The Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW) and Shadow Reporting

Northern Ireland Council for Ethnic Minorities (NICEM)

June 2007

Outline of Day General introductions

Introduction to CEDAW

Doing a Shadow Report

The UK and CEDAW

Introduction to the UK’s Sixth Report to CEDAW

Break into groups or discuss together

Report back and discuss how to go forward

What are human rights?

The Oxford English Dictionary definition, 1998

1. That which is morally correct, just or honourable

2. A moral or legal entitlement to have or obtain something or to act in a certain way

What are Human Rights? Rights are about how the State should treat its citizens and

what the citizen can expect from the State

The expression of ‘human rights’ is relatively new and only came into everyday use after World War II and the establishment of the United Nations (UN)

Protection against racism and discrimination is a central feature in all human rights instruments

The Universal Declaration was adopted in 1948

It is inspirational – inspired over 50 constitutions worldwide

What are Human Rights? International Convention on the Elimination of All Forms of Racial

Discrimination (ICERD), 1965

International Covenant on Civil and Political Rights (ICCPR), 1966

International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966

UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979

United Nations Convention Against Torture (UNCAT), 1984

UN Convention on the Rights of the Child (UNCRC), 1989

UN Convention on Migrant Workers and their Families, 1990

Introduction to CEDAW Failure of human rights instruments to protect women

The UN General Assembly adopted CEDAW in 1979

CEDAW establishes women’s right to non-discrimination on the basis of gender and affirms equality in international law

Commonly referred to as the ‘Women’s Convention’, CEDAW incorporates human rights standards in fundamental areas of life to be realised progressively by states

States Parties progress under CEDAW is monitored by a Committee through periodic reports every four years

Article 1 - Discrimination Article 1 – “discrimination against women" shall mean 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

Article 2 – Eliminate Discrimination Article 2 – Countries have to take measures to eliminate

discrimination

Constitution or anti-discrimination law to make sure that women are treated equally

Sanctions prohibiting discrimination against women

Fines for people and bodies/organisations who discriminate against women Withdrawal of funding for programmes

Ensure that government agencies and other state actors do not discriminate against women

Section 75 in the Northern Ireland Act 1998 Equality proofing

Article 3 – Policy Measures Article 3 – Policy Measures

The Government and its agencies are supposed to take policy measures to ensure that women enjoy their human rights on the same basis as men

National policy strategies

National promotional campaigns

Funding for women’s groups and special programmes

Article 4 – Temporary Measures/Positive Discrimination

Article 4 – Temporary Measures/Positive Discrimination

The Government is supposed to introduce ‘temporary measures’ to accelerate equality between men and women

50/50 in the Northern Ireland Police Service

Quota to increase women’s representation in politics – the British Labour Party

Special quotas in the public sector in increase women at management levels

Special scholarships for women for university to train as doctors, lawyers etc.

Article 5 – Sex Role Stereotyping and Prejudice

Discrimination against women is due to stereotypical ideas – women in the home as mothers and men out in the world working

Governments are supposed to take measures to modify the social and cultural matters of men and women to eliminate sexist views

Family education includes a proper understanding of maternity as a social function

Family education should include recognition that both men and women are responsible for their development of their children

Article 6 – Trafficking and Prostitution

The Government shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women

There is a big issue with minority ethnic women being trafficked into the UK and Ireland for prostitution

Article 7 - Political and Public Life

Women can vote in elections and go for election

Participate in the formulation of government policy – consultation and representation

Participation in NGOs and associations involved in public and political life

Typically minority ethnic women are excluded or face barriers to participation

Article 8 – Representation

Women should be able to represent their governments at an international level

Women should be able to participate in international organisations

Article 9 – Nationality

Women should have equal rights to acquire, change or retain their nationality

Change of nationality of a husband should not automatically affect women

In some countries, women loose their nationality because of their husband or cannot change their nationality

Equal rights to nationality of women’s children In some countries, children born to women cannot obtain her nationality, they

take their fathers

Article 10 –Education Same access to education as men for both rural and urban women

Career guidance

Pre-school education

General education

Technical education

Professional and higher level education

Access to the same curriculum and teaching staff

Access to same examinations

Education grants and scholarships

Elimination of stereotyping in schools

Access to information on health and well-being, including family planning

Article 11 – Employment Rights Women have the same right to employment

Women have the same rights to promotion, job security, benefits, advanced vocational training

Women have the right to social security, particularly in cases of retirement, sickness etc.

Women have the right to be protected against unsafe working conditions

Article 11 – Employment Rights Maternity rights

Government must protect women so they do not loose their jobs

Promote social services to enable families to combine their work responsibilities and participation in public life

Childcare

Article 12 – Healthcare Eliminate discrimination in healthcare, including those related to

family planning

Provide supports for women having children, maternity leave, free services where necessary

Article 13 – Financial Matters Women have equal right to family benefits

Bank loans, mortgages etc.

Participate in recreational activities

Article 14 Allow women to participate in rural development through planning

Access to healthcare, including counselling and family planning

All types of training, including literacy and community services

Organise self help groups and community activities

Adequate living conditions

Doing a Shadow Report When Government’s signs and ratifies the Convention, they trigger

a monitoring process

The CEDAW Committee is based in New York – experts in women’s rights

It examines each country every four years

The Government submits a report on how it is progressing under the Convention

How do women’s groups use CEDAW?

The CEDAW Committee works on the principle of ‘constructive dialogue’. It is not a court, it tries to discuss issues with the Government

It is up to us to make government’s embrace rights and make them accountable

Most women’s groups use CEDAW as a political tool

By doing Shadow Reports, women’s groups can highlight where the Government is failing to meet its duties

Creates awareness of the Government’s duties generally

You can translate CEDAW’s articles into policy and law

Doing a Shadow Report Government’s never tell the truth

It is up to NGOs to inform the CEDAW Committee on the Government’s failings

When NGOs write a Shadow Report – it is a critique of the Government’s report

The CEDAW Committee relies on all this information

CEDAW There is a special hearing in

New York – NGOs get a special session and the Government have a session where they are asked questions

CEDAW then writes recommendations within two weeks and issues them to the Government

Doing a Shadow Report Understand the CEDAW rights

Look at what the CEDAW Committee said about the UK last time round

Apply them to your local situation

Look for gaps in protection i.e. where are service providers noting meeting your needs? Is the law failing to protect you from discrimination?

Gather case histories and stories – turn these into facts

Accurate information, statistics and newspaper reports

How do NGOs use CEDAW? In 2002, Casa Amiga and Equality Now submitted a request to the CEDAW to

investigate the abduction, rape and murder of women in and around Ciudad Jurez

CEDAW subsequently received communications from the Mexican Government and visited Mexico

CEDAW acknowledged that there were grave systematic abuses of women’s rights for over ten years

They mention that the same treatment is spreading in Mexico

Recommendations concerning the investigation of the crimes and punishment of the perpetrators

Preventing violence and guaranteeing the security and human rights of women

The UK and CEDAW The signed CEDAW in 1981 and ratified it in 1986

The CEDAW Committee considered the UK’s third and fourth report in 1999

The Government submitted its fifth report in 2003

It submitted its sixth report to the CEDAW Committee in May 2007

What did the Committee say about the UK? From the last examination in 1999

286. Women in Northern Ireland had played a very active role in the peace process and 14 women had been elected to the new Northern Ireland Assembly, which had a total of 108 seats. Transferred responsibilities included responsibility for equality legislation, including sex discrimination and equal pay legislation, for women’s issues generally, and for the administration of the new Equality Commission. The representative stressed the commitment to a continuing and effective process on women’s issues in Northern Ireland.

Devolution – the CEDAW Committee was concerned that with different regimes in place, the protection of women’s human rights will be uneven.

What did the Committee say about the UK? The Committee recommended that there be a national unified

strategy to implement all provisions of the Convention “so that all women in the entire territory of the State party can benefit equally”

The Committee was concerned that the definition of discrimination in the Convention – which includes indirect discrimination is not part of the law

What did the Committee say about the UK? The Committee was concerned at the low number of women in

public and political life, the judiciary and higher education

The Committee recommended to the Government that it strategies be adopted to encourage women to seek public office, government appointments etc.

What did the Committee say about the UK? The Committee was concerned about the overall lack of information

provided by the Government about women

“The Committee expresses concern at the disadvantaged situation of women belonging to ethnic minorities, notwithstanding the existence of legislative protection against discrimination on the basis of race and ethnicity”.

What did the Committee say about the UK? The Committee recommends that steps be taken to ensure

the elimination of direct or indirect discrimination against ethnic minority women, including through:

Positive action in recruitment

Awareness campaigns

Targeted training, education, employment and health-care strategies

What did the Committee say about the UK?

The Committee expressed concern at the high level of teenage pregnancy and transmission of sexually transmitted diseases

The Committee noted with concern that the Abortion Act 1967 does not extend to Northern Ireland where, with limited exceptions, abortion continues to be illegal

What did the Committee say about the UK?

The Committee recommended – sexual health programmes and measures

The Committee recommends that the Government initiate a process of public consultation in Northern Ireland on the reform of abortion law

What did the Committee say about the UK?

Nothing about violence against women in national strategies on women

The Committee noted the high number of minority ethnic women in prisoners and high level of imprisonment for minor offences

Particularly in Northern Ireland, the Committee was concerned about female prisoners being held in inadequate educational and rehabilitative facilities

Government Report on Minority Ethnic Women

Ethnic Minority Task Force – improve employment and overall achievement of minority ethnic women

Did this Task Force do anything in Northern Ireland? Was it effective? Are minority ethnic women in Northern Ireland still

underemployed etc.?

Government Report on Minority Ethnic Women

Parents Outreach for Ethnic Minorities – designed to help women overcome language difficulties, provide skills training and access to childcare

The programme was supposed to target Pakistani and Bangladeshi women Did this programme happen in any Northern Ireland cities?

Government Report on Minority Ethnic Women

Deprived Areas Fund – funding for Action Teams, Ethnic Minority Outreach and Working Neighbourhoods Pilots

Did Northern Ireland benefit from this programme?

Government Report on Minority Ethnic Women

Invest Save Budge Pilots – programmes aimed at helping ethnic minority women find work

Did Northern Ireland benefit from this programme?

Government Report on Minority Ethnic Women Civic participation programmes – special programmes for

minority ethnic groups to increase representation

Did any of these programmes happen in Northern Ireland? What is representation of minority ethnic women like in

different areas of public life?

Government Report on Minority Ethnic Women

Special programmes aimed at strengthening the role of

Muslim women within communities

Have any been launched in Northern Ireland? What impact have they had?

Government Report on Minority Ethnic Women

Government talks about its different trafficking measures to protect women and children

Have the happened in Northern Ireland? Have they been effective? Is trafficking and prostitution a serious problem in Northern

Ireland?

Government Report on Minority Ethnic Women

The Government report lists a range of “wonderful” measures in education

Pre-school education Increasing numbers of women at all levels of education, both

teaching and participating Provides for education of school age mothers

Are these happening in Northern Ireland? What are the barriers to education? What is minority ethnic women’s participation like in

education?

Government Report on Minority Ethnic Women

Peace Funding for women’s groups

Did ethnic minority women get this funding? What has happened since it has run out

Other issues

Reproductive health services Abortion Social welfare and pensions Targeting women’s projects Rural networks and projects Violence against women measures

What else should be here?

Next Steps

Look at the Convention – are there any gaps

Look at the Government’s report – does it tell the truth

What in particular does the CEDAW Committee need to know about minority ethnic women in Northern Ireland

Gather stories, accurate statistics and evidence

Put them in a Shadow Report

Next Steps

Make sure that other Shadow Reports include the same information – minority ethnic women will be competing with other groups of women for a voice

The CEDAW Committee are particularly interested to hear from the women themselves

Your voice is central