CEDAW Convention and Women’s Human
Rights
CEDAW Member countries
Why women’s human rights Of the world's 1.3 billion poor people, it is estimated that nearly 70
per cent are women.
Between 75 and 80 per cent of the world's 27 million refugees are women and children.
Only 28 women have been elected heads of state or government in this century.
Of the world's nearly one billion illiterate adults, two-thirds are women.
2/3 of the 130 million children worldwide who are not in school are girls
The majority of women earn about 3/4 of the pay of males for the same work
In most countries, women work approximately twice the unpaid time men do.
The value of women's unpaid housework and community work is estimated to be worth $11 trillion
Convention on the Elimination of All Forms of Discrimination
against Women Came into force in 1981 / Approved by 185 states Internationally accepted principles and measures to achieve equal
rights for women everywhere
Optional Protocol Came into force in 2000 / Approved by 90 states Third-party complaints of state violations Independent investigations of grave or systematic violations
Committee on the Elimination of Discrimination against Women
23 experts charged with oversight of compliance by member states Sessions twice annually to consider progress reports by member states States file reports once every 4 years Authority to investigate violations and make recommendations
Overview CEDAW Convention
Characteristic of the CEDAW Convention
A multilateral human rights treaty aimed at establishing substantive equality of women with men removing all forms of discrimination against women
CEDAW is the only treaty covering all categories of human rights The Convention defines what constitutes discrimination against
women The constituents of CEDAW consist of the provision of 16 substantive
articles, General Recommendations, and Concluding Comments made by the Committee during the review process of the report
Being an International Human Rights Treaty, CEDAW has a force of law,
State obligations – Substantive Equality
7
Upon ratification the State Party voluntarily accepts a range of legally binding obligations to eliminate discrimination against women.
The State party agrees to pursue International Human Rights Standards as the principal normative points of reference.
The State is obligated to act to remove discrimination against women by the State itself, organizations or private individuals.
The State Party must take the appropriate measures to eliminate discrimination against women “without delay”
The State is to impose sanction on perpetrators. Mandatory on the state Party to report as per schedule to the
CEDAW Committee on compliance of the Convention. Reservations: 60 states continue to have reservations to the
Convention
State responsibility
Women have the right to equality before the law.
Laws which discriminate against women must be abolished or reformed. Laws must be established to prevent discrimination against women.
Women have the right to participate fully in public and political life.
Women have equal rights with men regarding nationality, and the nationality of their children.
Women have the right to equal access to all levels of education.
CEDAW
Women have the right to have equal access to work, to choice of profession, job security and benefits, vocational training, social security and paid leave, and equal pay for work of equal value.
Women have the right to equal access to health care services, including family planning.
Women have full economic rights, including access to family benefits, bank loans, mortgages and other forms of credit.
Women have the right to make decisions about marriage, divorce, parental rights and responsibilities, the number and spacing of children, guardianship and adoption, and property ownership
CEDAW
Articles 23-30: Administration,
Interpretation
Articles 1-5: Non-Discrimination and State Obligations
Articles 6-16: Specific Substantive
Areas - 6 Trafficking and Prostitution7 Political and Public Life8 Participation 9 Nationality10 Education11 Employment12 Health13 Economic and Social Benefits14 Rural Women15 Equality Before the Law16 Marriage and Family Life
Articles 17-23:Committee and
Procedures
Structure of the CEDAW
Core principles: Substantive Equality and
non-discriminarion What does it mean to be equal?
Equality of opportunity through law, policy, programmes and institutional arrangements
Equality of access by eliminating all obstacles that prevent access to the opportunities & taking positive steps to ensure goal of equality is achieved
A FEW EXAMPLES:
Educational opportunities – e.g., Bangladesh used CEDAW to help attain gender parity in primary school enrollment and has as a goal for 2015, to eliminate all gender disparities in secondary education.
Violence against women and girls – e.g., Mexico responded to a destabilizing epidemic of violence against women by using CEDAW terms in a General Law on Women’s Access to a Life Free from Violence. By 2009, all 32 Mexican states had adopted the measure.
Marriage and family relations – e.g., Kenya has used CEDAW to address differences in inheritance rights, eliminating discrimination against widows and daughters of the deceased.
Political participation – e.g., Kuwait’s Parliament voted to extend voting rights to women in 2005 following a recommendation by the CEDAW Committee to eliminate discriminatory provisions in its electoral law.
Established in the text of the Convention Monitoring only – has no enforcement powers 23 independent experts from various regions Nominated by their respective governments,
elected by member States (for 4 years terms), but serve in their personal capacity
Committee meets 2-3 times a year in Geneva/New York
Functions: Issues General Recommendations Monitors States parties’ compliance with the terms of
CEDAW / implementation of CEDAW (primarily through reporting process)
Decides cases / conducts inquiries under the Optional Protocol
CEDAW Committee
General Recommendationsç
Authoritative interpretations of the Convention Allows CEDAW Committee to address contemporary issues,
develop standards and provide guidance to implementation Can expand the scope of the treaty. For example, GR 19
establishes that all VAW is prohibited under CEDAW To date, the Committee has adopted 28 general
recommendations; currently working on GR “Women in Conflict and Post Conflict Situations” (July 2011)
http://www2.ohchr.org/english/bodies/cedaw/comments.htm
The Special Rapporteur on Violence Against Women is one of over 30 thematic “Special Procedures” of the UN Human Rights Council, a charter-based body of the UN. She transmits urgent appeals and communications to States regarding alleged cases of violence against women, undertakes fact-finding country visits and submits annual thematic reports.
The new HRC Working Group on the elimination of discrimination against women in law and in practice, made up of 5 regional reps, will will work with States to end legal discrimination.
Additional monitoring instruments
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Major barriers to the implementation of CEDAW
Lack of political commitments and proper understanding of the Convention
Legal obstacles Reservation to substantive articles of the
Convention Weak national machinery and lack of resources Adverse social and cultural practices
Create a record of performance of States parties based on norms and standards of CEDAW
Identify obstacles, problems and solutions to achieving the goals of the treaty
Identify best practices
Opportunity to benefit from experts
Opportunity for State party to show good faith by consenting to an open and transparent review
Reporting Process – Main Purpose
Ratification Preparation of State party Report Submission of Report Pre-session
[NGOs can submit lists of issues and questions] CEDAW Session: Constructive Dialogue
[NGOs can submit alternative reports, present at NGO session, attend Constructive Dialogue]
Committee issues Concluding Comments
Reporting Process – Procedure
NGO ?????????
Questions ?????????
State writes
answers
Pre-session
State presents
report incl. answers
Main session
Concluding observations(+questions)
State responds
to questions if urgent
State writes report
NGOs?
-NGOs write analternative report
-NGOs provide questions
-NGOs present alternative report
-NGOs make comments
-NGOs use concluding observations for campaign and lobby
-informal meetings
Participate in the preparation of the State party report OR analyse / critique the State party report
Submit alternative information (i.e., Shadow Reports) to the Committee, lobby Committee members and attend the Constructive Dialogue
Pressure the Government to Implement the Concluding Comments (e.g., publicising the Concluding Comments)
Under the Optional Protocol, submit complaints or initiate inquiries
NGO Involvement summary
CEDAW can be: A framework for analysis A monitoring tool A source of law or standards An interpretative tool An accountability mechanism
Awareness raising / capacity building on women’s rights (through trainings, talks, media outreach, etc.)
In advocacy In courts In legislation In government policy In local governments In work of NGOs and specialised agencies
How CEDAW can be used
How has CEDAW been used in your country? How has your organisation or other organisations
worked with CEDAW? Has CEDAW been an effective tool for promotion
of women’s rights? What works? What doesn’t work?
Sharing your experience with CEDAW
NATIONAL ACTION PLANS
Why an Action Plan for human rights?
To get an overview of the human rights situation To adopts a coherent approach to human rights issues
both regarding specific rights issues and issues related to knowledge, information and organization.
A tool for identification of priorities – this is especially important if many problems and not sufficient finances
Useful tool for development discussions A key task is to increase knowledge and awareness of
human rights.
Developing - A preparatory phase
Who should initiate? Who should be involved? The role of Government and Parliament Consultation with NGO´s, vulnerable
groups Focal Agency – draft principles National Coordination Committee
A development phase Consultation with different actors
parliamentarians, government, agencies, different ministries, civil society, military, private sector, vulnerable groups, trade unions, universities, nat. human rights institutions, media, judiciary etc.
Public meetings Inter active Web site/radio Baseline study Write the Action Plan
An implementation phase Identifying implementing partners-
Different ministries are identified Launching the plan Media and dissemination strategy Creating a reporting system Human Rights Education Website
A monitoring and evaluation phase
A monitoring phase Monitoring and
reporting mechanisms
An evaluation phase Perform an
evaluation
Possible structure for an Action Plan
1. International standards2. National legislation3. Defined goals by the Government4. International criticism and national debate5. What has been done – linkage to other national activities6. Action to be taken7. Identification of who´s responsible for the implementation8. Time frame – specific or long or short9. Resources10. Monitoring and follow up
Important issues to keep in mind while drafting an Action Plan
Time consuming Who should draft? Create ownership Status of the Action Plan Action oriented Accountability Expected results Sensitive issues Political pressure
Start work with media and information strategy early
Don´t invent new ways of running the government
Sufficient resources Importance of
transparency Implementation and
monitoring important Human rights training Two goals – the process as
well as the outcome
Action Plan 5 groups shall develop a structure and
content for an Action Plan for Women´s human rights for respective country. The group will be divided by nationality.
Prepare for a 10 min presentation of your Action Plan
Tematic Focus ELIMINATING DISCRIMINATION. Article 2.
MODIFY CUSTOMS. Article 5.
STOP TRAFFICKING IN WOMEN. Article 6.
POLITICAL PARTICIPATION. Article 7
EMPLOYMENT. Article 11
HEALTH CARE. Article 12
VIOLENCE AGAINST WOMEN. General Recommendation 19
Discuss:1. Preparatory and
development phase: What are the
government and NGO priorities that needs to be covered?
Who will be involved in the planning process? How would you insure participation from different groups?
How can the process be communicated?
2. Implementation phase: What are the priorities
and goals for the selected rights?
Who´s responsible for their implementation
3. Monitoring and evaluation phase: Who´s responsible for
monitoring? Role of NGO What mechanisms can
be used for monitoring?