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C E D A W M A D E E A S Y Question & Answer Booklet This Question & Answer Booklet is designed to provide you with a snapshot view of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It aims to raise awareness of the rights to which women are entitled under CEDAW so that you can use the Convention to bring about concrete improvements in the lives of Caribbean women. The Booklet is intended as a resource for women’s human rights advocates, government officials, students, teachers, practitioners and anyone who wants to know more about women’s rights. Caribbean Office UN House, Marine Gardens, Hastings Christ Church, Barbados

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C E D A W

M A D E E A S Y

Question & Answer Booklet

This Question & Answer Booklet is designed to provide youwith a snapshot view of the United Nations Convention on theElimination of All Forms of Discrimination against Women(CEDAW). It aims to raise awareness of the rights to whichwomen are entitled under CEDAW so that you can use theConvention to bring about concrete improvements in the livesof Caribbean women.

The Booklet is intended as a resource for women’s humanrights advocates, government officials, students, teachers,practitioners and anyone who wants to know more aboutwomen’s rights.

Caribbean OfficeUN House, Marine Gardens, HastingsChrist Church, Barbados

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C E D A W

M A D E E A S Y

Question & Answer Booklet

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Acknowledgements

Contributing Editor: Tina JohnsonCover photos: Caroline Penn/Panos Pictures; Philip Wolmuth/

Panos PicturesDesign/Layout: Tina Johnson

Special thanks to former UNIFEM Caribbean Regional ProgrammeDirector, Joycelin Massiah; former consultants to UNIFEM, LynetteAmetewee and Dawn Minott; and University of the West IndiesFaculty of Law lecturer Tracy Robinson – all of whom wereinstrumental in the preparation of this publication.

Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

1. CEDAW and International Human Rights: An Overview . . 1

2. Women’s Rights under CEDAW . . . . . . . . . . . . . . . . . . . . . . . . 9

3. How CEDAW is Monitored . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4. The Optional Protocol to CEDAW: A New Mechanismfor Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

5. The Rights of Women in the Caribbean . . . . . . . . . . . . . . . . . 23

6. CEDAW and You . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Glossary and Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Appendices

I. The Text of the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39II. Reservations (Caribbean State Parties) . . . . . . . . . . . . . . . . . . . 53III. General Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54IV. Equality Clauses in Caribbean Constitutions . . . . . . . . . . . . . 55V. Other UN Conventions on Women . . . . . . . . . . . . . . . . . . . . . . 56

Your Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Boxes and Tables

Box 1: The International Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . 3Box 2: Using International Law at the National Level . . . . . . . . . . . 5Box 3: Women’s Activism and the Drafting of CEDAW . . . . . . . . . 6Box 4: CEDAW at a Glance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Box 5: The Convention of Belém do Pará . . . . . . . . . . . . . . . . . . . . 25Box 6: CARICOM Model Legislation . . . . . . . . . . . . . . . . . . . . . . . . 27Box 7: CEDAW and Constitutional Reform . . . . . . . . . . . . . . . . . . 30

Table 1: How CEDAW is Structured . . . . . . . . . . . . . . . . . . . . . . . . . 2Table 2: Caribbean Countries and CEDAW . . . . . . . . . . . . . . . . . . . 7Table 3: States’ Reports to the CEDAW Committee

(examined) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Table 4: UN Human Rights Conventions, Protocols and

Treaty Bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Table 5: Women’s Political Participation . . . . . . . . . . . . . . . . . . . . . 23

table of contents

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UNIFEM – the United NationsDevelopment Fund for Women– is one of three UN agencieswhose mandate is directlyrelated to women.1 We arecommitted to bringing aboutsystematic change that leads towomen’s empowerment andgender equality. To this end, wework with governments, non-governmental organizations(NGOs) and partner agencies inthe UN system to ensure thatwomen’s human rights continueto be a centrepiece in follow-up activities to fulfil thePlatforms and Programmes ofAction from UN worldconferences, the CaribbeanCommunity (CARICOM) andthe Commonwealth.

UNIFEM follows a global A B CD E strategy: Advocacy andpolicy dialogue; Buildingsustainable knowledge andaction networks; Capacity-building; Disseminating know-ledge on emerging issuesand innovative solutionstowards gender equality; andExperimentation on the ‘howto’ of achieving gender equality.It focuses on four goals:

1. Reducing feminized poverty andexclusion – Mainstreaming agender perspective in tradeand macro-economic policy-making; and increasingwomen’s access to, andinfluence on, markets forlabour, goods and services.

2. Ending violence against women– Resourcing of legislationand national action plans;ensuring that statistics andsector offices register theincidence and types ofviolence against women;investing more in preven-tion, particularly throughlong-term campaigns at local,national and global levelsaimed at involving men andchanging the attitudes thatperpetuate gender-basedviolence; and increasingsupport for women’s organ-izations and for multi-sectoral approaches toprevention and protection.

3. Halting and reversing thespread of HIV/AIDS amongwomen and girls – Bringing agender equality and humanrights perspective to

i

Foreword

UNIFEM will continue its efforts to help forge the political will toimplement the programmes and policies necessary to enable every womanin the world to live a life free from violation and to exercise and enjoy alltheir human rights. Bolstering the ratification and implementation ofCEDAW is a pivotal part of building a culture that understands, respectsand promotes equality for women.

– Noeleen Heyzer, Executive Director of UNIFEM

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partnerships forged throughUNAIDS with the UnitedNations system, nationalAIDS councils and women’sand government organiza-tions at the global, regionaland national level; andspearheading holistic stra-tegies to address HIV/AIDSby drawing links to violenceagainst women, feminizedpoverty and gender justice inpost-conflict reconstruction.

4. Achieving gender equality indemocratic governance in timesof peace as well as war –Increasing technical capacityto implement and monitorCEDAW for achieving con-stitutional and legislativeguarantees to gender equal-ity and its implementation;building partnerships toensure women’s equalparticipation in electoralprocesses, peace negotia-tions, conflict prevention,disarmament, demobilizationand reintegration, andother processes; establishingnational and local mechan-isms (governmental and non-governmental) to achievegender equality in post-conflict reconstruction; andimproving information,documentation and guidanceto attain gender justice.

In the Caribbean, the work pro-gramme of the UNIFEM sub-

regional office, based inBarbados,2 includes:

• Promoting active and visiblepolicies to address thegender dimensions ofpoverty reduction andwomen’s place in theeconomy, in the context ofthe impact of globalizationon Caribbean Small IslandDeveloping States (SIDS).

• Developing and supportingintegrated action plans toeliminate all forms ofviolence against women,including law reform onsexual harassment and childsexual assault.

• Ensuring that the gender-based causes are taken intoaccount in programmes andpolicies to combat HIV/AIDS through capacity-building of policy makers,networks of women livingwith HIV/AIDS and civilsociety.

• Supporting leadership andwomen’s participation inpolitical processes for genderequity and social justice,including working closelywith the UN system tostrengthen the rule of lawand democratic processes inHaiti through active supportfor women’s participation inthese areas.

UNIFEM’s role with

regard to CEDAW

In promoting women’s humanrights, UNIFEM has developeda series of initiatives around theConvention on the Eliminationof All Forms of Discriminationagainst Women (CEDAW). Ourwork on CEDAW has focusedon increasing the effectivenessof reporting, monitoring andimplementation of the Con-vention. Key to this is strength-ening the capacity of govern-ments and NGOs to useCEDAW to create stronger legaland policy frameworks forgender equality. FosteringNGO-government partnershipsis also a critical piece of thiswork.

The programme has includedregion-specific areas of focussuch as:

• popularizing CEDAW in theCaribbean (of which thisBooklet is a part);

• CEDAW and Shari'a law inWestern Asia;

• a 'Training of Trainers'programme on women'shuman rights in the contextof CEDAW in the Arabregion; and

• technical expertise to linkCEDAW to other critical

issues on the global agenda,such as HIV/AIDS.

The purpose of this

Booklet

This Booklet is designed toprovide you with a snapshotview of CEDAW and to raiseawareness of the rights to whichwomen are entitled under theConvention so that you can useit to bring about concreteimprovements in the lives ofCaribbean women.

We hope that we have produceda useful resource for women’shuman rights advocates,government officials, students,teachers, practitioners and anyperson who wants to knowmore about women’s rights. Wehave provided as muchinformation as possible usingthe question and answer format.This lends itself for use as adiscussion aid and for researchas well as for general reading. Alisting of relevant websites andother resources has beenprovided to assist you inidentifying additional sources ofinformation on CEDAW andother tools designed to achievewomen’s equal rights. The fulltext of the Convention isincluded at the end of theBooklet.

We at UNIFEM know thatwomen’s rights are human

ii iii

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rights and that developmentcannot be fully attained if half ofthe population continues to beexcluded from equal represen-tation and involvement in thepolitical, social and economicspheres of their countries. Weencourage you to use thisBooklet as a starting point inadvocating for women’s humanrights.

Notes

1 The other agencies are the Division for

the Advancement of Women (DAW),which acts as a focal point forcoordination and mainstreaming ofgender issues in the UN system; and theInternational Research and TrainingInstitute for the Advancement ofWomen (INSTRAW), which workstowards gender equality throughresearch, training and information.

2 UNIFEM Caribbean represents the

rights of women and women’sorganizations in the CARICOMcountries (Antigua and Barbuda, theBahamas, Barbados, Belize, Dominica,Grenada, Guyana, Haiti, Jamaica, St.Kitts and Nevis, St. Lucia, St. Vincentand the Grenadines, Suriname andTrinidad and Tobago); the BritishOverseas Territories (Anguilla, BritishVirgin Islands, Cayman Islands,Montserrat and Turks and CaicosIslands); the Netherlands Antilles(Curaçao, Saba, St. Maarten and St.Eustatius); Aruba; and Bermuda.

What is the Convention

on the Elimination of All

Forms of Discrimination

against Women?

The Convention on theElimination of All Forms ofDiscrimination against Women(CEDAW) is an internationaltreaty that is part of the UnitedNations human rights’ system.Sometimes referred to as theWomen’s Convention or theWomen’s Bill of Rights, it’s acomprehensive internationalagreement that is intended toimprove the status of women.

CEDAW promotes women’sequal attainment of economic,social, cultural, civil andpolitical rights. It also estab-lishes rights for women in areasthat weren’t previously subjectto international standards.Moreover, it provides auniversal definition of dis-crimination against women, sothat those who would dis-criminate on the basis of sex canno longer claim that there isn’t aclear definition of what thismeans.

How does CEDAW define

discrimination?

Article 1 of CEDAW definesdiscrimination against womenas “any distinction, exclusion orrestriction made on the basis of

sex which has theeffect or purpose ofimpairing or nul-lifying the recog-nition, enjoymentor exercise bywomen, irrespec-tive of their maritalstatus, on a basis ofequality of menand women, ofhuman rights and fundamentalfreedoms in the political,economic, social, cultural, civiland any other field”.

Why is it important to

have a convention like

CEDAW?

CEDAW brings together, in onewide-ranging internationalhuman rights treaty, theprovisions of other existing UNinstruments concerning dis-crimination on the basis of sex.It then extends them further tocreate a real tool for theelimination of discriminationagainst women.

CEDAW also adds somesignificant new provisions.These include (a) the applicationof non-discrimination to privateas well as public life, (b) itsrequirement that countries musteliminate traditional andstereotyped ideas of the roles ofthe sexes, and (c) its specificconcern with rural women. In

iv 1

1. CEDAW AND INTERNATIONAL HUMAN

RIGHTS: AN OVERVIEW

It is fair to say that theWomen’s Convention isthe common offspring ofthe international humanrights movement and the

women’s movementunder the roof of the

United Nations.- Feride Acar,

Chairperson of theCEDAW Committee1

Cathy Jones/CAFRA News

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addition, it creates a mechanismfor monitoring and enforcement(see section 3).

Among the international humanrights treaties, the Conventiontakes an important place bybringing the female half ofhumanity into the focus ofhuman rights concerns. It isn’tonly an international bill ofrights for women; it’s also anagenda for action by countries toguarantee the enjoyment ofthose rights. Human rightstreaties like CEDAW represent

acceptance by the internationalcommunity of certain standardsand norms.

What’s the difference

between a convention

and a treaty? What

other types of

international legal

agreements are there?

Conventions and treaties (andcovenants, pacts and protocols)mean much the same thing.Treaties can be bilateral(between two countries) ormultilateral (between more than

two countries) and cover a widerange of issues.

One example of a bilateralagreement is the BilateralInvestment Treaty betweenBarbados and Canada, signed in1996 to promote and protectinvestments in the twocountries. An example of amultilateral agreement is theTreaty of Chaguaramas, whichestablished the CaribbeanCommunity (CARICOM) in July1973.

‘Convention’ is the mostcommon term for human rightsinstruments and is frequentlyused for agreements to which alarge number of States areparties.2

Don’t any other

international human

rights instruments

address women’s rights?

There are several otherinstruments that addressspecific issues, such as the rightsof married women or women’spolitical rights (see AppendixV). However, CEDAW is theonly international agreementthat focuses on the rights ofwomen in all areas of life andaddresses the particular types ofdiscrimination they face (whichmay be cultural and structural).

At the same time, it’s important

2 3

PART IDiscrimination (article 1) Policy measures (article 2) Guarantee of basic human rights andfundamental freedoms (article 3) Special measures (article 4) Sex role stereotyping and prejudice(article 5) Prostitution (article 6)

PART III Education (article 10) Employment (article 11) Health (article 12) Economic and social benefits (article 13) Rural women (article 14)

PART VCommittee an the Elimination ofDiscrimination against Women (article17) National Reports (article 18) Rules of procedure (article 19) Committee meetings (article 20) Committee reports (article 21) Role of specialized agencies (article 22)

PART IIPolitical and public life (article 7) Representation (article 8) Nationality (article 9)

PART IV Law (article 15) Marriage and family life (article 16)

PART VI Effect on other treaties (article 23) Commitment of States parties (article 24) Administration of the Convention(articles 25-30)

Table 1: How CEDAW is structured

Box 1: The International Bill of

Rights

The Universal Declaration of Human Rights(UDHR) (1948) sets out a catalogue offundamental human rights including:• the right to be free from torture (article 5); • the right to be free from discrimination

(article 7); • the right to freedom of thought,

conscience and religion (article 18); • the right to work (article 23); and • the right to education (article 26).

The International Covenant on Civil andPolitical Rights (ICCPR) (1966) protects rightssuch as:• the right to life (article 6); • the right to liberty and security of person

(article 9); • the right to equality before the law (article

14); • the right to peaceful assembly and

freedom of association (articles 21 and22);

• the right to political participation (article25); and

• the right of minorities to protect theirlanguage and culture (article 27).

The International Covenant on Economic,Social and Cultural Rights (ICESCR) (1966)covers rights such as:• the right to work (article 6); • the right to form trade unions (article 8); • the right to social security (article 9); and • the right to an adequate standard of

living, including adequate food, nutrition,shelter, clothing, education and healthservices (article 11).

All three instruments state that everyone isentitled to all the rights withoutdistinction/discrimination of any kind,including race, colour, sex or other status.

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to note that the principles ofnon-discrimination and equalityare central to human rights ingeneral. The Universal Declara-tion of Human Rights (UDHR),the International Covenant onCivil and Political Rights(ICCPR) and the InternationalCovenant on Economic, Socialand Cultural Rights (ICESCR)all bar discrimination on thebasis of sex. These make upwhat is known as the Inter-national Bill of Rights (see Box 1on page 3).

The UDHR, adopted by the UNGeneral Assembly on 10December 1948, is the founda-tion of all modern human rightsinstruments and contains a listof civil, cultural, economic,political and social rights.Although the Declaration isn’titself a legally binding treaty,over time it has become almostan extension of the UN Charter,which is binding for all UNmember States.

F u r t h e r -m o r e ,most if notall of theU D H R ’ sprovisionshave nowb e c o m ecustomaryi n t e r -n a t i o n a llaw. This

term refers to a general andconsistent practice followed byStates, deriving from a sense oflegal obligation, which is thenaccepted as the norm orstandard all countries shouldabide by. Many internationallawyers argue that this includessuch acts as voting forresolutions at the UN and otherinternational gatherings.

Customary law is an importantsource of international lawbecause it binds all nations, notjust those that have ratified(formally approved) a particulartreaty. The UDHR is thefoundation of the Bills of Rightsof many Caribbean countries(see Appendix IV).

What about the Beijing

Platform for Action?

Doesn’t that promote

women’s rights?

There is an important distinctionbetween conventions on the onehand and declarations, resolu-tions and platforms or pro-grammes that emerge frominternational meetings on theother.

Declarations, platforms, etc. areimportant in that they reaffirmhuman rights and establishworking frameworks for Statesto fulfil their treaty obligations.In the Beijing Declaration andPlatform for Action from the UN

Fourth World Conference onWomen (Beijing, 1995), govern-ment delegations made a moraland political commitment toundertake certain activities toimprove the status of women.However, this type of agree-ment isn’t legally binding.

Conventions such as CEDAW,on the other hand, areinternational agreements con-cluded between countries inwriting and governed by inter-national law.

How does international

human rights law differ

from national law?

A country’s parliament is itsmain legislative or law-makingbody. National laws formulatedby the government requirevarious majority votes andusually the assent of the Head ofState, and are then enforced bythe courts and law enforcementofficials such as the police.

International laws are clearlynot created in the same way (seenext question). The enforcementof international law is also verydifferent because there is nointernational police force and itis States, not individuals, whoare parties to the conventionsand have to be held account-able.3

The system therefore relies

heavily on political pressure, asStates generally don’t want to beknown as human rights abusers.That’s why the involvement ofNGOs and activists is soimportant in pushing the humanrights agenda forward (seesection 3 below on how CEDAWis implemented).

However, judges in countriesthat have ratified an inter-national convention such asCEDAW have the authority toconsider it either as part of lawor as an aid to interpretingnational law (see Box 2).

4 5

Box 2: Using International Law

at the National Level4

In 1997, a Regional Judicial Colloquium forthe Caribbean region was held in Guyanathat issued Recommendations and Strategiesfor Action on the Human Rights of Womenand the Girl-Child. The Colloquiumrecognized “that the fundamental duty ofjudges to ensure the fair and dueadministration of justice requires judges to bealert to manifestations of genderdiscrimination in the law and in theadministration of justice, and to take suchmeasures as lie within their power to redressor eliminate any such discrimination”. In thisregard, it “emphasized the utility ofinternational human rights norms todomestic litigation, noting that in generalthere was no constitutional or other bar toreferring to international human rightstreaties”. It suggested that, among other uses,these norms might provide a standard toclarify the meaning of constitutionalguarantees.

Tracey Johnson/CAFRA News

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How is an international

convention created?

The majority of human rightsconventions come aboutthrough negotiations at the UN,often preceded by years ofnational, regional and inter-national activism around theparticular human rights vio-lation or injustice (see Box 3).The convention is drafted by asub-body and then adopted bythe General Assembly. It is thenopen for signature andratification by the member

States. Each convention needs to beratified by a certain number ofStates, specified in its articles,before it enters into force(becomes law).

CEDAW was drafted by the UNCommission on the Status ofWomen (CSW). The process ofcompiling the treaty wasfacilitated by the fact that it wasmade a priority area on the UNagenda during the UN Decadefor Women (1975-1985).CEDAW came into force as aninternational treaty on 3September 1981. As of 16October 2004, it had 179 Stateparties.

How does a country

become a party to an

international

convention?

Agreeing to an internationalconvention is a legal processthat involves a series of steps.Most commonly, a country infavour of a convention signsshortly after it has been adoptedby the UN General Assembly.Signing isn’t legally binding butcreates (a) a presumption thatthe country will abide by theprovisions of the treaty and (b)an obligation not to do anythingthat would defeat the objectivesof the convention or undermineit.

A country then makes a formalagreement to be legally boundby the treaty, normallyincluding some parliamentaryprocess. The instrument ofratification – a formal lettersigned by the responsibleauthority in the country – isdeposited with the UN SecretaryGeneral by the government(usually the Ministry of ForeignAffairs).

Another way that a State canbecome a party is throughaccession. This is essentially justanother word for ratification,except that it isn’t preceded byany act of signature. Eithermethod is equally binding onthe country.

Is my country a party to

CEDAW?

All independent Caribbeancountries have committedthemselves to implement theConvention (see Table 2).

The situation is somewhatdifferent for the dependentcountries or overseas territories.When the United Kingdomsigned CEDAW in 1981, theoverseas territories weren’tincluded. However, in 1986CEDAW was extended to theseterritories. To date, the BritishVirgin Islands and Turks andCaicos Islands have acceptedCEDAW and are covered by theUK ratification. However,

Anguilla, the Cayman Islandsand Montserrat haven’t accept-ed CEDAW yet.

The Netherlands signedCEDAW in 1991 and thisautomatically extended theConvention to the dependentterritories of Aruba and theNetherlands Antilles (Curacao,Saba, St. Barts, St. Eustatius andSt. Maarten).

Are all the articles in

the Convention legally

binding on countries

that ratify it?

When countries ratify, they canmake a reservation to theConvention. This is a statement

6 7

Box 3: Women’s Activism and

the Drafting of CEDAW

Women around the world have been veryactive in struggling to get their rightsrecognized, and the inclusion of these rightsin the international human rights frameworkis “deeply rooted in the story of women’sorganizing in different regions” (Friedman,1995). In 1972, the UN Commission on theStatus of Women (CSW) began to press for alegally binding global body of law toeliminate discrimination against women.More impetus for a women’s conventioncame out of the first global conference onwomen, the 1975 International Women's YearConference in Mexico City. CEDAW’srequirement in article 5 that States musteliminate traditional and stereotyped ideas ofthe roles of the sexes, and its specific concernwith rural women in article 14, “clearlyreflected the concerns of women in thedeveloping world” and the fact that the CSWat the time had a majority of members fromthe Global South (Timothy and Freeman,2000).

Table 2: Caribbean countries

and CEDAW

Year ofCountry Ratification

or AccessionAntigua and Barbuda 1989

Bahamas 1993Barbados 1980Belize 1990Dominica 1980Grenada 1990Guyana 1980Haiti 1981Jamaica 1984St. Kitts and Nevis 1985St. Lucia 1982St. Vincent and the Grenadines 1981

Suriname 1993

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that modifies or limits the effectof one or more of its provisions.For example, Jamaica initiallymade a reservation to article 9because it conflicted withnational law. This article dealswith granting equal rights tomen and women to acquire,change, retain and givenationality to their children.However, after the country’slaws were amended, thereservation was withdrawn.Several Caribbean countries

have reserved toarticle 29 relatingto the settlementof disputes.

Despite the factthat CEDAW isone of the mostwidely ratifiedc o n v e n t i o n s ,many countrieshave made reser-vations to dif-ferent articles. It

has been argued that some ofthese, particularly those thatindicate the State's intention notto be bound by provisions thatconflict with religious ordomestic law, underminecommitment to the Conventionand its full implementation.

The Vienna Programme ofAction from the 1993 WorldConference on Human Rightsurged States to withdrawreservations that are contrary to

the Convention’s objectives andpurpose or are otherwiseincompatible with internationaltreaty law.

To find out what types ofreservations countries havemade, go to www.un.org/womenwatch/ daw/cedaw/reservations-country.htm. ForCaribbean countries, seeAppendix II).

What’s the relevance of

CEDAW in countries that

haven’t ratified it?

The Convention isn’t formallybinding on a country that hasn’tratified it. However, theprinciple of non-discriminationhas an effect on all countries aspart of international customarylaw (see above).

Notes

1 Written statement submitted to the

47th session of the Commission on theStatus of Women, New York, 3-14 March2003.

2 A State is simply a technical term for a

country and is used to refer to themembers of the United Nations. Statesare the ‘parties’ that take part ininternational law.

3 However, the International Criminal

Court, established in 2002, is intended topunish the individual perpetrators of theworst human rights abuses.

4 Source: Adams and Byrnes (eds.), 1999.

What are women’s

rights?

Women's rights are humanrights and establish the samesocial, economic, cultural, civiland political status for womenas for men. They guarantee thatwomen won’t face discrimina-tion on the basis of their sex.

How does CEDAW

protect women’s human

rights?

CEDAW gives legitimacy or alegal basis to women’s humanrights claims and promoteswomen’s equality in all areas oflife. It obliges States to introducelegal and policy changes to enddiscrimination against women.Equality rights must be both dejure (as a matter of law) and defacto (as a matter of fact, i.e. inreality). The Convention createsa monitoring (and more recentlya complaint mechanism) toensure implementation (seesections 3 and 4).

What kinds of rights are

covered by CEDAW?

CEDAW deals with the civilrights and the legal status ofwomen in great detail. But,unlike other human rightstreaties, the Convention is alsoconcerned with human repro-duction as well as with theimpact of cultural factors ongender relations. It applies to

private as well aspublic life and requiresthat States eliminatetraditional and stereo-typed ideas of the rolesof the sexes (article 5).

What does

CEDAW say about

the civil rights

and legal status

of women?

CEDAW guaranteeswomen’s right to vote,to hold public officeand to exercise publicfunctions. Thisincludes equal rightsfor women to representtheir coun-tries at theinternational level(articles 7 and 8).

It says that, in civilmatters, States parties are toensure that women have a legalcapacity identical to that of menand the same opportunities toexercise that capacity. They areto give women equal rights toconclude contracts and toadminister property, andwomen are to be treated equallyin all stages of court procedures(article 15).

What does CEDAW say

about the reproductive

rights of women?

8 9

2. WOMEN’S RIGHTS UNDER CEDAW

Once yourgovernment has

signed (CEDAW],it is a socialcontract that

they’re making withthe women in thecountry … [I]t

gives you that tool,that leverage to say

OK, this is thenormative context

within whichwomen’s status hasto be dealt with –and it is a human

rights document, soautomatically youare in the basket of

human rights.– Roberta Clarke,

RegionalProgramme

Director, UNIFEMCaribbean1

Sojourner Sisters Inc.

Continued on page 12.

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10 11

Box 4: CEDAW at a Glance2

Article 1: Definition of DiscriminationDiscrimination against women is: “any distinction, exclusion or restrictionmade on the basis of sex which has the effect or purpose of impairing ornullifying the recognition, enjoyment or exercise by women…of humanrights and fundamental freedoms”.

Article 2: Policy Measures to be TakenGovernments condemn discrimination against women in all its forms andwill work to end it. This includes abolishing all existing laws, customs andregulations that are discriminatory.

Article 3: Guarantee of Basic Human RightsGovernments will take all appropriate actions to ensure the advancement ofwomen and to protect their rights on a basis of equality with men.

Article 4: Temporary Special MeasuresGovernments may institute affirmative action programmes to ensurewomen’s advancement. This will not be considered discriminatory.

Article 5: Sex Roles and StereotypingGovernments will strive to eliminate cultural and traditional practices thatperpetuate discrimination and gender stereotyping of women.

Article 6: Trafficking and ProstitutionGovernments will work to eliminate trafficking in women and theexploitation of the prostitution of women.

Article 7: Political and Public LifeGovernments will work to eliminate discrimination against women inpolitical and public life and will ensure women the right to vote, hold officeand actively participate in political parties, lobby groups and NGOs.

Article 8: Participation at the International LevelGovernments will take action to ensure women the opportunity to representtheir government at the international level and participate in internationalorganizations.

Article 9: NationalityGovernments will grant women equal rights to change or retain theirnationality and that of their children.

Article 10: Equal Rights in EducationGovernments will act to eliminate discrimination against women ineducation. This includes giving women and men equal access to educationand vocational guidance; the same curricula, examinations, standards forteaching and equipment; and equal access to scholarships and grants.

Article 11: EmploymentGovernments will eliminate discrimination against women in the workplace.Women will have the same employment rights as men as well as maternityleave and special protection against harmful work during pregnancy.

Article 12: Health Care and Family PlanningGovernments will eliminate discrimination against women in health careand provide them with equal access to health-care services, including familyplanning.

Article 13: Economic Life, Sport and CultureGovernments will act to eliminate discrimination against women in theeconomic and social arenas. Women will have equal access to familybenefits, loans and credit, and an equal right to participate in recreationalactivities, sports and cultural life.

Article 14: Rural WomenGovernments will ensure that the particular needs of rural women are met inrelation to access to services, training and employment opportunities andsocial equity schemes, and act to eliminate discrimination against them.

Article 15: Equality Before the LawGovernments will give women equality with men before the law, includingrights to enter contracts, administer property, appear in court or beforetribunals, and to choose residence and domicile.

Article 16: Marriage and the LawGovernments will ensure that women and men have equal rights to choose aspouse and to marry; the same rights and responsibilities within marriageand on divorce; and equal rights in all matters relating to the birth, adoptionand raising of children.

Articles 17-22: Detail the establishment and function of the Committee on the Elimination ofDiscrimination against Women.

Articles 23-30:Detail the administration of the Convention.

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Provisions for maternityprotection and child care areproclaimed as essential rights.They are found in all areas ofthe Convention, whetherdealing with employment,marriage and family relations,health care or education.

CEDAW is the only humanrights treaty to mention familyplanning. States parties areobliged to provide advice onfamily planning in the educationprocess and to develop familycodes that guarantee women'srights (a) to decide freely andresponsibly on the number andspacing of their children and (b)to have access to theinformation, education andmeans to enable them to exercise

these rights (article 16).Does CEDAW say

anything about child-

rearing responsibilities?

CEDAW recognizes thatmaternity is a social function,demanding that both sexes fullyshare the responsibility of child-rearing. Family educationshould highlight the need forboth the father and the motherto participate actively in theupbringing and development oftheir children (article 5b).

Does CEDAW address

the schooling of

pregnant adolescents

and young mothers?

Under CEDAW, States committhemselves to promoting thereduction of female studentdrop-out rates and the organ-ization of programmes for girlsand women who have leftschool prematurely. The Con-vention states that women andgirls should have equal accesswith men and boys to educa-tional opportunities (article 10).This has implications for therights of girls to continue theireducation if they have to leaveschool because of pregnancy.

What does CEDAW say

about the impact of

cultural factors?

Cultural patterns that define thepublic realm as a man's world

and the domestic sphere aswomen's domain are targeted inthe Convention. It calls on Statesto take measures to eliminatecustomary practices based onthe idea that one sex is superiorto the other. Its provisionsaffirm the equal responsibilitiesof both sexes in family life andtheir equal rights with regard toeducation and employment. Forexample, CEDAW calls for therevision of textbooks, schoolprogrammes and teachingmethods in order to eliminatestereotyped concepts about theroles of women and men.

I don’t see anything in

the Convention about

violence against women.

Doesn’t CEDAW cover

this?

The Convention doesn’t containany provisions on violenceagainst women except for thaton trafficking of women forprostitution (article 6).However, General Recom-mendation 19 – formulated bythe CEDAW Committee in 1992– deals extensively with thisissue. Each article of the Con-vention is analysed in terms ofviolence, and the overall thrustof the Recommendation is that‘discrimination’ for the purposesof the Convention also includesviolence against women.

In particular, the Recommenda-

tion identifies domestic vio-lence, rape, trafficking forprostitution, certain traditionalpractices and sexual harassmentas discrimination covered by theConvention.

Does CEDAW say

anything about the

rights of women with

HIV/AIDS?

While CEDAW was createdbefore the AIDS crisis, itspecifically prohibits discrimina-tion against women in relationto access to health-care services(article 12). Under GeneralRecommendation 15, States areobligated (a) to give specialattention to the rights and needsof women and children withHIV/AIDS in programmes tocombat the epidemic and (b) toavoid discrimination against

12 13

Sauti ya Siti

Sharon Chachko, Say No to Sexual Violence

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women in national strategies forthe prevention and control ofAIDS.

What about the rights of

disabled women?

Under General Recommend-ation 18, States parties are toprovide the CEDAW Com-

mittee with information ondisabled women. This shouldcover measures taken to dealwith women’s disability –including special measures toensure that they have equalaccess to education andemployment, health servicesand social security, and toensure that they can participatein all areas of social and culturallife.

Notes

1 Interviewed on 22 October 1993 by

Elisabeth Friedman, cited in Friedman,1995.

2 Adapted from The Tribune #58: Women

Moving Human Rights Centre Stage(International Women’s Tribune Centre,New York, 1999: 14-15). The full text of

When States ratify

CEDAW, what does that

commit them to?

In ratifying CEDAW, Statescommit themselves to undertake“…all appropriate measures,including legislation, to ensurethe full development andadvancement of women, for thepurpose of guaranteeing themthe exercise and enjoyment ofhuman rights and fundamentalfreedoms on a basis of equalitywith men”.

How is the

implementation of

CEDAW monitored?

States have to report regularly tothe Committee on the Elimina-tion of Discrimination againstWomen on their progresstowards meeting the standardsset by the Convention.

The Committee, established in1982, monitors the nationalmeasures taken by States tocomply with CEDAW andreviews their performance inimplementing the Convention.

Who sits on the CEDAW

Committee?

The Committee is made up of 23independent experts. They arenominated by their govern-ments (which have ratified theConvention) and then elected bysecret ballot. Their terms last

four years, with onlyhalf of the Committeemembers replaced eachtime elections takeplace. They are repre-sentatives of the geo-graphical regions of theworld.

Are there

representatives

from the

Caribbean on the

Committee?

To date, there have been threeCaribbean representatives onthe Committee: Norma MonicaForde, Barbados (1987-1994);Justice Desirée Patricia Bernard,Guyana (1982-1992 and 1995-1998); and Rosalyn Hazelle, St.Kitts and Nevis (1999-2002).Glenda P. Simms (Jamaica) willbegin a four-year term on 1January 2005.

What does the CEDAW

Committee do?

The CEDAW Committee studiesthe National Reports that aresubmitted by governments. Itmeets at UN Headquarters twicea year in January and June forthree-week sessions. Eightcountries from the variousworld regions are usuallyscheduled at each session.

The Committee holds a“constructive dialogue” on thereports with government rep-

14 15

3. HOW CEDAW IS MONITORED

The Committee onthe Elimination of

Discriminationagainst Women was

established “tobridge the gap

between ratificationand

implementation”.– Angela King, thenAssistant Secretary-General and SpecialAdvisor to the UNSecretary-General

on Gender 1

Anne S. Walker/IWTC

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resentatives and explores withthem areas for further action. Itthen formulates concludingcomments that (a) outlinepositive aspects, (b) indicateprincipal subjects of concern(factors and difficulties affectingthe implementation of CEDAW)and (c) make recommendationson how the Con-vention couldbe further implemented.

What exactly is a

National Report? What

kind of information will I

find in one?

A National Report is a reportprepared by the government ofa country, usually through itsDepartment of Women’s/Gender Affairs or in collabora-tion with NGOs. It is intendedto show the legislative, judicial,administrative or other mea-sures adopted to implementCEDAW and the national

actions taken to improve thesituation of women.

Under the provisions ofCEDAW, States have to prepareand submit a National Reportone year after they have ratifiedthe Convention. After that,reports are to be submittedevery four years or when theCEDAW Committee requeststhem.

According to the guidelines, theinitial report should be adetailed and comprehensivedescription of the position ofwomen in the country at thetime of submission. Thisprovides a baseline againstwhich later progress can bemeasured.

The second and subsequentNational Reports are intended toupdate the previous report(s).They should detail significantdevelopments that haveoccurred over the last fouryears, note key trends andidentify obstacles to the fullachievement of the Convention.

National Reports (a) show howthe Convention’s provisions arereflected in the economic,political and social realities of acountry and the generalconditions existing in countries;(b) provide sex-disaggregateddata; (c) reveal obstacles tocompliance; and (d) provide

other information on types andfrequencies of non-compliancewith the principle of equalrights.

Has my country

submitted a National

Report?

As of 2004, nine independentCaribbean countries havesubmitted NationalReports to be reviewedby the CEDAW Com-mittee (see Table 3). TheUnited Kingdom hassubmitted reports includ-ing information on thetwo British OverseasTerritories in the region:the British Virgin Islandsand the Turks and CaicosIslands. The Netherlandshas submitted reportsincluding information onthe Netherlands Antilles.

How can I get a

copy of my

country’s National

Report

If you have access to theInternet, the reports areposted at www.un.org/womenwatch/ daw/cedaw/reports.htm. Ifnot, contact yourcountry’s Department ofWomen’s/Gender Affairsor Women’s Desk.

Can I make my own report

to the CEDAW Committee

if I don’t agree with what

my country’s National

Report says?

Yes. Your organization canmake its opinion known to theCommittee through what isknown as a ‘shadow’ report.

16 17

Table 3: States’ Reports to the

CEDAW Committee (examined)2

CountryAntigua andBarbuda

Barbados

Belize

Guyana

Jamaica

St. Kitts andNevis

St. Vincent andthe Grenadines

Suriname

Trinidad andTobago

Latest ReportCombined initial,second and thirdperiodic reportsFourth periodicreportCombined initialand secondperiodic reportsSecond periodicreport (combinedthird-sixthperiodic reports,not examined)Combinedsecond, third andfourth periodicreportsCombined initial,second, third andfourth periodicreportsCombined initial,second and thirdperiodic reports(Add.1)Combined initialand secondperiodic reportsCombined initial,second and thirdperiodic reports

When Submitted17th Session(1997)

ExceptionalSession (2002)21st Session(1999)

25th Session(2001)

24th Session(2001)

27th Session(2002)

16th Session(1997)

27th Session(2002)

26th Session(2002)

CIPAF

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This report, written by nationalNGOs, can be used to highlightdisagreements with informationcontained in the National Reportor to provide additional infor-mation or data. For example,women’s groups working on theissue of violence against womenmay have statistics on rape thatthey have been collecting foryears while the governmentmay not yet have begun to dothis.

Shadow reports have becomeincreasingly useful to theCEDAW Committee as alter-native sources of information onreporting countries. The infor-

mation they provideis important becausegovernments, notsurprisingly, arerarely self-critical.They may omit orgloss over laws thatare discriminatoryor obstacles towomen's rights.Shadow reports canhelp Committeemembers in form-ulating questions onissues that thegovernment hasomitted to mentionor wishes to avoid.

The Committee may

also use NGO information, incombination with governmentresponses to its questions, whenpreparing its concludingcomments. In addition to read-ing the shadow reports, theCommittee has adopted thepractice of holding informalmeetings during its sessions inorder to hear country-specificinformation directly fromNGOs.

International NGOs, such as theCenter for Reproductive Lawand Policy (CRLP), have alsocollaborated with nationalNGOs on shadow reports thatare issue-specific. CRLP repre-sentatives and, where possible,representatives from collabo-rating NGOs have thendiscussed with the Committeeparticular issues and shortfallsin the protection and promotionof reproductive rights. TheInternational Women’s RightsAction Watch (IWRAW) Asia-Pacific is the leading NGO inproviding training to South-based NGOs on how to have aninput into the reporting process(see section 6).

What else can NGOs do

to encourage

implementation?

NGOs can press to be involvedin the preparation of theNational Report itself, asrecommended by the CEDAW

Committee. However, NationalReports are only submittedevery four years (at best), and sothe on-going role of NGOs is tocontinue monitoring theirgovernment's activities in themeantime.

Many NGOs have found thattheir government isn’t actuallyhostile to the Convention butdoes not know how to go aboutimplementing it. Officials mayneed training, some of whichNGOs have been able to supply.NGOs can also sometimesprovide a solution to problemsthat the government has said itcan’t solve because it would betoo expensive. In India, forexample, they came up with asimple way to register births.

NGOs can use the concludingcomments as a lobbying tool toencourage governments to takeaction along the lines recom-mended by the Committee andinstitute positive legal andpolicy reform at the nationallevel. Many Caribbean countrieshave embarked on a process ofconstitutional reform, in partbecause most of the inde-pendence constitutions werecreated with little or no inputfrom the people of the countriesconcerned. This offers animportant opportunity forlobbying for stronger protectionof women’s human rights (seeBox 7 in section 6).

What happens if a

country doesn’t live up

to its commitments under

the Convention?

No penalties or sanctions aregiven to governments that haveratified or acceded to CEDAWbut aren’t fulfilling their obliga-tions under the Convention.However, while governmentsrun the gamut from obstructiveto embracing of women's rights,no State is immune to publiccriticism. This is one reason whythe work of NGOs is soimportant.

Notes

1 Statement on the Eighteenth Session of

the Committee on the Elimination ofDiscrimination Against Women, 6 April1998.

2 As of 13 May 2004.

18 19

Dis Ah Hard Wuk/WICA Project, St. Vincent and the Grenadines

Sigrid Blohm/Voices Rising

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Convention (and date ofentering into force)

International Covenant on Economic, Social and CulturalRights (ICESCR) (1976)

International Covenant on Civiland Political Rights (ICCPR)(1976)• Optional Protocol to the ICCPR(1976)• Second Optional ProtocolAiming at the Abolition of theDeath Penalty (1991)

International Convention on theElimination of All Forms ofRacial Discrimination (CARD)(1969)

Convention on the Elimination ofAll Forms of Discriminationagainst Women (CEDAW) (1981)• Optional Protocol to CEDAW(2000)

Convention Against Torture andOther Cruel, Inhuman orDegrading Treatment orPunishment (CAT) (1987)

Convention on the Rights of theChild (CRC) (1990)• Optional Protocol on theinvolvement of children in armedconflict (2002)•Optional Protocol on the saleof children, child prostitution andchild pornography (2002)

What is an optional

protocol?

An optional protocol is a legalmechanism related to anexisting convention or covenant.It either provides additionalprocedures with regard to thetreaty or addresses an arearelated to the treaty.

Optional protocols to humanrights treaties are treaties intheir own right, and Statesparties to the original treatyhave to ratify or accede to themseparately.

What is the Optional

Protocol to CEDAW for?

The Optional Protocol toCEDAW creates a new mechan-ism for enforcement of theConvention. It allows individualwomen or groups of women tosubmit claims of violations oftheir rights directly to theCEDAW Committee. NGOs andother groups can representindividuals with the consent ofthe individuals, although incertain instances the Committeecan decide that such consentisn’t necessary.

A number of criteria have to bemet before claims can besubmitted, including theexhaustion of domestic reme-

dies (i.e. using all theprocedures available atthe national level toseek protection orjustice, such as taking acase to court or makinga complaint to thepolice). The OptionalProtocol also gives theCommittee powers ofinquiry into situationsof grave or systematicviolations of women'srights. These inquiriescan only be carried outin countries that areStates parties, andthere is also an ‘opt-out clause’in the Protocol that allowscountries to ratify it withoutcommitting themselves to theinquiry procedure.

Do other human rights

instruments have

optional protocols?

A number of other human rightsinstruments have optionalprotocols (see Table 4). Forexample, the first OptionalProtocol to the ICCPR is similarto the Optional Protocol toCEDAW in that it allowsindividuals who (a) are fromcountries that are party to theconvention and the protocol, (b)claim their rights under theconvention have been violatedand (c) have exhausted all

20 21

4. THE OPTIONAL PROTOCOL TO

CEDAW: A NEW MECHANISM FOR

ENFORCEMENT

Women’s groupsand human rights

organizationsshould continue tobe involved in theprocess of making

the OptionalProtocol toCEDAW a

meaningful tool forwomen seekingaccess to justice.– International

Women’s RightsAction Watch

(IWRAW) AsiaPacific website

Treaty Monitoring Body

Committee on Economic,Social and Cultural Rights

Committee on Human Rights

Committee for the Eliminationof Racial Discrimination

Committee for the Eliminationof Discrimination againstWomen

Committee Against Torture

Committee on the Rights of theChild

Table 4: UN Human Rights Conventions, Protocols

and Treaty Bodies

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domestic remedies, to submitwritten communications to thetreaty body (in this case, the UNCommittee on Human Rights).

The Convention on the Right ofthe Child has two optionalprotocols that deal with specificissues: one on the involvementof children in armed conflict andthe other on the sale of children,child prostitution and childpornography.

Is my country a party to

CEDAW’s Optional

Protocol?

The Optional Protocol, whichentered into force in December2000, had 68 States parties as of5 November 2004. Of thesecountries, only one (Belize) isamong the 25 Caribbeancountries covered by UNIFEMCaribbean. Therefore, womenin the other countries of theregion can’t use the provisionsof the Optional Protocol yet.

How can I get my

government to ratify the

Protocol?

Lobbying for ratification of theOptional Protocol is animportant activity for NGOs inthe region. In June 2002,IWRAW Asia Pacific launched aglobal campaign called ‘OurRights Are Not Optional!’. Thecampaign seeks to developstrategies that will encourageStates parties to ratify theOptional Protocol, particularlythose that have already ratifiedCEDAW. It also seeks topromote and build the capacityof women's groups to effectivelyuse and access the Protocol (seew w w . i w r a w - a p . o r g /protocol.htm).

What are some of the

important human rights

issues faced by

Caribbean women?

Women have made great stridesin the Caribbean in many areas,including access to educationand employment. Indeed, thereis a commonly expressed viewin the region that women are‘taking over’ and that men arethe ones being marginalized.

Nevertheless, systemic andstructural barriers to women’sequality remain and the goal ofgender justice continues to beelusive. Some of the importanthuman rights issues for womeninclude the following:

(a) Lack of political repre-sentation

Women’s participation in thepolitical process as voters andcampaigners is high. However,this hasn’t translated intoincreased numbers of women inelected office (UNECLAC, 1999).

The number of seats held bywomen in parliamentaryassemblies in the region rangesfrom 8.3 per cent in Antigua andBarbuda to 28.6 per cent inGrenada (UNDP, 2004) (seeTable 5).

(b) Inequality in thelabour market

Women’s unemploy-ment levels in theregion tend to behigher than men’s. InGrenada and St. Lucia,for example, the femalerate is almost twicethat of males. It is 45.5per cent in Antiguaand Barbuda, 48.4 percent in Barbados and55.5 per cent inDominica. In St.Vincent and the

22 23

5. THE RIGHTS OF WOMEN IN THE

CARIBBEAN

In spite of expandedopportunities for

women toparticipate in thepublic [arena],

archaic andideological relationsof gender prevent

the majority ofwomen from

exploiting these. – Violet Eudine

Barriteau, Director,Centre for Genderand DevelopmentStudies, Universityof The West Indies,Cave Hill Campus,

Barbados1

Table 5: Women’s Political

Participation2

Country

Antigua andBarbudaBahamasBarbadosBelizeDominicaGrenadaGuyanaJamaicaSt. Kitts andNevisSt. LuciaSt. Vincent andthe GrenadinesSurinameTrinidad andTobago

Seats inparliamentheld bywomen (%of total)

8.3

26.817.69.318.828.620.013.613.3

20.722.7

17.625.4

Women ingovernment atministeriallevel (% oftotal), 20010

16.714.311.1025.0…12.50

18.20

…8.7Ellon/WAND

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Grenadines, while women’sunemployment rate is lower at28.1 per cent, this isconsiderably higher than themale rate of 7.4 per cent (UNDevelopment System for theCaribbean, 2000).

In Barbados, Jamaica and St.Lucia, on the other hand, femaleemployment rates equal those ofmen (UNECLAC, 1999). How-ever, women still generally havemuch lower rates of pay.According to the latest HumanDevelopment Report, the ratioof estimated female earnedincome to estimated maleearned income (for countries forwhich data is available) rangesfrom 0.24 in Belize, to 0.45 inTrinidad and Tobago, to 0.66 inJamaica (UNDP, 2004).

(c) Increasing poverty

Women bear an unequal share

of the burden of poverty, andresearch in the WindwardIslands has shown widespreadevidence of the ‘feminization ofpoverty’ (Babb, 1998).3 Based onthe Head Count Index, thepercentage of the populationliving below the poverty lineranges from 8 per cent inBarbados to 33 per cent inDominica (Downes, 1999). Andfemale-headed households aremore likely than male-headedhouseholds to fall below thepoverty line (LeFranc and Lee,1999).

In this regard, 30.5 per cent offemale-headed households weredefined as poor in Belize asopposed to 23.6 per centof male-headed households(National Committee forFamilies and Children andUNICEF Belize, 1997). Femaleheadship in households is ashigh as 59 per cent in the OECS(Downes, 1999). Fifty per cent ofhouseholds in Antigua andBarbuda and 40 per cent in St.Vincent and the Grenadines arefemale headed (UN Develop-ment System for the Caribbean,2000). A recent study by thegovernment of St. Kitts andNevis shows that 47 per cent ofhouseholds there are female-headed (Hazelle, 2000).

A 1996 Inter-American Develop-ment Bank study in Barbadosrevealed that 12.7 per cent of all

households lived below thepoverty line and 60 per cent ofthese households were headedby women. In Jamaica, 47 percent of urban households areheaded by single women and ofthese 30 per cent live below thepoverty line (UNECLAC, 1999).

(d) Gender-based violence

The Convention of Belém doPará (see Box 5) defines violenceagainst women as “… any act orconduct, based on gender,which causes death or physical,sexual or psychological harm orsuffering to women, whether inthe public or the privatesphere”.

Across the region, there is anabsence of systematic researchand accurate statistics concern-ing violence against women.However, what evidence existssuggests that it is an increasingproblem (UN DevelopmentSystem for the Caribbean, 2000).

A number of sample surveysconducted on domestic violenceindicate that one in three adultwomen in relationships are thevictims of domestic abuse, andthat this “runs the gamut fromassault and battery toextraordinary sadism amount-ing to torture” (UNECLAC,2001). Reports from rape crisiscentres throughout the Carib-bean suggest that only one in

eight victims who go to thecentres for assistance report thesexual offence to the police(Clarke, 1998). A CARICOMstudy has found that thegreatest threat of violence towomen comes from theirfamilies and partners (Babb,1997).

Surveys from nine Caribbeancountries found that 48 per centof adolescent girls who hadexperienced intercourse report-ed that their first sexualintercourse had been forced(UNICEF/WHO/UNAIDS,2000). In several countries, 60per cent of young people havebeen initiated into sexualactivity by the age of 12(McEvoy, 2001). There continueto be some strong cultural andsocial beliefs and sexist attitudesabout women, as well as a

24 25

Box 5: The Convention of Belém

do Pará

All Caribbean countries have committedthemselves to implementing the Inter-American Convention on the Prevention,Punishment and Eradication of ViolenceAgainst Women (known as the Conventionof Belém do Pará after the city where it wassigned). Adopted by the Organization ofAmerican States (OAS) in 1994, thisrecognizes that violence against womenconstitutes a violation of human rights anddefines violence in both the public andprivate spheres. The Convention makesprovision for the right of individualcomplaint or petition.

LSBJ

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number of systemic inequalities,that make it difficult to tacklegender-based violence in theregion (Commonwealth Secret-ariat, 2003).

(e) The spread of HIV/AIDS

The Caribbean has the highestHIV/AIDS infection rate in theworld after sub-Saharan Africa.In five countries (the Bahamas,Belize, Guyana, Haiti andTrinidad and Tobago), nationalprevalence exceeds 2 per cent.Women make up nearly half ofthe 440,000 adults living withHIV in the region (UNAIDS/UNIFEM/UNFPA, 2004).

AIDS is the leading cause ofdeath for people aged 15-45 andthe number of cases is doublingevery two or three years. In theBahamas, for example, AIDSaccounts for 41.1 per cent ofdeaths of women in the 15-44age group (Gomez and Sealey,1997). Life expectancy at birth in

2010 is projected to be nine yearsless in Trinidad and Tobagothan it would have been withoutAIDS (Stanecki, 2004).

Teenage girls are more likely tobe infected than boys in thesame age group (10-19 years) –2.5 times more likely in Jamaica,for example (UNAIDS andWHO, 2004). This is partly dueto the fact that some girls havesexual relationships with oldermen who are more likely to beHIV-infected, often in exchangefor financial assistance. Follow-ing the increase of AIDS casesamong women, mother-to-childtransmission now accounts for 6per cent of all reported AIDScases.

(f) Girls dropping out of schooldue to teenage pregnancy

The incidence of teenagepregnancy has decreased in theregion but the rate is stillsignificant. Births to mothersunder 20 years in 1994 rangedfrom 0.7 per cent in Guyana to13.7 per cent in Trinidad andTobago (UNDP, 1999). Thereintegration of teenage mothersinto the education systemremains a challenge. There areno recent studies revealing thereturn rates of teenage mothersto school. A 1987 study fromJamaica found that 81 per centof mothers under 20 years don’tgo back to school after giving

birth (Leo-Rynie, 1989). (g) The intersection of differentforms of discrimination

Many women face multipletypes of discrimination, basednot only on their gender but alsoon their race and class. Gender,race and class are intersectingcategories of experience thataffect all aspects of life and actsimultaneously to structure theexperiences of women insociety. The linkages betweengender, racism and povertyhave been clearly shown.

What have Caribbean

States done to address

discrimination against

women?

(a) Legislation

National governments in anumber of Caribbean countrieshave used the CARICOM modellegislation (see Box 6) tointroduce new legislation and/or revise existing laws.

Practically all Caribbeancountries now have legislationaddressing domestic violence.

(b) Institutional and policyframeworks

A number of countries have alsodeveloped national genderplans and introduced othermeans of tackling discrimina-

tion. For example:Belize has developed a NationalStrategic Plan on Gender Equityand Equality (to implement theGovernment's commitmentsunder the Beijing Platform forAction) and introduced theWomen's Agenda 1998 on thelegal, socio-political and eco-nomic status of women. TheGovernment has also set a targetof at least 30 per cent women intop positions of the civil service,established a domestic violencetask force and is developing amulti-sectoral national familyviolence plan.

Guyana has adopted a NationalPlan of Action for Women 2000-2004 to address critical issuesaffecting women, such asemployment, violence againstwomen and women in decision-making. It has also introduced

26 27

Box 6: CARICOM Model

Legislation4

The CARICOM and CommonwealthSecretariats collaborated from 1989-1992 onthe development of model legislation onwomen’s human rights. The legislationcovers eight areas: domestic violence, sexualoffences, sexual harassment, equal pay,inheritance, citizenship, equality for womenin employment, and maintenance. This hasbeen drawn on by governments in a numberof countries in the region to revise and/orintroduce national laws. It has also beenused by NGOs and inter-governmentalagencies in advocacy work.

ISIS International

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mandatory representation of 331/3 per cent women on the listsof all political parties contestingnational and regional elections.

In St. Kitts and Nevis, theMinistry of Finance’s Five YearDevelopment Plan 1996–2000refers to identifying andremoving any obstacles towomen’s and girls’ equalparticipation in economic, socialand political life (UNECLAC,2000).

Trinidad and Tobago is in theprocess of developing a nationalgender policy and plan ofaction.

In addition, there is growingsupport in the region for familycourts, which have beenestablished in Belize, Grenada,Jamaica, St. Lucia and St. Vincentand the Grenadines. This is in linewith a suggestion in theCARICOM model legislationthat domestic violence casesshould be heard at themagisterial level anddecentralized. The courts arestaffed by trained judiciary andsupported by social services(Johnson, 2004).

Notes

1 ‘Are Caribbean Women Taking Over?

Contradictions for Women in CaribbeanSociety’. Inaugural Dame Nita BarrowLecture, Toronto, December 1997.

2 Source: UNDP, 2004.

3 In other words, the gap between

women and men caught in the cycle ofpoverty continues to widen, withincreasing numbers of women fallingbelow the poverty level.

4 Source: Commonwealth Secretariat,

2003.

How can I ensure that

women’s human rights

are respected in my

country?

There are a number of thingsthat you can do to promote theelimination of discriminationagainst women. You can:

• Keep yourself informed oflaws and policies that affectwomen and women’s rightsand lobby against dis-criminatory provisions.

• Join an NGO that is workingin the area of women’shuman rights or supportsuch an organization’s work.

• Monitor your country’sreporting status to CEDAWto ensure the government isreporting regularly.

• Prepare a shadow report toprovide information to theCEDAW Committee that islacking in your government’sNational Report.

• Campaign for the humanrights that are guaranteed bythe Convention and lobby toensure that your governmentrevises and updates nationallegislation dealing withwomen’s rights.

• Advocate for the develop-ment and execution oftraining programmes geared

at those who imple-ment, enforce andmonitor new laws(including police,professionals, thejudiciary and socialservice agencies).

• Lobby for thedevelopment andimplementation ofpublic informationp r o g r a m m e sdesigned to informwomen and child-ren about changesin the law that willaffect them andinfluence their owndecisions.

• Work to ensure thatwomen’s humanrights are morestrongly protectedin your constitution as partof the current process ofconstitutional reform (seeBox 7 on page 30).

28 29

6. CEDAW AND YOU

Today when I amasked, “What canthe Convention

really do forwomen?” I replysoftly, “What do

you plan to do withthe Convention?”.– Shanthi Dairiam,Director, IWRAW

Asia Pacificl1

It is the work atnational level that

is going to make thedifference.

– Peggy Antrobus,Former

Tutor/Coordinator,Women and

Development Unit(WAND),

University of theWest Indies, and

Co-Founder,DAWN Network2

LSBJ

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Why should I monitor my

government’s steps to

review and revise

legislation to include

the rights of women?

After signing the Convention,governments are required totake the necessary legislativemeasures to make the rights areality. In some cases, nationallegislation hasn’t been changedto address the social andeconomic factors that negativelyimpact on women’s lives, suchas increased gender-basedviolence. It is therefore import-

ant to lobby your government toensure that the review andrevision take place.

A human rights convention isonly effective when ratifyingStates transform their treatycommitments into action.Frequently, it is the activities ofnational-level NGOs that haveencouraged governments to actand brought about changes indiscriminatory laws. Evenwhere governments are com-mitted to legislative reform, theymay not be willing to carry outthe public education needed toovercome discriminatory cus-toms and traditions. NGOs areoften in a better position toundertake this.

What are some areas of

laws/policies that can

be changed to be more

supportive of women’s

rights?

Nationality – The Conventionstates that women should begranted equal rights with mento acquire, change and retainnationality and to pass on theirnationality to their children(article 9). Laws stating thatwomen can’t pass on citizenshipto their non-national husbandsand children, which still exist ina few Caribbean countries, arein violation of the provisions ofthe Convention and should berevised.

Access to education for teenagemothers – In some countriesdiscriminatory administrative orbureaucratic practice hasresulted in teenage mothersbeing excluded from theeducation system. This isdiscrimination based on sex. Itshould be revised so thatteenage mothers can exercisetheir right to return to school.

Violence against women – TheCEDAW Committee has urgedgovernments to place a highpriority on measures to addressviolence against women in thefamily and in society inaccordance with GeneralRecommendation 19. This in-cludes measures to raise publicawareness about the issue.

Women in decision-making –To increase the number ofwomen in decision-makingbodies at all levels and in allareas, the Committee hasrecommended the use oftemporary special measures inaccordance with article 4 (1) ofthe Convention. Quotas are onesuch measure.

How can I get copies of

the CEDAW Committee

recommendations and

concluding comments?

Copies of the recommendationsshould be available at Depart-ments of Women’s/Gender

Affairs or Women’s Desks. Allreports, recommendations andcomments made on them by theCEDAW Com-mittee aresupposed to be made widelyavailable in the country to assistin promoting general publicdiscussions on the situation ofwomen and the issues to beaddressed. If you have access tothe Internet, you can find thecomments atwww1.umn.edu/humanrts/cedaw/ orwww.un.org/womenwatch/d a w / c e d a w / r e p o r t s . h t m #examined

Where can I find more

information on women’s

human rights and

CEDAW?

(a) Contact your country’sWomen’s/Gender Bureau.

(b) Contact any women’s NGO.

30 31

Box 7: CEDAW and

Constitutional Reform3

The success in Guyana in recentconstitutional reforms in incorporatingCEDAW and other human rights conven-tions into the constitutional framework isgroundbreaking and an example for otherCaribbean countries involved in similarprocesses. In its concluding comments onthe second periodic report of Guyana in2001, the CEDAW Committee welcomed theconstitutional reform process that “led tothe recognition of non-discrimination on thebasis of sex, gender, marital status andpregnancy as a fundamental human rightenshrined in the Constitution”. It alsowelcomed the passage of Bill No. 6 of 2001,“which provides for the establishment ofconstitutional commissions, including theWomen and Gender Equality Commission,which will be responsible for ensuring thatwomen are not discriminated against in anysector of society”.

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(c) Visit any of the followingweb sites:

• UNIFEM Caribbean:www.unifemcar.org

• UNIFEM Headquarters:www.unifem.org/ (follow thelink to Women’s Human Rights)

• CEDAW:www.un.org/womenwatch/daw/cedaw/ The Division for the Advance-ment of Women (DAW) is partof the UN system and providessubstantive and technicalservicing to the Committee onthe Elimination of Discrimina-tion against Women.3

• International Women’s RightsAction Watch (IWRAW):http://iwraw.igc.org/ IWRAW is an internationalNGO that was organized in 1985at the World Conference onWomen in Nairobi, Kenya, topromote recognition of women’shuman rights under CEDAW.

• International Women’s RightsAction Watch (IWRAW) Asia-Pacific: http://iwraw-ap.org/ IWRAW Asia Pacific is based inthe South. It promotes thedomestic implementation ofinternational human rightsstandards by building thecapacity of women and humanrights advocates to claim andrealize women's human rightsthrough, for example, trainingon shadow reporting.

(d) Consult some of thefollowing publications (and seethe references on page 34):

Byrnes, Andrew, Jane Connorsand Lum Bik (eds.) (1997).Advancing the Human Rights ofWomen: Using InternationalHuman Rights Standards inDomestic Legislation. London:Commonwealth Secretariat.

Commonwealth Secretariat(2004). Gender and Human Rightsin the Commonwealth: SomeCritical Issues for Action in theDecade 2005-2015. London:Commonwealth Secretariat.

Cook, Rebecca (ed.) (1994).Human Rights of Women: Nationaland International Perspectives.Philadelphia, PA: University ofPennsylvania Press.

International Women’s TribuneCentre (IWTC) (1998). Rights of

Women: A Guide to the MostImportant United Nations Treatieson Women’s Human Rights. NewYork: IWTC.

IWRAW (2000). Assessing theStatus of Women: A Guide toReporting Under the Conventionon the Elimination of All Forms ofDiscrimination against Women.http://iwraw.igc.org/publications.htm

Landsberg-Lewis, Ilana (ed.)(1998). (see page 35).

McPhedran, Marilou, SusanBazilli, Moana Erickson andAndrew Byrnes (2000). The FirstCEDAW Impact Study: FinalReport. Ontario: The Centre forFeminist Research, YorkUniversity, and the InternationalWomen’s Rights Project.

Mertus, Julie with Malika Duttand Nancy Flowers (1998). LocalAction/Global Change: LearningAbout the Human Rights ofWomen and Girls. New York:UNIFEM/Center for Women’sGlobal Leadership.

Timothy, Kristen and MarshaFreeman (2000). (see page 35).

UNIFEM (2001).Turning the Tide:CEDAW and the GenderDimensions of the HIV/AIDSpandemic. New York: UNIFEM.

UNIFEM and BMZ (forth-

coming). CEDAW, Beijing and theMillennium Development Goals: APathway to Action for GenderEquality.

UNIFEM/UNICEF (1995).Advocacy Kit on CEDAW. NewYork: UNIFEM.

Wolper, Andrea and Julie Peters(1995). Women’s Rights, HumanRights: International FeministPerspectives. New York: Rout-ledge.

Women, Law and DevelopmentInternational (1997). Women’sHuman Rights Step by Step: APractical Guide for UsingInternational Human Rights Lawand Mechanisms to DefendWomen’s Human Rights.Washington, DC: WLDI/Women’s Rights Project.

Notes

1 Introduction to Landsberg-Lewis,

1998.

2 Cited in van der Gaag, 1995.

3 From 1996-1997, the Director of DAW

was Angela King, a Jamaican.

32 33

Anne S. Walker/IWTC

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References

Adams, Kirstine and AndrewByrnes (eds.) (1999). GenderEquality and the Judiciary: UsingInternational Human RightsStandards to Promote the HumanRights of Women and the Girl-Child at the National Level.L o n d o n : C o m m o n w e a l t hSecretariat.

Babb, Cecelia (1998). ‘SituationalAnalysis: Gender, Women andPoverty in the WindwardIslands’. Prepared for UNIFEMCaribbean Office and UNDP,Barbados, March.

Babb, Cecelia (1997). ‘TakingAction Against Violence: A CaseStudy of Trinidad and Tobago’.In Ann Marie Brasiliero (ed.).Violence Against Women: Breakingthe Silence. New York: UNIFEM.

Chinkin, Christine (2001). GenderMainstreaming in the Legal andConstitutional Sector. London:Commonwealth Secretariat.

Clarke, Roberta (1998). ViolenceAgainst Women in the Caribbean:State and Non-State Responses.New York: UNIFEM.

Commonwealth Secretariat(2003). Integrated Approaches toEliminate Gender-based Violence.London: Commonwealth Secre-tariat.

Commonwealth Secretariat(2002). Gender Mainstreaming inHIV/AIDS: Taking a MultisectoralApproach. London: Common-wealth Secretariat.

Downes, Andrew (1999).‘Women, Gender and Poverty:Eastern Caribbean Dimensions’.Paper presented at UNIFEM-sponsored workshop, January.

Friedman, Elisabeth (1995).‘Women’s Human Rights: TheEmergence of a Movement’. InA. Wolper and J. Peters (eds.)Women’s Rights, Human Rights:International Feminist Pers-pectives. New York: Routledge.

Gomez, E. and K. Sealey (1997).‘Women, Health and Develop-ment’. In Health Conditions in theCaribbean. Washington DC:PAHO.

Hazelle, Rosalyn (2000). Speechat the Opening Ceremony of theUN General Assembly SpecialSession on Beijing plus Five,New York.

Johnson, Tina (2004). ‘Meetingthe Challenge to End Gender-based Violence’. In Gender andHuman Rights in the Common-wealth: Some Critical Issues forAction in the Decade 2005-2015.London: Commonwealth Secret-ariat.

Landsberg-Lewis, Ilana (ed.)(1998). Bringing Equality Home:Implementing CEDAW. NewYork: UNIFEM.

LeFranc, E. and A. Lee (1999).‘Poverty and Gender in theCaribbean’. February.

Leo-Rynie, E. (1989). ‘Gender inEducation: Labour ForceImplications for Women and theSexual Division of Labour in theCaribbean’. Consortium Grad-uate School of Social Sciences,Mona, Jamaica.

McEvoy, Peggy (2001).‘Caribbean Crossroads’. TheWashington Quarterly, 24 (1).

National Committee forFamilies and Children andUNICEF Belize (1997). ‘TheRight to A Future – A Situa-tional Analysis of Children inBelize’.

Stanecki, K. (2004). The AIDSPandemic in the 21st Century.Washington, DC: USAID, USCensus Bureau. March.

Timothy, Kristen and MarshaFreeman (2000). The CEDAWConvention and the BeijingPlatform for Action: Reinforcingthe Promise of the Rights Frame-work. Minnesota: University ofMinnesota.

UNAIDS, UNIFEM, UNFPA(2004). Women and HIV/AIDS: Confronting the Crisis.http://www.unfpa.org/

UNAIDS and WHO (2004).AIDS Epidemic Update 2004.Geneva: UNAIDS.

UN Development System for theCaribbean (2000). Sub-RegionalCommon Assessment of Barbadosand the OECS. January.

UNDP (2004). Human Develop-ment Report 2004: Cultural Libertyin Today’s Diverse World. NewYork: UNDP.

UNDP (1999). Human Develop-ment Report 1999: Globalizationwith a Human Face. New York:UNDP.

UNECLAC (2001). ‘An Evalua-tive Study of the Implemen-tation of Domestic ViolenceLegislation: Antigua andBarbuda, St Kitts and Nevis, StLucia and St Vincent and theGrenadines’. UNECLAC, 23November, General LC/CAR/G.659.

34 35

Cayenne

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UNECLAC (2000). Study ofGender Mainstreaming in theCaribbean. Port of Spain,Trinidad: UNECLAC. LC/CAR/G.607.

UNECLAC (1999). ‘CaribbeanSub-regional Review andAppraisal Report on theImplementation of the BeijingPlatform for Action’. November.

UNICEF, WHO and UNAIDS(2000). ‘The HIV/AIDS Pan-demic and its Gender Impli-

cations.’ Report of the ExpertGroup Meeting, Windhoek,Namibia, November 13-17.

van der Gaag, Nikki (1995).‘Women: Still something toshout about’. New Internationalist270.

World Bank, The (2000).HIV/AIDS in the Caribbean: ABackground Report. HumanDevelopment Sector Manage-ment Unit, June.

36 37

Tracey Johnson/CAFRA News

Glossary and

Acronyms

Accession: Agreeing to bebound by a treaty (likeratification - see below - exceptnot preceded by an act ofsignature).

CARD: International Conven-tion on the Elimination of AllForms of Racial Discrimination.

CARICOM: Caribbean Com-munity.

CAT: Convention AgainstTorture and Other Cruel,Inhuman or Degrading Treat-ment or Punishment.

CEDAW: Convention on theElimination of All Forms ofDiscrimination against Women.

Concluding comments: Thesecomments from the CEDAWCommittee on States’ NationalReports make recommendationson how the Convention couldbe further implemented and arethus useful for NGOs inlobbying work.

Covenant/Convention/Treaty:An international agreementconcluded between countries inwriting and governed byinternational law. For allpurposes, all three words meanthe same thing.

CRC: Convention on the Rightsof the Child.

CRLP: Center for ReproductiveLaw and Policy.

CSW: Commission on the Statusof Women (UN).

Customary international law: Ageneral and consistent practicefollowed by States, derivingfrom a sense of legal obligation,which is then accepted as thenorm or standard all countriesshould abide by.

DAW: Division for theAdvancement of Women (UN).

Gender: Sex is the biologicaldifference between women andmen and is determined at birth.Gender, on the other hand,refers to the roles and res-ponsibilities of women and menthat are created by social andcultural expectations aboutappropriate behaviour andactivities (femininity andmasculinity). These can changeover time and vary within andbetween cultures.

Gender mainstreaming: Mak-ing women’s concerns andexperiences as well as men’s anintegral part of the design,monitoring and implementationof all plans, policies andprogrammes.

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General Recommendation:Article 21 of CEDAW empowersthe CEDAW Committee to makesuggestions and generalrecommendations based on theexamination of reports andinformation received from Statesparties. At its tenth session in1991, the Committee decided toadopt the practice of issuinggeneral recommendations onspecific provisions of theConvention and on the relation-ship between the Conventionarticles and ‘cross-cutting’themes (see list on page 54.)

ICCPR: International Covenanton Civil and Political Rights.

ICESCR: International Coven-ant on Economic, Social andCultural Rights.

IWRAW: International Women’sRights Action Watch.

NGO: non-governmental organ-ization.

Optional protocol: A legalmechanism related to anexisting convention or covenant,which addresses points notcovered by the convention orcovenant in question. It needsseparate ratification.

Ratification: A country's formalagreement to be legally boundby a treaty, normally includingsome parliamentary process,

after a country has signed thetreaty. As a result, the countrybecomes a State party.

Reservation: A statement thatmodifies or limits the sub-stantive effect of one or more ofthe provisions of a treaty.

State: A technical term for acountry, used to refer to themembers of the United Nations.States are the ‘parties’ that takepart in international law.

UDHR: Universal Declaration ofHuman Rights.

UNAIDS: Joint United NationsProgramme on HIV/AIDS.

UNDP: United Nations Dev-elopment Programme.

UNECLAC: United NationsEconomic Commission for LatinAmerica and the Caribbean.

UNFPA: United Nations Popu-lation Fund.

UNICEF : United NationsChildren’s Fund.

UNIFEM: United NationsDevelopment Fund for Women.

WHO: World Health Organization.

38 39

I. The Text of the

Convention

Adopted: 18 December 1979Came into force: 3 September 1981

Convention on the

Elimination of All Forms

of Discrimination against

Women

The States Parties to the presentConvention,

Noting that the Charter of theUnited Nations reaffirms faith infundamental human rights, inthe dignity and worth of thehuman person and in the equalrights of men and women,

Noting that the UniversalDeclaration of Human Rightsaffirms the principle of theinadmissibility of discriminationand proclaims that all humanbeings are born free and equalin dignity and rights and thateveryone is entitled to all therights and freedoms set forththerein, without distinction ofany kind, including distinctionbased on sex,

Noting that the States Parties tothe International Covenants onHuman Rights have theobligation to ensure the equalright of men and women toenjoy all economic, social,cultural, civil and politicalrights,

Considering the internationalconventions concluded underthe auspices of the UnitedNations and the specializedagencies promoting equality ofrights of men and women,

Noting also the resolutions,declarations and recommend-ations adopted by the UnitedNations and the specializedagencies promoting equality ofrights of men and women,

Concerned, however, that despitethese various instrumentsextensive discrimination againstwomen continues to exist,

Recalling that discriminationagainst women violates theprinciples of equality of rightsand respect of human dignity, isan obstacle to the participationof women, on equal terms withmen, in the political, social,economic and cultural life oftheir countries, hampers thegrowth of the prosperity ofsociety and the family andmakes more difficult the fulldevelopment of the potent-ialities of women in the serviceof their countries and ofhumanity,

Concerned that in situations ofpoverty women have the leastaccess to food, health, edu-cation, training and oppor-tunities for employment andother needs,

appendices

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Convinced that the establishmentof the new internationaleconomic order based on equityand justice will contributesignificantly towards thepromotion of equality betweenmen and women,

Emphasizing that the eradicationof apartheid, of all forms ofracism, racial discrimination,colonialism, neo-colonialism,aggression, foreign occupationand domination and inter-ference in the internal affairs ofStates is essential to the fullenjoyment of the rights of menand women,

Affirming that the strengtheningof international peace andsecurity, relaxation of inter-national tension, mutual co-operation among all Statesirrespective of their social andeconomic systems, general andcomplete disarmament, and inparticular nuclear disarmamentunder strict and effectiveinternational control, theaffirmation of the principles ofjustice, equality and mutualbenefit in relations amongcountries and the realization ofthe right of peoples under alienand colonial domination andforeign occupation to self-determination and indepen-dence, as well as respect fornational sovereignty andterritorial integrity, will promotesocial progress and develop-

ment and as a consequence willcontribute to the attainment offull equality between men andwomen,

Convinced that the full andcomplete development of acountry, the welfare of theworld and the cause of peacerequire the maximum participa-tion of women on equal termswith men in all fields,

Bearing in mind the greatcontribution of women to thewelfare of the family and to thedevelopment of society, so farnot fully recognized, the socialsignificance of maternity and therole of both parents in the familyand in the upbringing ofchildren, and aware that the roleof women in procreation shouldnot be a basis for discriminationbut that the upbringing ofchildren requires a sharing ofresponsibility between men andwomen and society as a whole,

Aware that a change in thetraditional role of men as well asthe role of women in society andin the family is needed toachieve full equality betweenmen and women,

Determined to implement theprinciples set forth in theDeclaration on the Eliminationof Discrimination againstWomen and, for that purpose, toadopt the measures required for

the elimination of suchdiscrimination in all its formsand manifestations,

Have agreed on the following:

PART I

Article 1

For the purposes of the presentConvention, the term ‘discrimi-nation against women’ shallmean any distinction, exclusionor restriction made on the basisof sex which has the effect orpurpose of impairing ornullifying the recognition, en-joyment or exercise by women,irrespective of their maritalstatus, on a basis of equality ofmen and women, of humanrights and fundamental free-doms in the political, economic,social, cultural, civil and anyother field.

Article 2

States Parties condemn discrimi-nation against women in all itsforms, agree to pursue by allappropriate means and withoutdelay a policy of eliminatingdiscrimination against womenand, to this end, undertake:

a) To embody the principle ofthe equality of men andwomen in their nationalconstitutions or otherappropriate legislation if not

yet incorporated therein andto ensure, through law andother appropriate means, thepractical realization of thisprinciple;

b) To adopt appropriate legis-lative and other measures,including sanctions whereappropriate, prohibiting alldiscrimination against women;

c) To establish legal protectionof the rights of women on anequal basis with men and toensure through competentnational tribunals and otherpublic institutions theeffective protection ofwomen against any act ofdiscrimination;

d) To refrain from engaging inany act or practice ofdiscrimination against wo-men and to ensure thatpublic authorities andinstitutions shall act inconformity with this obliga-tion;

e) To take all appropriatemeasures to eliminate dis-crimination against womenby any person, organizationor enterprise;

f) To take all appropriatemeasures, including legis-lation, to modify or abolishexisting laws, regulations,customs and practices whichconstitute discriminationagainst women;

g) To repeal all national penalprovisions which constitutediscrimination against women.

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Article 3

States Parties shall take in allfields, in particular in thepolitical, social, economic andcultural fields, all appropriatemeasures, including legislation,to ensure the full developmentand advancement of women, forthe purpose of guaranteeingthem the exercise and enjoymentof human rights and funda-mental freedoms on a basis ofequality with men.

Article 4

1. Adoption by States Parties oftemporary special measuresaimed at accelerating de factoequality between men andwomen shall not be considereddiscrimination as defined in thepresent Convention, but shall inno way entail as a consequencethe maintenance of unequal orseparate standards; thesemeasures shall be discontinuedwhen the objectives of equalityof opportunity and treatmenthave been achieved.

2. Adoption by States Parties ofspecial measures, includingthose measures contained in thepresent Convention, aimed atprotecting maternity shall not beconsidered discriminatory.

Article 5

States Parties shall take all

appropriate measures:

a) To modify the social andcultural patterns of conductof men and women, with aview to achieving theelimination of prejudice andcustomary and all otherpractices which are based onthe idea of the inferiority orthe superiority of either ofthe sexes or on stereotypedroles for men and women;

b) To ensure that familyeducation includes a properunderstanding of maternityas a social function and therecognition of the commonresponsibility of men andwomen in the upbringingand development of theirchildren, it being understoodthat the interest of thechildren is the primordialconsideration in all cases.

Article 6

States Parties shall take allappropriate measures, includinglegislation, to suppress all formsof traffic in women andexploitation of prostitution ofwomen.

PART II

Article 7

State Parties shall take allappropriate measures toeliminate discrimination against

women in the political andpublic life of the country and, inparticular, shall ensure towomen, on equal terms withmen, the right:

a) To vote in all elections andpublic referenda and to beeligible for selection to allpublicly elected bodies;

b) To participate in the for-mulation of governmentpolicy and the implementa-tion thereof and to holdpublic office and perform allpublic functions at all levelsof government;

c) To participate in non-governmental organizationsand associations concernedwith the public and politicallife of the country.

Article 8

States Parties shall take allappropriate measures to ensureto women, on equal terms withmen and without any dis-crimination, the opportunity torepresent their Governments atthe international level and toparticipate in the work ofinternational organizations.

Article 9

1. States Parties shall grantwomen equal rights with men toacquire, change or retain theirnationality. They shall ensure inparticular that neither marriage

to an alien nor change ofnationality by the husbandduring marriage shall auto-matically change the nationalityof the wife, render her statelessor force upon her the nationalityof her husband.

2. States Parties shall grantwomen equal rights with menwith respect to the nationality oftheir children.

PART III

Article 10

States Parties shall take allappropriate measures to elimi-nate discrimination againstwomen in order to ensure tothem equal rights with men inthe field of education and inparticular to ensure, on a basisof equality of men and women:

a) The same conditions forcareer and vocational gui-dance, for access to studiesand for the achievement ofdiplomas in educationalestablishments of all cate-gories in rural as well as inurban areas; this equalityshall be ensured in pre-school, general, technical,professional and highertechnical education, as wellas in all types of vocationaltraining;

b) Access to the same curricula,the same examinations,

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teaching staff with qualifi-cations of the same standardand school premises andequipment of the samequality;

c) The elimination of anystereotyped concept of theroles of men and women atall levels and in all forms ofeducation by encouragingcoeducation and other typesof education which will helpto achieve this aim and, inparticular, by the revision oftextbooks and school pro-grammes and the adaptationof teaching methods;

d) The same opportunities tobenefit from scholarshipsand other study grants;

e) The same opportunities foraccess to programmes ofcontinuing education, includ-ing adult and functionalliteracy programmes, par-ticularly those aimed atreducing, at the earliestpossible time, any gap ineducation existing betweenmen and women;

f) The reduction of femalestudent drop-out rates andthe organization of pro-grammes for girls andwomen who have left schoolprematurely;

g) The same opportunities toparticipate actively in sportsand physical education.

h) Access to specific educa-tional information to help toensure the health and well-

being of families, includinginformation and advice onfamily planning.

Article 11

1. States Parties shall take allappropriate measures to elimi-nate discrimination againstwomen in the field of employ-ment in order to ensure, on abasis of equality of men andwomen, the same rights, inparticular:

a) The right to work as aninalienable right of allhuman beings;

b) The right to the sameemployment opportunities,including the application ofthe same criteria for selectionin matters of employment;

c) The right of free choice ofprofession and employment,the right to promotion, jobsecurity and all benefits andconditions of service and theright to receive vocationaltraining and retraining,including apprenticeships,advanced vocational trainingand recurrent training;

d) The right of equal re-muneration, including bene-fits, and to equal treatment inrespect of work of equalvalue, as well as equality oftreatment in the evaluationof the quality of work;

e) The right to social security,particularly in cases of

retirement, unemployment,sickness, invalidity and oldage and other incapacity towork, as well as the right topaid leave;

f) The right to protection ofhealth and to safety in work-ing conditions, including thesafeguarding of the functionof reproduction.

2. In order to prevent dis-crimination against women onthe grounds of marriage ormaternity and to ensure theireffective right to work, StateParties shall take appropriatemeasures:

a) To prohibit, subject to theimposition of sanctions,dismissal on the ground ofpregnancy or of maternityleave and discrimination indismissals on the basis ofmarital status;

b) To introduce maternity leavewith pay or with comparablesocial benefits without loss offormer employment, senior-ity or social allowances;

c) To encourage the provisionof the necessary supportingsocial services to enableparents to combine familyobligations with work re-sponsibilities and partici-pation in public life, inparticular through promot-ing the establishment anddevelopment of a network ofchild-care facilities;

d) To provide special protectionto women during pregnancyin types of work proved to beharmful to them.

3. Protective legislation relatingto matters covered in this articleshall be reviewed periodically inthe light of scientific and tech-nological knowledge and shallbe revised, repealed or extendedas necessary.

Article 12

1. States Parties shall take allappropriate measures to elimi-nate discrimination againstwomen in the field of healthcare in order to ensure, on abasis of equality of men andwomen, access to health-careservices, including those relatedto family planning.

2. Notwithstanding the pro-visions of paragraph 1 of thisarticle, States Parties shallensure to women appropriateservices in connection withpregnancy, confinement and thepost-natal period, granting freeservices where necessary, aswell as adequate nutritionduring pregnancy and lactation.

Article 13

States Parties shall take allappropriate measures toeliminate discrimination againstwomen in other areas of

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economic and social life in orderto ensure, on a basis of equalityof men and women, the samerights, in particular:

a) The right to family benefits; b) The right to bank loans,

mortgages and other formsof financial credit;

c) The right to participate inrecreational activities, sportsand all aspects of culturallife.

Article 14

1. States Parties shall take intoaccount the particular problemsfaced by rural women and thesignificant roles which ruralwomen play in the economicsurvival of their families,including their work in the non-monetized sectors of theeconomy, and shall take allappropriate measures to ensurethe application of the provisionsof this Convention to women inrural areas.

2. States Parties shall take allappropriate measures to elimi-nate discrimination againstwomen in rural areas in order toensure, on a basis of equality ofmen and women, that theyparticipate in and benefit fromrural development and, inparticular, shall ensure to suchwomen the right:

a) To participate in the elabora-

tion and implementation ofdevelopment planning at alllevels;

b) To have access to adequatehealth-care facilities, includ-ing information, counsellingand services in familyplanning;

c) To benefit directly fromsocial security programmes;

d) To obtain all types of trainingand education, formal andnon-formal, including thatrelating to functional literacy,as well as, inter alia, thebenefit of all community andextension services, in orderto increase their technicalproficiency;

e) To organize self-help groupsand co-operatives in order toobtain equal access toeconomic opportunitiesthrough employment or self-employment;

f) To participate in allcommunity activities;

g) To have access to agriculturalcredit and loans, marketingfacilities, appropriate tech-nology and equal treatmentin land and agrarian reformas well as in land re-settlement schemes;

h) To enjoy adequate livingconditions, particularly inrelation to housing,sanitation, electricity andwater supply, transport andcommunications.

PART IV

Article 15

1. States Parties shall accord towomen equality with menbefore the law.

2. States Parties shall accord towomen, in civil matters, a legalcapacity identical to that of menand the same opportunities toexercise that capacity. Inparticular, they shall givewomen equal rights to concludecontracts and to administerproperty and shall treat themequally in all stages ofprocedure in courts andtribunals.

3. States Parties agree that allcontracts and all other privateinstruments of any kind with alegal effect which is directed atrestricting the legal capacity ofwomen shall be deemed nulland void.

4. States Parties shall accord tomen and women the same rightswith regard to the law relatingto the movement of persons andthe freedom to choose theirresidence and domicile.

Article 16

1. States Parties shall take allappropriate measures toeliminate discrimination againstwomen in all matters relating tomarriage and family relations

and in particular shall ensure,on a basis of equality of menand women:

a) The same right to enter intomarriage;

b) The same right freely tochoose a spouse and to enterinto marriage only with theirfree and full consent;

c) The same rights and re-sponsibilities during mar-riage and at its dissolution;

d) The same rights andresponsibilities as parents,irrespective of their maritalstatus, in matters relating totheir children; in all cases theinterests of the children shallbe paramount;

e) The same rights to decidefreely and responsibly on thenumber and spacing of theirchildren and to have accessto the information, educationand means to enable them toexercise these rights;

f) The same rights and respons-ibilities with regard to guar-dianship, wardship, trustee-ship and adoption ofchildren, or similar institu-tions where these conceptsexist in national legislation;in all cases the interests ofthe children shall be para-mount;

g) The same personal rights ashusband and wife, includingthe right to choose a familyname, a profession and anoccupation;

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h) The same rights for bothspouses in respect of theownership, acquisition, man-agement, administration,enjoyment and disposition ofproperty, whether free ofcharge or for a valuableconsideration.

2. The betrothal and themarriage of a child shall have nolegal effect, and all necessaryaction, including legislation,shall be taken to specify aminimum age for marriage andto make the registration ofmarriages in an official registrycompulsory.

PART V

Article 17

1. For the purpose of con-sidering the progress made inthe implementation of thepresent Convention, there shallbe established a Committee onthe Elimination of Discrimina-tion against Women (hereinafterreferred to as the Committee)consisting, at the time of entryinto force of the Convention, ofeighteen and, after ratification ofor accession to the Conventionby the thirty-fifth State Party, oftwenty-three experts of highmoral standing and competencein the field covered by theConvention.

The experts shall be elected by

States Parties from among theirnationals and shall serve in theirpersonal capacity, considerationbeing given to equitable geo-graphical distribution and to therepresentation of the differentforms of civilization as well asthe principal legal systems.

2. The members of theCommittee shall be elected bysecret ballot from a list ofpersons nominated by StatesParties. Each State Party maynominate one person fromamong its own nationals.

3. The initial election shall beheld six months after the date ofthe entry into force of thepresent Convention. At leastthree months before the date ofeach election the Secretary-General of the United Nationsshall address a letter to theStates Parties inviting them tosubmit their nominations withintwo months. The Secretary-General shall prepare a list inalphabetical order of all personsthus nominated, indicating theStates Parties which havenominated them, and shallsubmit it to the States Parties.

4. Elections of the members ofthe Committee shall be held at ameeting of States Partiesconvened by the Secretary-General at United NationsHeadquarters. At that meeting,for which two thirds of the

States Parties shall constitute aquorum, the persons elected tothe Committee shall be thosenominees who obtain the largestnumber of votes and an absolutemajority of the votes of therepresentatives of States Partiespresent and voting.

5. The members of theCommittee shall be elected for aterm of four years. However, theterms of nine of the memberselected at the first election shallexpire at the end of two years;immediately after the firstelection the names of these ninemembers shall be chosen by lotby the Chairman of theCommittee.

6. The election of the fiveadditional members of theCommittee shall be held inaccordance with the provisionsof paragraphs 2, 3 and 4 of thisarticle, following the thirty-fifthratification or accession. Theterms of two of the additionalmembers elected on thisoccasion shall expire at the endof two years, the names of thesetwo members having beenchosen by lot by the Chairmanof the Committee.

7. For the filling of casualvacancies, the State Party whoseexpert has ceased to function asa member of the Committeeshall appoint another expertfrom among its nationals,

subject to the approval of theCommittee.

8. The members of theCommittee shall, with theapproval of the General Assem-bly, receive emoluments fromUnited Nations resources onsuch terms and conditions as theAssembly may decide, havingregard to the importance of theCommittee's responsibilities.

9. The Secretary-General of theUnited Nations shall providethe necessary staff and facilitiesfor the effective performance ofthe functions of the Committeeunder the present Convention.

Article 18

1. State Parties undertake tosubmit to the Secretary-Generalof the United Nations, forconsideration by the Committee,a report on the legislative,judicial, administrative or othermeasures which they haveadopted to give effect to theprovisions of the presentConvention and on the progressmade in this respect:

a) Within one year after theentry into force for the Stateconcerned; and

b) Thereafter at least every fouryears and further wheneverthe Committee so requests.

2. Reports may indicate factors

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and difficulties affecting thedegree of fulfilment of obli-gations under the presentConvention.

Article 19

1. The Committee shall adopt itsown rules of procedure.

2. The Committee shall elect itsofficers for a term of two years.

Article 20

1. The Committee shall normallymeet for a period of not morethan two weeks annually inorder to consider the reportssubmitted in accordance witharticle 18 of the present Con-vention.1

2. The meetings of the Com-mittee shall normally be held atUnited Nations Headquarters orat any other convenient place asdetermined by the Committee.

Article 21

1. The Committee shall, throughthe Economic and SocialCouncil, report annually to theGeneral Assembly of the UnitedNations on its activities and maymake suggestions and generalrecommendations based on theexamination of reports andinformation received from theStates Parties. Such suggestionsand general recommendations

shall be included in the report ofthe Committee together withcomments, if any, from StatesParties.

2. The Secretary-General shalltransmit the reports of theCommittee to the Commissionon the Status of Women for itsinformation.

Article 22

The specialized agencies shall beentitled to be represented at theconsideration of the imple-mentation of such provisions ofthe present Convention as fallwithin the scope of theiractivities. The Committee mayinvite the specialized agencies tosubmit reports on the imple-mentation of the Convention inareas falling within the scope oftheir activities.

PART VI

Article 23

Nothing in this Convention shallaffect any provisions that aremore conducive to the achieve-ment of equality between menand women which may becontained:

a) In the legislation of a StateParty; or

b) In any other international

convention, treaty or agree-ment in force for that State.

Article 24

States Parties undertake toadopt all necessary measures atthe national level aimed atachieving the full realization ofthe rights recognized in thepresent Convention.

Article 25

1. The Present Convention shallbe open for signature by allStates.

2. The Secretary-General of theUnited Nations is designated asthe depositary of the presentConvention.

3. The present Convention issubject to ratification. Instru-ments of ratification shall bedeposited with the Secretary-General of the United Nations.

4. The present Convention shallbe open to accession by allStates. Accession shall beeffected by the deposit of aninstrument of accession with theSecretary-General of the UnitedNations.

Article 26

1. A request for the revision ofthe present Convention may bemade at any time by any State

Party by means of a notificationin writing addressed to theSecretary-General of the UnitedNations.

2. The General Assembly of theUnited Nations shall decideupon the steps, if any, to betaken in respect of such arequest.

Article 27

1. The present Convention shallenter into force on the thirtiethday after the date of depositwith the Secretary-General ofthe United Nations of thetwentieth instrument of ratifica-tion or accession.

2. For each State ratifying thepresent Convention or accedingto it after the deposit of thetwentieth instrument of ratifica-tion or accession, the Conven-tion shall enter into force on thethirtieth day after the date of thedeposit of its own instrument ofratification or accession.

Article 28

1. The Secretary-General of theUnited Nations shall receive andcirculate to all States the text ofreservations made by States atthe time of ratification oraccession.

2. A reservation incompatiblewith the object and purpose of

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the present Convention shall notbe permitted.

3. Reservations may bewithdrawn at any time bynotification to this effectaddressed to the Secretary-General of the United Nations,who shall then inform all Statesthereof. Such notification shalltake effect on the date on whichit is received.

Article 29

1. Any dispute between two ormore States Parties concerningthe interpretation or applicationof the present Convention whichis not settled by negotiationshall, at the request of one ofthem, be submitted to arbitra-tion. If within six months fromthe date of the request forarbitration the parties are unableto agree on the organization ofthe arbitration, any one of thoseparties may refer the dispute tothe International Court of Justiceby request in conformity withthe Statute of the Court.

2. Each State Party may at thetime of signature or ratificationof this Convention or accessionthereto declare that it does notconsider itself bound byparagraph 1 of this article. Theother States Parties shall not bebound by that paragraph withrespect to any State Party whichhas made such a reservation.

3. Any State Party which hasmade a reservation in accord-ance with paragraph 2 of thisarticle may at any time with-draw that reservation bynotification to the Secretary-General of the United Nations.

Article 30

The present Convention, theArabic, Chinese, English,French, Russian and Spanishtexts of which are equallyauthentic, shall be depositedwith the Secretary-General ofthe United Nations.

Note

1 Article 20 paragraph 1 stipu-lates that the Committee meetonce yearly for a period of twoweeks. However, in 1995 theCommittee received the appro-val of State parties to meet twiceyearly in three-week sessions(January and June) in order tohelp clear the backlog ofNational Reports. It is stillmeeting in this way on a‘temporary’ basis as, although aresolution was passed by theGeneral Assembly to amendarticle 20, it will only enter intoforce when it has been acceptedby a two-thirds majority ofStates parties.

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II. Reservations

(Caribbean State

parties)

Bahamas

“The Government of theCommonwealth of the Bahamasdoes not consider itself boundby the provisions of article 2(a),... article 9, paragraph 2, ...article 16(h), ... [and] article 29,paragraph 1, of the Conven-tion."

Jamaica

“The Government of Jamaicadeclares that it does notconsider itself bound by theprovisions of article 29,paragraph 1, of the Conven-tion.”

Trinidad and Tobago

“The Republic of Trinidad andTobago declares that it does notconsider itself bound by article29 (1) of the said Convention,relating to the settlement ofdisputes.”

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IV. Equality Clauses

in Caribbean Consti-

tutions1

Most Caribbean countries havea general guarantee offundamental rights withoutdiscrimination, including non-discrimination on the groundsof sex or gender. Such guaran-tees may be included infundamental or guiding prin-ciples of state policy; or underhuman rights, basic rights andfundamental freedoms; or both:

Antigua and Barbuda: ChapterII, Fundamental rights andfreedoms of the individual,Articles 3 and 4.

Bahamas: Chapter III, Funda-mental rights and freedoms ofthe individual, Article 15.However, sex/gender isn’tmentioned in Article 26, whichdeals specifically with discrimi-nation.

Barbados: Chapter III, Funda-mental rights and freedoms ofthe individual, Article 11.However, sex/gender isn’tmentioned in Article 23, whichdeals specifically with discrimi-nation.

Belize: Part II, Fundamentalrights and freedoms, Articles 3and 16.

Dominica: Title II, Individualand social rights (section I),Article 15.

Grenada: Chapter 1, Protectionof fundamental rights andfreedoms, Articles 1 and 13.

Guyana: Chapter II, Principlesand Bases of Political, Economicand Social System, Articles 22and 29. Other articles includeequal access to academic,vocational and professionaltraining and equal opportunitiesin employment, remunerationand promotion and in social,political and cultural activity.

Jamaica: Chapter III, Funda-mental rights and freedoms,Articles 13 and 20.

St. Kitts and Nevis: Chapter II,Protection of fundamental rightsand freedoms, Articles 3 and 15.

St. Lucia: Chapter I, Funda-mental rights and freedoms,Articles 1 and 13.

St. Vincent and the Grena-dines: Chapter I, Fundamentalrights and freedoms, Articles 1and 13.

Trinidad and Tobago: ChapterI, Recognition and protection offundamental rights andfreedoms, Part 1, Article 4.

1 Source: Chinkin, 2001.

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III. General

Recommendations

The following general recom-mendations have been adoptedby the Committee on theElimination of Discriminationagainst Women:

1. Reporting guidelines – fifthsession, 1986.

2. Reporting guidelines – sixthsession, 1987.

3. Education and publicinformation programmes –sixth session, 1987.

4. Reservations – sixth session,1987.

5. Temporary specialmeasures – seventh session,1988.

6. Effective nationalmachinery and publicity –seventh session, 1988.

7. Resources – seventh session,1988.

8. Article 8 (women at theinternational level) –seventh session, 1988.

9. Statistical data – eighthsession, 1989.

10. Tenth anniversary of theadoption of CEDAW –eighth session, 1989.

11. Technical advisory servicesfor reporting – eighthsession, 1989.

12. Violence against women –eighth session, 1989.

13. Equal remuneration forwork of equal value – eighthsession, 1989.

14. Female circumcision – ninthsession, 1990.

15. Women and AIDS – ninthsession, 1990.

16. Unpaid women workers inrural and urban familyenterprises – tenth session,1991.

17. Measurement andquantification of theunremunerated domesticactivities of women andtheir recognition in the GNP– tenth session, 1991.

18. Disabled women – tenthsession, 1991.

19. Violence against women –eleventh session, 1992.

20. Reservations – eleventhsession, 1992.

21. Equality in marriage andfamily relations – thirteenthsession, 1994.

22. Article 20 (meetings of theCommittee) – fourteenthsession, 1995.

23. Women in political andpublic life – sixteenthsession, 1997.

24. Article 12 (women andhealth) – twentieth session,1999.

25. Article 4 paragraph 1(temporary specialmeasures) – thirtiethsession, 2004.

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V. Other UN

Conventions on

Women

Protocol to Prevent, Suppressand Punish Trafficking inPersons, Especially Women andChildren, supplementing theUnited Nations Conventionagainst Transnational OrganizedCrime (2003).

Convention on Consent toMarriage, Minimum Age forMarriage and Registration ofMarriages (1962).

Convention against Discrimina-tion in Education (1960).

Discrimination (Employmentand Occupation) Convention(1958).

Convention on the Nationalityof Married Women (1957).

Convention on the PoliticalRights of Women (1952).

Equal Remuneration Conven-tion (1951).

Convention for the Suppressionof the Traffic in Persons and ofthe Exploitation of theProstitution of Others (1949).

Declarations

Declaration on the Eliminationof Violence against Women(1994).

Declaration on the Protection ofWomen and Children inEmergencies and ArmedConflicts (1974).

ILO Conventions

Although most internationallabour standards overseen bythe International Labour Organi-zation (ILO) apply equally tomen and women workers, thereare a number of Conventionsand Recommendations that referspecifically to women (seewww.ilo.org).

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© UNIFEM, December 2004

United Nations Development Fund for WomenCaribbean OfficeUN HouseMarine Gardens, HastingsChrist Church, BarbadosTel: (246) 467-6000Fax: (246) 437-6596E-mail: [email protected]: www.unifemcar.org

UNIFEM is the women’s fund at the United Nations. It providesfinancial and technical assistance to innovative programmes andstrategies that promote women’s human rights, politicalparticipation and economic security. UNIFEM works in partnershipwith UN organizations, governments and non-governmentalorganizations (NGOs) and networks to promote gender equality. Itlinks women’s issues and concerns to national, regional and globalagendas by fostering collaboration and providing technical expertiseon gender mainstreaming and women’s empowerment strategies.