CEDAW Convention and Women’s Human

Rights

CEDAW Member countries

Why women’s human rights Of the world's 1.3 billion poor people, it is estimated that nearly 70

per cent are women.

Between 75 and 80 per cent of the world's 27 million refugees are women and children.

Only 28 women have been elected heads of state or government in this century.

Of the world's nearly one billion illiterate adults, two-thirds are women.

2/3 of the 130 million children worldwide who are not in school are girls

The majority of women earn about 3/4 of the pay of males for the same work

In most countries, women work approximately twice the unpaid time men do.

The value of women's unpaid housework and community work is estimated to be worth $11 trillion

Convention on the Elimination of All Forms of Discrimination against Women

Came into force in 1981 / Approved by 185 states

Internationally accepted principles and measures to achieve equal rights for women everywhere

Optional Protocol Came into force in 2000 / Approved by 90 states

Third-party complaints of state violations

Independent investigations of grave or systematic violations

Committee on the Elimination of Discrimination against Women

23 experts charged with oversight of compliance by member states

Sessions twice annually to consider progress reports by member states

States file reports once every 4 years

Authority to investigate violations and make recommendations

Overview CEDAW Convention

Characteristic of the CEDAW Convention

A multilateral human rights treaty aimed at establishing substantive equality of women with men removing all forms of discrimination against women

CEDAW is the only treaty covering all categories of human rights

The Convention defines what constitutes discrimination against women

The constituents of CEDAW consist of the provision of 16 substantive articles, General Recommendations, and Concluding Comments made by the Committee during the review process of the report

Being an International Human Rights Treaty, CEDAW has a force of law,

State obligations – Substantive Equality

7

Upon ratification the State Party voluntarily accepts a range of legally binding obligations to eliminate discrimination against women.

The State party agrees to pursue International Human Rights Standards as the principal normative points of reference.

The State is obligated to act to remove discrimination against women by the State itself, organizations or private individuals.

The State Party must take the appropriate measures to eliminate discrimination against women “without delay”

The State is to impose sanction on perpetrators.

Mandatory on the state Party to report as per schedule to the CEDAW Committee on compliance of the Convention.

Reservations: 60 states continue to have reservations to the Convention

State responsibility

Women have the right to equality before the law. Laws which discriminate against women must be abolished or reformed. Laws must be established to prevent discrimination against women.

Women have the right to participate fully in public and political life.

Women have equal rights with men regarding nationality, and the nationality of their children.

Women have the right to equal access to all levels of education.

CEDAW

Women have the right to have equal access to work, to choice of profession, job security and benefits, vocational training, social security and paid leave, and equal pay for work of equal value.

Women have the right to equal access to health care services, including family planning.

Women have full economic rights, including access to family benefits, bank loans, mortgages and other forms of credit.

Women have the right to make decisions about marriage, divorce, parental rights and responsibilities, the number and spacing of children, guardianship and adoption, and property ownership

CEDAW

Articles 23-30: Administration,

Interpretation

Articles 1-5: Non-Discrimination and State Obligations

Articles 6-16: Specific Substantive

Areas - 6 Trafficking and Prostitution7 Political and Public Life8 Participation 9 Nationality10 Education11 Employment12 Health13 Economic and Social Benefits14 Rural Women15 Equality Before the Law16 Marriage and Family Life

Articles 17-23:Committee and

Procedures

Structure of the CEDAW

Core principles: Substantive Equality and

non-discriminarion What does it mean to be equal?

Equality of opportunity through law, policy, programmes and institutional arrangements

Equality of access by eliminating all obstacles that prevent access to the opportunities & taking positive steps to ensure goal of equality is achieved

A FEW EXAMPLES:

Educational opportunities – e.g., Bangladesh used CEDAW to help attain gender parity in primary school enrollment and has as a goal for 2015, to eliminate all gender disparities in secondary education.  

Violence against women and girls – e.g., Mexico responded to a destabilizing epidemic of violence against women by using CEDAW terms in a General Law on Women’s Access to a Life Free from Violence. By 2009, all 32 Mexican states had adopted the measure.

Marriage and family relations – e.g., Kenya has used CEDAW to address differences in inheritance rights, eliminating discrimination against widows and daughters of the deceased.

Political participation – e.g., Kuwait’s Parliament voted to extend voting rights to women in 2005 following a recommendation by the CEDAW Committee to eliminate discriminatory provisions in its electoral law.

Established in the text of the Convention Monitoring only – has no enforcement powers 23 independent experts from various regions Nominated by their respective governments,

elected by member States (for 4 years terms), but serve in their personal capacity

Committee meets 2-3 times a year in Geneva/New York

Functions: Issues General Recommendations Monitors States parties’ compliance with the terms of

CEDAW / implementation of CEDAW (primarily through reporting process)

Decides cases / conducts inquiries under the Optional Protocol

CEDAW Committee

General Recommendationsç

Authoritative interpretations of the Convention

Allows CEDAW Committee to address contemporary issues, develop standards and provide guidance to implementation

Can expand the scope of the treaty. For example, GR 19 establishes that all VAW is prohibited under CEDAW

To date, the Committee has adopted 28 general recommendations; currently working on GR “Women in Conflict and Post Conflict Situations” (July 2011)

http://www2.ohchr.org/english/bodies/cedaw/comments.htm

The Special Rapporteur on Violence Against Women is one of over 30 thematic “Special Procedures” of the UN Human Rights Council, a charter-based body of the UN. She transmits urgent appeals and communications to States regarding alleged cases of violence against women, undertakes fact-finding country visits and submits annual thematic reports.

The new HRC Working Group on the elimination of discrimination against women in law and in practice, made up of 5 regional reps, will will work with States to end legal discrimination.

Additional monitoring instruments

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Major barriers to the implementation of CEDAW

Lack of political commitments and proper understanding of the Convention

Legal obstacles

Reservation to substantive articles of the Convention

Weak national machinery and lack of resources

Adverse social and cultural practices

Create a record of performance of States parties based on norms and standards of CEDAW

Identify obstacles, problems and solutions to achieving the goals of the treaty

Identify best practices

Opportunity to benefit from experts

Opportunity for State party to show good faith by consenting to an open and transparent review

Reporting Process – Main Purpose

Ratification Preparation of State party Report Submission of Report Pre-session

[NGOs can submit lists of issues and questions] CEDAW Session: Constructive Dialogue

[NGOs can submit alternative reports, present at NGO session, attend Constructive Dialogue]

Committee issues Concluding Comments

Reporting Process – Procedure

NGO ?????????

Questions

?????????

State writes

answers

Pre-session

State presents

report incl. answers

Main session

Concluding observations

(+questions)

State responds

to questions if urgent

State writes report

NGOs?

-NGOs write analternative report

-NGOs provide questions

-NGOs present alternative report

-NGOs make comments

-NGOs use concluding observations for campaign and lobby

-informal meetings

Participate in the preparation of the State party report OR analyse / critique the State party report

Submit alternative information (i.e., Shadow Reports) to the Committee, lobby Committee members and attend the Constructive Dialogue

Pressure the Government to Implement the Concluding Comments (e.g., publicising the Concluding Comments)

Under the Optional Protocol, submit complaints or initiate inquiries

NGO Involvement summary

CEDAW can be: A framework for analysis A monitoring tool A source of law or standards An interpretative tool An accountability mechanism

Awareness raising / capacity building on women’s rights (through trainings, talks, media outreach, etc.)

In advocacy In courts In legislation In government policy In local governments In work of NGOs and specialised agencies

How CEDAW can be used

How has CEDAW been used in your country? How has your organisation or other organisations

worked with CEDAW? Has CEDAW been an effective tool for promotion

of women’s rights? What works? What doesn’t work?

Sharing your experience with CEDAW

NATIONAL ACTION PLANS

Why an Action Plan for human rights?

To get an overview of the human rights situation

To adopts a coherent approach to human rights issues both regarding specific rights issues and issues related to knowledge, information and organization.

A tool for identification of priorities – this is especially important if many problems and not sufficient finances

Useful tool for development discussions

A key task is to increase knowledge and awareness of human rights.

Developing - A preparatory phase

Who should initiate?

Who should be involved?

The role of Government and Parliament

Consultation with NGO´s, vulnerable groups

Focal Agency – draft principles

National Coordination Committee

A development phase

Consultation with different actors parliamentarians, government, agencies, different

ministries, civil society, military, private sector, vulnerable groups, trade unions, universities, nat. human rights institutions, media, judiciary etc.

Public meetings

Inter active Web site/radio

Baseline study

Write the Action Plan

An implementation phase

Identifying implementing partners- Different ministries are identified

Launching the plan

Media and dissemination strategy

Creating a reporting system

Human Rights Education

Website

A monitoring and evaluation phase

A monitoring phase

Monitoring and reporting mechanisms

An evaluation phase

Perform an evaluation

Possible structure for an Action Plan

1. International standards

2. National legislation

3. Defined goals by the Government

4. International criticism and national debate

5. What has been done – linkage to other national activities

6. Action to be taken

7. Identification of who´s responsible for the implementation

8. Time frame – specific or long or short

9. Resources

10. Monitoring and follow up 

Important issues to keep in mind while drafting an Action Plan

Time consuming

Who should draft?

Create ownership

Status of the Action Plan

Action oriented

Accountability

Expected results

Sensitive issues

Political pressure

Start work with media and information strategy early

Don´t invent new ways of running the government

Sufficient resources

Importance of transparency

Implementation and monitoring important

Human rights training

Two goals – the process as well as the outcome

Action Plan

5 groups shall develop a structure and content for an Action Plan for Women´s human rights for respective country. The group will be divided by nationality.

Prepare for a 10 min presentation of your Action Plan

 

Tematic Focus ELIMINATING DISCRIMINATION. Article 2.

MODIFY CUSTOMS. Article 5.

STOP TRAFFICKING IN WOMEN. Article 6.

POLITICAL PARTICIPATION. Article 7

EMPLOYMENT. Article 11

HEALTH CARE. Article 12

VIOLENCE AGAINST WOMEN. General Recommendation 19

Discuss:

1. Preparatory and development phase: What are the

government and NGO priorities that needs to be covered?

Who will be involved in the planning process? How would you insure participation from different groups?

How can the process be communicated?

2. Implementation phase: What are the priorities

and goals for the selected rights?

Who´s responsible for their implementation

3. Monitoring and evaluation phase: Who´s responsible for

monitoring? Role of NGO

What mechanisms can be used for monitoring?