CEDAW
TABLE OF CONTENTS
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
The United Nations Convention on the Elimination of all Forms of Discrimination against Women, CEDAW, is a treaty codified in 1979. It is one of the most important legally binding instruments for ending all forms of discrimination against women.
Unlike declarations and resolutions, this convention is binding upon all states that have signed and ratified it and must be implemented. The CEDAW convention defines discrimination against women and sets up an agenda for national action to end such discrimination. Currently, 185 countries - over ninety percent of the members of the United Nations - are party to the Convention.
The CEDAW convention is a dynamic and effective document concerning women‟s human rights and includes the following elements (which are described in detail further in this article:
- CEDAW Convention (1979)
- "Committee on the Elimination of Discrimination against Women", elected by the Member States (Article 17) with following tasks:
- General Recommendation
- State reports, NGO shadow reports and concluding comments
- NGO participation
- Concluding comments
- Optional Protocol containing two procedures:
- (1) An individual complaint/communications procedure, which provides individuals and groups the right to lodge complaints with the CEDAW Committee, a guideline to this procedure can be found on the CEDAW website;
- (2) An inquiry procedure, which enables the CEDAW Committee to conduct inquiries into serious and systematic abuses of women‟s rights. These mechanisms are only applicable in countriesthat are states parties to the Optional Protocol.
Contents of the CEDAW Convention
The preamble of the Convention states the general premise of eliminating discrimination. Article 1 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".
Articles 2 -6 cover the general obligations to be undertaken by State Parties such as, for example, to implement the principle of the equality of men and women in legislation as well as to prohibit by law or other means all discrimination against women; further to establish legal protection of the rights of women,national tribunals and other public institutions to ensure the effective protection of women against discrimination.
The Articles 7 - 16 specify the different areas that particularly affect women and the state obligations in that regard. This list of areas and measures is not an exhaustive coverage of all areas of gender discrimination; for instance it does not explicitly address violence against women.
Articles 17 - 30 describe working procedures, reporting mechanisms and dynamic aspects of the Conventi on, which include important points such as the establishment of a "Committee on the Elimination of Discrimination against Women" which shall be elected by the Member States (Article 17)
PART I
Discrimination (Article 1)
Policy Measures (Article 2)
Guarantee of Basic Human Rights and Fundamental Freedoms (Article 3)
Special Measures (Article 4)
Sex Role Stereotyping and Prejudice (Article 5)
Prostitution (Article 6)
PART II
Political and Public Life (Article 7)
Representation (Article 8)
Nationality (Article 9)
PART III
Education (Article 10)
Employment (Article 11 )
Health (Article 12)
Economic and Social Benefits (Article 13)
Rural Women (Article 14)
PART IV
Law (Article 15)
Marriage and Family Life (Article 16)
PART V
Committee on the Elimination of Discrimination against Women (Article 17)
National Reports (Article 18)
Rules of Procedure (Article 19)
Committee Meetings (Article 20)
Committee Reports (Article 21)
Role of Specialized Agencies (Article 22)
PART Vl
Effect on Other Treaties (Article 23)
Commitment of States Parties (Article 24)
Administration of the Convention (Articles 25-30)
Committee on the Elimination of Discrimination against Women
The "Committee on the Elimination of Discrimination against Women" shall be elected by the Member States (Article 17).
Among the tasks of the committee are to watch over the progress for women made in the CEDAW Member States by monitoring national measures on the basis of state (and NGO shadow) reports and by publishing concluding comments to the State parties. Further, the Committee can also make recommendations on any issue affecting women to which it believes the States parties should devote more attention.
Committee - General Recommendation
By 2014, 32 recommendations had been adopted by the CEDAW Committee, among them the general recommendation 12 and 19 on violence against women, or recommendation 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women.
General Recommendation No. 12 (1989) on Violence against Women:
The Committee on the Elimination of Discrimination against Women, states "that articles 2, 5, 11, 12 and 16 of the Convention require the States parties to act to protect women against violence of any kind occurring within the family, at the work place or in any other area of social life", further the Committee recommends to the States parties that they should include in their periodic State reports following points:
- 1. The legislation in force to protect women against the incidence of all kinds of violence in everyday life (including sexual violence, abuses in the family, sexual harassment at the work place etc.)
- Other measures adopted to eradicate this violence;
- The existence of support services for women who are the victims of aggression or abuses;
- Statistical data on the incidence of violence of all kinds against women and on women who are the victims of violence.
General Recommendations No.19 (1992):
In Rec. 19 gender-based violence is defined as "violence that is directed against a woman because she is a woman, or violence that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty." Gender based
Violence impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law or under human rights conventions. Among the responsibilities of the state according to Rec. 19 is to take "appropriate and effective measures to overcome all forms of gender-based violence, whether private or public acts [.....]" further:
"States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation".
General recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women (4. Nov. 2014):
Committee - State reports, NGO shadow reports and concluding comments
State Reports
As soon as a State has ratified the Convention it has to report in the first year and thereafter every four years to the CEDAW Committee or whenever the CEDAW Committee requests it. The State report shall focus on the legislative, judicial, and administrative or other measures which have been adopted to
As soon as a State has ratified the Convention it has to report in the first year and thereafter every four years to the CEDAW Committee or whenever the CEDAW Committee requests it. The State report shall focus on the legislative, judicial, and administrative or other measures which have been adopted to
implement the provisions of the present Convention including the General Recommendations and on the progress made, State Reports should also indicate factors and difficulties affecting the degree of fulfilment of obligations under CEDAW. These procedures are regulated under Article 18 of the Convention.
NGO participation
NGO participation
The CEDAW Committee also supports the submission of country - specific information from NGOs in the form of alternative or shadow reports to the State Reports. NGOs can submit their reports to the Committee prior to or at the session concerned; the shadow report will be considered for the Concluding Comments and recommendations to the State party.
More information on submitting NGO shadow reports.
Concluding comments
Concluding comments, also known as Concluding Observations are recommendations issued by the Committee following the review of those States (and shadow) reports. The CEDAW Committee comments on the progress made by the State Party in implementing its obligations under the treaty and make recommendations for improvement.
More information on submitting NGO shadow reports.
Concluding comments
Concluding comments, also known as Concluding Observations are recommendations issued by the Committee following the review of those States (and shadow) reports. The CEDAW Committee comments on the progress made by the State Party in implementing its obligations under the treaty and make recommendations for improvement.
Optional Protocol
On 6 October 1999 the General Assembly adopted a 21 - article Optional Protocol to the CEDAW Convention and called on all CEDAW States parties to ratify the new instrument. 90 State parties have ratified the Optional Protocol and recognize the competence of the CEDAW Committee to receive and consider complaints from individuals or groups:
The Protocol contains two procedures:
(1) An individual complaint/communications procedure, which provides individuals and groups the right to lodge complaints with the CEDAW Committee, a guideline to this procedure canbe found on the CEDAW website;
(2) An inquiry procedure, which enables the CEDAW Committee to conduct inquiries into serious and systematic abuses of women`s rights. These mechanisms are only applicable in countries that are states parties to the Optional Protocol.
References
Text above has been updated (2014) and written by Alina Zachar in: Training Maual for Improving Quality Services for Victims of Domestic Violence (2008), WAVE, Vienna.Information and original documents to CEDAW can be found:
www.ohchr.org/en/hrbodies/cedaw/pages/cedawindex.aspx (up-to date info)
www.un.org/womenwatch/daw/cedaw/ (info till 1.1.2008, but well structured and accesible basics and general overview)
