C E D A W

CONVENTION

ON THE ELIMINATION OF

ALL FORMS OF DISCRIMINATION

AGAINST WOMEN

History of CEDAW Convention

Equality of rights for women is a basic principle of

the United Nations.

The Preamble to the Charter of the UN sets as one

of the Organization's central goals the reaffirmation

of

"faith in fundamental human rights,

in the dignity and worth of the human person, in

the equal rights of men and women".

Charter of the U N, Article 1.3 proclaims

“To achieve international co-operation in solving

international problems of an economic, social,

cultural, or humanitarian character,

and in promoting and encouraging respect for human

rights and for fundamental freedoms for all

without distinction as to race, sex, language, or

religion;

The Charter of the United Nations was signed on 26 June 1945, in

San Francisco, at the conclusion of the U N Conference on

International Organization, and came into force on 24 October 1945.

By the terms of the Charter,

the first international instrument to refer

specifically to human rights and to the equal

rights of men and women,

all members of the U N are legally bound

to strive towards the full realization of

all human rights and fundamental freedoms.

The status of human rights,

including the goal of equality between

women and men, is thereby elevated:

a matter of ethics becomes a contractual

obligation of all Governments and of the UN.

The International Bill of Human Rights strengthens

and extends this emphasis on the human rights of

women.

The Universal Declaration of Human Rights proclaims

the entitlement of everyone to equality before the

law and to the enjoyment of human rights and

fundamental freedoms without distinction of any kind

and proceeds to include sex among the grounds of

such impermissible distinction.

The International Bill of Human Rights

is an informal name given to one General Assembly resolution and

two international treaties established by the United Nations.

It consists of the Universal Declaration of Human Rights (adopted in

1948),

the International Covenant on Civil and Political Rights (1966)

with its two Optional Protocols and the

International Covenant on Economic, Social and Cultural Rights

(1966).

The two covenants entered into force in 1976,

after a sufficient number of countries had ratified them

The International Covenant on Economic, Social

and Cultural Rights

and the International Covenant on Civil and

Political Rights, both of 1966, which translate the

principles of the Declaration into legally binding

form, clearly state that the rights set forth are

applicable to all persons without distinction of

any kind and, again, put forth sex as such a

ground of impermissible distinction.

In addition, each Covenant specifically binds

acceding or ratifying States to undertake to

ensure that

women and men have equal right

to the enjoyment of all the rights they

establish.

However, the fact of women's humanity proved insufficient

to guarantee them the enjoyment of their internationally

agreed rights.

Since its establishment, the Commission on the Status of

Women (CSW) has sought to define and elaborate the

general guarantees of

non-discrimination in these instruments from a gender

perspective.

The work of CSW has resulted in a number of important

declarations and conventions that protect and promote the

human rights of women.

Inter-American Commission on Women

introduced the Montevideo Convention early in

the century,

the first international agreement to provide for the

nationality rights of married women.

Lobbying by women within the League of Nations

persuaded its leaders to recommend

the ratification of the Convention by all members.

The League also sought to stop the trafficking

of women for the purposes of prostitution and

in 1937 , at the recommendations of women’s

organizations, began an extensive study to

assess the legal status of women and

suggest remedies to redress inequalities.

But it was suspended by the Second World War.

 

Commission on the Status of Women (CSW):

Early Drafts of the UN Charter did not include affirmation

of equal rights for men and women.

Women delegates and members of the 42 accredited

organizations successfully argued for these articles at the

1945 founding conference in San Francisco.

By June 1946, the UN Commission on the Status of Women

had been established within the ECOSOC.

Its purpose was to identify women’s needs as they

evolved in multiple issue areas, set goals to improve their

status, and help with resources and strategies to achieve

these and other goals.

 

Commission on the Status of Women (CSW):

CSW, a global policy-making body, is a functional commission of

the U N Economic and Social Council (ECOSOC), dedicated

exclusively to the promotion of gender equality and the

advancement of women.

Every year, representatives of Member States gather at the U N

Headquarters to evaluate progress on gender equality, identify

challenges, set global standards and formulate concrete policies

to promote gender equality and advancement of women

worldwide.

Originally established in 1946 as a sub-commission of the

Commission on Human Rights,

but quickly granted the status of full commission as a result

of the pressure exerted by women's activists,

the mandate of the CSW included the preparation of

recommendations relating to urgent problems requiring

immediate attention in the field of women's rights

with the object of implementing the principle

that men and women should have equal rights,

and the development of proposals

to give effect to such recommendations.

Between 1949 and 1959, the Commission elaborated

- the Convention on the Political Rights of Women, adopted by the GA on 20 December 1952,

- the Convention on the Nationality of Married Women, adopted by the Assembly on 29 January 1957,

- the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages adopted on 7 November 1962,

- and the Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages adopted on 1 November 1965.

Each of these treaties protected and promoted

the rights of women in areas in which the

Commission considered such rights to be

particularly vulnerable.

But it was believed that, except in those

areas, women's rights were best protected

and promoted by the general human rights

treaties.

Although these instruments reflected the growing

sophistication of the UN system with regard to the

protection and promotion of women's human rights,

the approach they reflected was fragmentary, as

they failed to deal with discrimination against

women in a comprehensive way.

There was concern that the general human rights

regime was not, in fact, working as well as it

might to protect and promote the rights of

women.

Thus, the G A, on 5 December 1963, adopted its

resolution 1921 (XVIII), in which it requested the

ECOSOC to invite the CSW to prepare a draft

declaration that would combine in a single

instrument international standards articulating

the equal rights of men and women.

Drafting of the declaration, by a committee

selected from within the CSW, began in 1965,

with the Declaration on the Elimination of

Discrimination against Women ultimately being

adopted by the GA on 7 November 1967.

In 1972, five years after the adoption of the

Declaration and four years after the introduction of a

voluntary reporting system on the implementation of

the Declaration by the ECOSOC, the CSW considered

the possibility of preparing a binding treaty that would

give normative force to the provisions of the

Declaration and decided to request the Secretary-

General to call upon UN Member States to transmit

their views on such a proposal.

In 1973, a working group was appointed to

consider the elaboration of such a convention.

In 1974, at its twenty-fifth session and in the

light of the report of this working group,

the Commission decided, in principle, to prepare

a single, comprehensive and internationally

binding instrument to eliminate discrimination

against women.

The text of the Convention on the Elimination of

All Forms of Discrimination against Women was

prepared by working groups within the

Commission during 1976 and extensive

deliberations by a working group of the Third

Committee of the General Assembly from 1977

to 1979.

World Conference of the International Women's

Year held in Mexico City in 1975, which called for

a convention on the elimination of discrimination

against women, with effective procedures for its

implementation.

The G A urged the Commission on the Status of

Women to finish its work by 1976, so that the

Convention would be completed in time for the

1980 Copenhagen conference (World Conference

on the United Nations Decade for Women:

Equality, Development and Peace).

The Convention on the Elimination of All Forms of

Discrimination against Women

was adopted by the General Assembly in 1979

by votes of 130 to none, with 10 abstentions.

At the special ceremony that took place at

the Copenhagen Conference on 17 July

1980, 64 States signed the Convention and

two States submitted their instruments of

ratification.

On 3 September 1981, 30 days after the

twentieth member State had ratified it, the

Convention entered into force - faster than

any previous human rights convention had

done - thus bringing to a climax United

Nations efforts to codify comprehensively

international legal standards for women.

Not all UN decisions carry the same weight.

Their importance varies depending on what kind of

document they appear in, and which body has issued

them.

A legally binding treaty has to be taken more seriously.

A General Assembly resolution carries more weight than an

ECOSOC commission.

TREATIES : All instruments that are legally binding under international law.

Conventions: The broad use of the term “convention” is synonymous with the broad use of the

term “treaty” – it can cover all legally binding international agreements.

Resolutions: This is the formal decision used by UN organs, such as the G A, to express an

agreement or conclusion. Resolutions include a preamble, which sets forth the basis on which

action should be taken, and a series of operative paragraphs that spell out actions or directives.

Agreements: All consensus decisions made by Member States, whether or not they

are legally binding.

Decisions: This denotes formal action that is not a resolution and that usually deals

with organizational matters such as elections, appointments or the place of meetings.

C E D A W

CONVENTION ON THE

ELIMINATION OF

ALL FORMS OF DISCRIMINATION

AGAINST WOMEN

WOMEN’S

EMPOWERMENT, EQUALITY,

ECONOMIC DEVELOPMENT,

EDUCATION, ENDING VIOLENCE,

EMPLOYMENT

CEDAW is a landmark international agreement that

affirms principles of fundamental human rights and

equality for women around the world.

CEDAW is a practical blueprint for each country to

achieve progress for women and girls,

promote basic rights and to open opportunities for

women and girls in all areas of society.

(CEDAW), adopted in 1979 by the UN

General Assembly, is often described as

AN INTERNATIONAL BILL OF

RIGHTS FOR WOMEN. 

Consisting of a preamble and 30 articles,

it defines what constitutes

discrimination against women

and sets up an agenda for national action

to end such discrimination.

The Convention defines

discrimination against women as

“...any distinction, exclusion or restriction

made on the basis of sex which has the effect or

purpose of impairing or nullifying the recognition,

enjoyment or exercise by women, irrespective of

their marital status, on a basis of equality of men

and women, of human rights and fundamental

freedoms in the political, economic, social,

cultural, civil or any other field."

By accepting the Convention,

States commit themselves to undertake a

series of measures

to end discrimination against women in all

forms . . .

to incorporate the principle of equality of

men and women in their legal system,

abolish all discriminatory laws and

adopt appropriate ones prohibiting

discrimination against women;

to establish tribunals and

other public institutions

to ensure the effective protection of

women against discrimination

to ensure elimination of

all acts of discrimination

against women

by persons, organizations or

enterprises

The Convention provides the basis for realizing

equality between women and men through

ensuring women's equal access to, and equal

opportunities in,

political and public life –

including the right to vote

and to stand for election –

as well as education, health and employment. 

States parties agree to take

all appropriate measures,

including legislation and

temporary special measures,

so that women can enjoy

all their human rights and

fundamental freedoms.

The Convention is

the only human rights treaty

which affirms the reproductive rights of

women and

targets culture and tradition

as influential forces

shaping gender roles and

family relations. 

It affirms women's rights

to acquire, change or retain

their nationality

and the nationality of their children. 

States parties also agree to take

appropriate measures

against all forms of traffic in women and

exploitation of women.

Countries that have ratified or acceded to

the Convention

are legally bound to put its provisions into

practice. 

They are also committed

to submit national reports,

at least every four years,

on measures they have taken

to comply with their treaty obligations.

The CEDAW agreement was adopted in 1979 by

the U N General Assembly and entered into force in

1981.

Almost all countries have ratified CEDAW - 187 out

of 193 countries.

Only six have not ratified including the United

States, Sudan, Somalia, Iran, and

two small Pacific Island nations

(Palau and Tonga).

Committee on the Elimination of

Discrimination against Women

Membership

• A total of 104 Experts have served as members of

the Committee since 1982.

• The officers of the Committee consist of a

Chairperson, three Vice-Chairpersons and a

Rapporteur. Office-bearers serve for two year

terms and are eligible for re-election “provided

that the principle of rotation is upheld”. TOTAL 23

Twenty-three experts of high moral standing

and competence in the field covered by the

Convention.

The Committee strongly encourages all

States parties to submit reports in

accordance with those guidelines.

Governments are bound to report to the

committee on how they are implementing the law

– laws passed, laws repealed, budget allocation

etc.

• Various government ministers e.g. – justice, education, social welfare come to report.

• Experts on the committee question them on the implementation of the convention.

• Governments are present to talk of how they are implementing, harmonizing laws etc.

Initial reports should be no more than 100 pages long

and should deal specifically with every article of the

Convention.

Periodic reports should be no more than 70 pages long

and generally should focus on the period between the

consideration of the previous report and the current

report, using the concluding comments on the previous

report as their starting point and highlighting

new developments.

The Committee recommends that States

parties involve national non-governmental

organizations in the preparation of their

reports.

It requests that reports of States parties

describe the situation of non-governmental

organizations and women’s associations and

their participation in the implementation of

the Convention and the preparation of the

report.

The Committee usually invites eight States parties

to present their reports at each

three-week session.

In making the selection, the Committee gives

preference to reports that have been pending for

the longest time, prioritizes initial reports and

considers a balance of reports in terms of

geographic and other factors.

In order to enhance the effectiveness of the

consideration of reports of States parties and to

continuously improve the quality of the constructive

dialogue with reporting States,

the Committee designates from among its members

a country Rapporteur for the report(s) of each State

party.

The country Rapporteur’s responsibilities pertain to the

following three phases of the consideration of reports:

- the preparation of a draft list of issues and questions

for the pre-session working group;

- consideration of the report(s) of the State party, in particular

the identification of issues and priorities to be raised during the

constructive dialogue;

- and the preparation of draft concluding comments.

All experts participate in the three stages of the consideration

of a report, while the country Rapporteur facilitates and

coordinates the process.

PRE-SESSION WORKING GROUP

On the basis of drafts prepared by the country Rapporteurs

concerned, a pre-session working group of the Committee, with

the support of the secretariat,

draws up short lists of issues and questions with regard to

reports which the Committee will consider at upcoming

sessions.

In general, each list contains no more than 30 clear and direct

questions that focus on major areas of concern with regard to

the implementation of the Convention by the State party

concerned.

In order to provide the States parties with the lists

of issues and questions well in advance, the pre-

session working group meets for five days (in

closed meetings) in advance of the session at

which the reports will be considered.

The pre-session working group is normally

composed of five members of the Committee

The lists of issues and questions are promptly sent

to the States parties concerned,

usually within one week after the pre-session

working group concludes its work.

States parties are invited to provide their responses

within six weeks thereafter.

Governments are bound to report to the

committee on how they are implementing the

law – laws passed, laws repealed, budget

allocation etc.

CONSTRUCTIVE DIALOGUE

The Committee intends its consideration of a report,

in accordance with its mandate under article 18 of

the Convention, to take the form of a constructive

dialogue with representatives of the reporting State,

the aim of this dialogue being to improve the

situation pertaining to Convention rights in that

State.

The Committee devotes two open meetings (of three hours each)

to its consideration of initial reports. Representatives of the State

party are invited to make introductory comments for a maximum

of 30 minutes. A group of questions posed by experts is followed

by the State party’s responses, followed by another group of

questions and responses until all articles have been covered.

While the Committee does not yet have a formal follow-up

procedure for its concluding comments, it routinely asks States

parties about the steps taken to follow up on the concluding

comments adopted following consideration of the State party’s

previous report.

The Committee is of the view that it may sometimes

be necessary to request exceptional reports from

States parties.

Such exceptional reports would aim to obtain and

examine the information on an actual or potential

violation

The Committee discusses and finalizes the draft

concluding comments in closed meetings.

Concluding comments reflect the issues agreed by

the Committee and do not reflect the views of the

individual country Rapporteur.

Only issues and concerns raised during the

constructive dialogue are included in the

concluding comments.

The comments call for the integration of a gender perspective

and reflection of the provisions of the Convention in efforts to

achieve the Millennium Development Goals and request

information thereon in the State party’s next periodic report.

They also note that the State party’s adherence to the major

international human rights instruments enhances women’s

enjoyment of their human rights in all spheres of life, and

encourage the State to consider ratifying those to which they

are not yet party.

PARTICIPATION OF NON-GOVERNMENTAL

ORGANIZATIONS AND NATIONAL HUMAN

RIGHTS INSTITUTIONS IN THE ACTIVITIES OF

THE COMMITTEE.

The Committee invites non-governmental

organizations to follow its work. In order to ensure

that it is as well informed as possible, the Committee

invites representatives of national and international

non-governmental organizations to provide country-

specific information on States parties whose reports

are before it.

NGO’s indicate the gaps, point to the

inadequacies, say what has not been

implemented.

NGO point to discriminations that exist, lack of

funding, lack of services.

CEDAW experts take the reports of NGO’s very

seriously.

The CEDAW Committee welcomes the country-

specific NGOs shadow/alternative reports

providing additional information on the

implementation of the Convention in the

country concerned.

NGOs can submit their shadow reports to the

CEDAW Committee prior to or at the session.

In addition, NGOs can attend the review of their

governments and make oral interventions as well

as meet with Committee members to inform them

about the most critical issues relating to women’s

rights in their country. 

FUTURE SESSIONS

58 - July 2014Central African Republic, China, Finland, Georgia, Gabon, Guinea, India, Lithuania, Mauritania, Swaziland, Syrian Arab Republic

57 - February 2014 Bahrain, Cameroon, Iraq, Kazakhstan, Senegal, Sierra Leone and Qatar - in Geneva

56 - October 2013Andorra, Benin, Cambodia, Colombia, Republic of Moldova, Seychelles, Saint Vincent and the Grenadines and Tajikistan - in Geneva

55 - July 2013Afghanistan, Bosnia and Herzegovina, Cape Verde, Cuba, Democratic Republic of the Congo, Dominican Republic and United Kingdom. - in New York

54 - February 2013Angola, Austria, Cyprus, Greece, Hungary, Pakistan, Solomon Islands and The Former Yugoslav Republic of Macedonia in Geneva

CEDAW can make a difference

for women and girls,

specifically to:

- Reduce sex trafficking and domestic violence

- Provide access to education and

vocational training

- Ensure the right to vote

- End forced marriage & child marriage

and ensure inheritance rights

- Help mothers and families by providing

access to maternal health care

- Ensure the right to work and

own a business without discrimination

As such, I will do the following:

SIGN UP to get periodic updates about CEDAW

Educate my community, family, friends and colleagues about

the importance of CEDAW.

Get more FACTS about CEDAW.

Urge my organization to sign-on as a supporter of CEDAW.

Educate my policy makers about the benefits of CEDAW.

Read CEDAW fact sheet for examples.

Support CEDAW grassroots activities in my country.

I pledge to stand with women and girls around the world

in strongly supporting CEDAW

until all countries recognize

the equality and human rights of women

and ratify this important treaty.