d) The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
The spirit of the Convention is rooted in the goals of the UN: to reaffirm faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women. In its preamble, the Convention acknowledges that "extensive discrimination against women continues to exist" and emphasizes that such discrimination "violates the principles of equality of rights and respect for human dignity."
The Committee on the Elimination of Discrimination Against Women (CEDAW) is the treaty body associated with the Convention
ii) Adoption and Entry into Force
The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) was adopted by the General Assembly on 18 December 1979, and came into force on 3 September 1981. For any state that ratified CEDAW after 4 August 1981, the Convention came into force thirty days after the date of deposit of that state's instrument of ratification.
iii) Obligations Undertaken by States Parties
States parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the Convention (article 24).
iv) Summary of Substantive Rights
Definition of "discrimination against women"
Article 1 of 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."
In accordance with this definition, measures that have a discriminatory impact or effect on women will amount to discrimination, even when it is not possible to establish a discriminatory purpose.
Condemnation and elimination of discrimination against women
States parties condemn discrimination against women and agree to pursue by all appropriate means and without delay a policy of eliminating such discrimination. To that end, states parties undertake to:
Measures to ensure advancement
States parties undertake to take appropriate measures to ensure the full development and advancement of women, for the purpose of guaranteeing the equal enjoyment of human rights (article 3).
The Convention stipulates two kinds of affirmative measures that are not considered discriminatory:
temporary affirmative measures aimed at accelerating de facto equality between men and women (article 4(1)); and
special measures aimed at protecting maternity, even when not of a temporary nature (article 4(2)).
Modification of social and cultural patterns
State parties agree under article 5:
Suppression of trafficking in women
States parties agree to take all appropriate measures to suppress all forms of traffic in women and the exploitation of prostitution of women (article 6).
Political and public life
States parties undertake to protect women's rights in political and public life. In particular, they agree to ensure to women the equal right to:
States parties make detailed commitments to take appropriate measures to eliminate discrimination against women in the field of education (article 10). The measures agreed to be undertaken include:
States parties make detailed commitments to take appropriate measures to eliminate discrimination against women in the field of employment (article 11). In particular, states parties undertake:
States parties undertake:
Other areas of economic and social life
States parties undertake to take all appropriate measures to eliminate discrimination against women and ensure equal rights in other areas of economic and social life, in particular:
Problems faced by rural women
States parties bind themselves to take into account the particular problems faced by rural women, eliminate discrimination against them and ensure that they participate in, and benefit from, rural development on the same basis as men.
Equality before the law
States parties agree to accord women equality before the law and equal legal capacity with men in civil matters such as contracts and administration of property (article 15).
Marriage and family relations
States parties agree to take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations (article 16). This includes:
The Convention provides that child betrothal and marriage shall have no legal effect. States parties are to take all necessary action, including legislation, to specify a minimum age for marriage and to make official registration of marriages compulsory (article 16(2)).
Violence against women
The text of the Convention does not expressly refer to violence against women. However, the Committee that monitors the Convention has interpreted the Convention to mean that gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men. Hence, the Committee has said it is accordingly prohibited by the Convention (General Recommendation No 19, UN Doc A/47/38 (1992)).
v) Limitations on Rights
CEDAW does not identify specific societal interests that are considered sufficient to outweigh the substantive rights set forth. Nevertheless, certain limitations are inherent in the terms of the rights and freedoms.
The concept of discrimination itself
The definition of discrimination does not encompass all distinctions based on sex but rather, only those which have the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, on a basis of equality, of their human rights.
An example of distinctions on the basis of sex that fall outside the concept of discrimination under the Convention, are acts of "positive discrimination" which are deemed not to be discrimination by article 4.
The language used to impose obligations on states parties
Some of the obligations in the Convention are expressed in terms which incorporate limitations.
For example, under article 2, states parties undertake to pursue "by all appropriate means and without delay" a policy of eliminating discrimination against women. It does not necessarily follow that every time an act of discrimination occurs within a state party's territory, the state will have breached this obligation. It will be a matter of interpretation and judgment whether the state party has taken "all appropriate means." In assessing whether the measures taken by the state party are appropriate, sufficient and timely, the Committee may take into account, for example, the extent of the hurdles faced by the state party and the extent of the good faith efforts made by the state party to overcome them.
The Convention does not explicitly provide for derogations in times of public emergency.
Parties to the Convention are entitled to make reservations as long as they do not conflict with the object and purpose of the Convention (article 28).
In considering the extent of the obligations undertaken by a state party to the Convention it is, therefore, necessary to check for reservations that may have been made by the state. It is also important to check concluding observations of the Committee on particular states parties, because the Committee has occasionally expressed views about whether a specific reservation is consistent with the object and purpose of the Convention.
viii) The Monitoring Body/Treaty Body: The Committee on the Elimination of Discrimination Against Women (CEDAW)
The Convention provides for the establishment of a Committee on Elimination of Discrimination against Women (CEDAW) to monitor the implementation of the Convention's provisions by states parties. The Committee is comprised of 23 independent experts, nominated and elected by states parties to the Convention, but intended to serve in their personal capacity.
CEDAW is engaged in the following tasks:
Staff and facilities for the performance of the Committee's functions are provided by the United Nations Division for the Advancement of Women in New York.
The Committee submits an annual report of its activities to the UN General Assembly. The report contains the concluding observations which the Committee makes about states parties in the context of reports, any General Recommendations, any (when decided) decisions on individual cases.
ix) Number of Ratifying States
Almost 90% of UN member states have ratified the Convention, and one quarter are parties to the Optional Protocol. This figure changes frequently and can be updated online.