The country Rapporteur’s responsibilities pertain to the following three phases of the consideration of reports:

- the preparation of a draft list of issues and questions for the pre-session working group;

- consideration of the report(s) of the State party, in particular the identification of issues and priorities to be raised during the constructive dialogue;

- and the preparation of draft concluding comments. All experts participate in the three stages of the consideration of a report, while the country Rapporteur facilitates and coordinates the process.

PRE-SESSION WORKING GROUP

On the basis of drafts prepared by the country Rapporteurs concerned, a pre-session working group of the Committee, with the support of the secretariat, draws up short lists of issues and questions with regard to reports which the Committee will consider at upcoming sessions.

In general, each list contains no more than 30 clear and direct questions that focus on major areas of concern with regard to the implementation of the Convention by the State party concerned.

In order to provide the States parties with the lists of issues and questions well in advance, the pre-session working group meets for five days (in closed meetings) in advance of the session at which the reports will be considered.

The pre-session working group is normally composed of five members of the Committee

The lists of issues and questions are promptly sent to the States parties concerned, usually within one week after the pre-session working group concludes its work. States parties are invited to provide their responses within six weeks thereafter.

Governments are bound to report to the committee on how they are implementing the law – laws passed, laws repealed, budget allocation etc.

CONSTRUCTIVE DIALOGUE

The Committee intends its consideration of a report, in accordance with its mandate under article 18 of the Convention, to take the form of a constructive dialogue with representatives of the reporting State, the aim of this dialogue being to improve the situation pertaining to Convention rights in that State.

The Committee devotes two open meetings (of three hours each) to its consideration of initial reports. Representatives of the State party are invited to make introductory comments for a maximum of 30 minutes. A group of questions posed by experts is followed by the State party’s responses, followed by another group of questions and responses until all articles have been covered.

While the Committee does not yet have a formal follow-up procedure for its concluding comments, it routinely asks States parties about the steps taken to follow up on the concluding comments adopted following consideration of the State party’s previous report.

The Committee is of the view that it may sometimes be necessary to request exceptional reports from States parties.

Such exceptional reports would aim to obtain and examine the information on an actual or potential violation

The Committee discusses and finalizes the draft concluding comments in closed meetings. Concluding comments reflect the issues agreed by the Committee and do not reflect the views of the individual country Rapporteur.

Only issues and concerns raised during the constructive dialogue are included in the concluding comments.

The comments call for the integration of a gender perspective and reflection of the provisions of the Convention in efforts to achieve the Millennium Development Goals and request information thereon in the State party’s next periodic report.

They also note that the State party’s adherence to the major international human rights instruments enhances women’s enjoyment of their human rights in all spheres of life, and encourage the State to consider ratifying those to which they are not yet party.

PARTICIPATION OF NON-GOVERNMENTAL ORGANIZATIONS AND NATIONAL HUMAN

RIGHTS INSTITUTIONS IN THE ACTIVITIES OF THE COMMITTEE.

The Committee invites non-governmental organizations to follow its work. In order to ensure that it is as well informed as possible, the Committee invites representatives of national and international non-governmental organizations to provide country-specific information on States parties whose reports are before it.

NGO’s indicate the gaps, point to the inadequacies, say what has not been implemented.

NGO point to discriminations that exist, lack of funding, lack of services.

CEDAW experts take the reports of NGO’s very seriously.

The CEDAW Committee welcomes the country-specific NGOs shadow/alternative reports providing additional information on the implementation of the Convention in the country concerned.

NGOs can submit their shadow reports to the CEDAW Committee prior to or at the session.

In addition, NGOs can attend the review of their governments and make oral interventions as well as meet with Committee members to inform them about the most critical issues relating to women’s rights in their country. 

FUTURE SESSIONS

58 - July 2014Central African Republic, China, Finland, Georgia, Gabon, Guinea, India, Lithuania, Mauritania, Swaziland, Syrian Arab Republic

57 - February 2014 Bahrain, Cameroon, Iraq, Kazakhstan, Senegal, Sierra Leone and Qatar - in Geneva

56 - October 2013Andorra, Benin, Cambodia, Colombia, Republic of Moldova, Seychelles, Saint Vincent and the Grenadines and Tajikistan - in Geneva

55 - July 2013Afghanistan, Bosnia and Herzegovina, Cape Verde, Cuba, Democratic Republic of the Congo, Dominican Republic and United Kingdom. - in New York

54 - February 2013Angola, Austria, Cyprus, Greece, Hungary, Pakistan, Solomon Islands and The Former Yugoslav Republic of Macedonia in Geneva

CEDAW can make a difference for women and girls,

specifically to:- Reduce sex trafficking and domestic violence- Provide access to education and vocational training- Ensure the right to vote

- End forced marriage & child marriage and ensure inheritance rights- Help mothers and families by providing access to maternal health care - Ensure the right to work and own a business without discrimination

As such, I will do the following:

SIGN UP to get periodic updates about CEDAW

Educate my community, family, friends and colleagues about the importance of CEDAW.

Get more FACTS about CEDAW.

Urge my organization to sign-on as a supporter of CEDAW.

Educate my policy makers about the benefits of CEDAW.

Read CEDAW fact sheet for examples.

Support CEDAW grassroots activities in my country.

I pledge to stand with women and girls around the world in strongly supporting CEDAW until all countries recognize the equality and human rights of women and ratify this important treaty.