slides for unit 2 enforcement

Women, Law & Development International Chart # 2- 1

Defining TermsDefining Terms•State Responsibility State Responsibility

•Due ProcessDue Process

•Rule of LawRule of Law


Implementation vs. Implementation vs. EnforcementEnforcement

IMPLEMENTATIONIMPLEMENTATIONSetting up and using the structures and Setting up and using the structures and procedures needed to carry out the intent of the procedures needed to carry out the intent of the law.law.

ENFORCEMENTENFORCEMENTSetting up and developing the structures and Setting up and developing the structures and procedures needed to assure (require) compliance procedures needed to assure (require) compliance and to sanction (punish) violations.and to sanction (punish) violations.


The Dynamics of Human RightsThe Dynamics of Human Rights

Greater Greater

recognition recognition

BetterBetter enforcementenforcement

to recognizeto enforce ACTION


Elements of a Legal SystemElements of a Legal System

Constitutions,Constitutions,LegislationLegislationRegulationsRegulations

The Structure of the The Structure of the LawLaw

The Substance of theThe Substance of the LawLaw

The Culture of the The Culture of the LawLaw

CourtsCourtsAdministrationAdministrationLaw enforcement Law enforcement AgenciesAgencies

Shared attitudes and Shared attitudes and behaviors about the lawbehaviors about the law


HUMAN RIGHTS HUMAN RIGHTS INSTRUMENTSINSTRUMENTS

What do they do?What do they do?

Instruments Instruments define rights define rights define obligationsdefine obligations

INTERNATIONAL INTERNATIONAL INSTRUMENTSINSTRUMENTS

NATIONAL INSTRUMENTSNATIONAL INSTRUMENTS

UDHRUDHRICCPR COVENANTICCPR COVENANTICESCR COVENANTICESCR COVENANTCEDAWCEDAWRACE CONVENTIONRACE CONVENTION

CONSTITUTIONSCONSTITUTIONSLEGAL CODESLEGAL CODES


HUMAN RIGHTS HUMAN RIGHTS MECHANISMSMECHANISMS

What do they do?What do they do?

Mechanisms comprise enforcementMechanisms comprise enforcementStructures &Structures &proceduresprocedures

INTERNATIONAL MechanismsINTERNATIONAL Mechanisms NATIONAL MechanismsNATIONAL MechanismsCOMMITTEE ON HUMAN COMMITTEE ON HUMAN RIGHTSRIGHTSCOMMITTEE ON THE STATUS COMMITTEE ON THE STATUS OF WOMENOF WOMENEUROPEAN COURT BUREAU EUROPEAN COURT BUREAU ON HRON HR

OMBUDSMANOMBUDSMANPARLIAMENTARY COURTSPARLIAMENTARY COURTSHUMAN RIGHTS COURTSHUMAN RIGHTS COURTS


Instruments & MechanismsInstruments & MechanismsHUMAN RIGHTS INSTRUMENTS HUMAN RIGHTS INSTRUMENTS (Instruments (Instruments define rightsdefine rights))INTERNATIONAL INTERNATIONAL INSTRUMENTSINSTRUMENTS


UDHRUDHRTHE COVENANTSTHE COVENANTSCEDAWCEDAWRACE CONVENTIONRACE CONVENTION

CONSTITUTIONSCONSTITUTIONSLEGAL CODESLEGAL CODES

HUMAN RIGHTS MECHANISMS HUMAN RIGHTS MECHANISMS (Mechanisms (Mechanisms define procedures to enforce rights)define procedures to enforce rights)INTERNATIONAL INTERNATIONAL INSTRUMENTSINSTRUMENTS


COMMITTEE ON HUMAN COMMITTEE ON HUMAN RIGHTSRIGHTSEUROPEAN COURT BUREAU EUROPEAN COURT BUREAU ON HRON HR

OMBUDSMANOMBUDSMANPARLIAMENTARY COURTPARLIAMENTARY COURT


Types of MechanismsTypes of Mechanisms ““Charter based”Charter based”

Commission on Human RightsCommission on Human Rights Commission on the status of womenCommission on the status of women

““Treaty based”Treaty based” Committee on ICESCRCommittee on ICESCR Committee on CEDAWCommittee on CEDAW

Specialized AgenciesSpecialized Agencies UNHCRUNHCR ILOILO WHOWHO


Charter-Based MechanismsCharter-Based MechanismsSome MechanismsSome Mechanisms What They MonitorWhat They Monitor

Economic and Social Council Economic and Social Council (ECOSOC) (ECOSOC)

Human rights questions generally;Human rights questions generally;Activities of the Commission on Human Rights;Activities of the Commission on Human Rights;Sub-Commission on Minorities;Sub-Commission on Minorities;Commission on the Status of Women (CSW);Commission on the Status of Women (CSW);Treaty-monitoring bodies. Treaty-monitoring bodies.

Human Rights CommitteeHuman Rights Committee Human rights questions generally;Human rights questions generally;Activities of the Commission on Human Rights;Activities of the Commission on Human Rights;Sub-Commission on Minorities;Sub-Commission on Minorities;Commission on the Status of Women (CSW);Commission on the Status of Women (CSW);Treaty-monitoring bodies. Treaty-monitoring bodies.

Commission on Human Commission on Human RightsRights

1503 Procedure1503 ProcedureWorking groupsWorking groupsSpecial RapporteursSpecial RapporteursSub-Commission on Sub-Commission on

Minorities Minorities

Human rights questions generally;Human rights questions generally;Specific human rights issues:Specific human rights issues: - Gross and systematic violations;- Gross and systematic violations;

- Thematic and geographic issues;- Thematic and geographic issues;

- Human rights of minorities;- Human rights of minorities;

- Human rights of women;- Human rights of women;


Treaty-Based MechanismsTreaty-Based Mechanisms

Some MechanismsSome Mechanisms What They MonitorWhat They Monitor

Committee on the Elimination of all Committee on the Elimination of all Forms of Discrimination Against Forms of Discrimination Against WomenWomen

Convention on the Elimination of all Forms Convention on the Elimination of all Forms of Discrimination Against Womenof Discrimination Against Women

Committee on Economic, social and Committee on Economic, social and Cultural RightsCultural Rights

International Covenant on Economic, Social International Covenant on Economic, Social and Cultural Rightsand Cultural Rights

Committee on Economic, Social and Committee on Economic, Social and Cultural RightsCultural Rights

International Covenant on Economic, Social International Covenant on Economic, Social and Cultural Rights (ICESCR)and Cultural Rights (ICESCR)


Mechanisms of UN AgenciesMechanisms of UN Agencies

Some AgenciesSome Agencies What They What They MonitorMonitor

UN High Commissioner for UN High Commissioner for Refugees (UNHCR)Refugees (UNHCR)

Rights of RefugeesRights of Refugees

International Labour International Labour OrganisationOrganisation

Labour RightsLabour Rights

UN Educational, Scientific and UN Educational, Scientific and Cultural OrganisationCultural Organisation

Cultural and educational Cultural and educational rightsrights

UN World Health OrganisationUN World Health Organisation Health RightsHealth Rights


Types of ProceduresTypes of ProceduresMONITORING AND REPORTING PROCEDURESMONITORING AND REPORTING PROCEDURES

““Reports” or “audits” of government behavior, resulting in non-binging Reports” or “audits” of government behavior, resulting in non-binging recommendationsrecommendations

COMPLAINT PROCEDURESCOMPLAINT PROCEDURES• Complaint – recourseComplaint – recourse Goal: redress specific grievancesGoal: redress specific grievances• Complaint – informationComplaint – information Goal: to identify broad human rights violations affecting a large Goal: to identify broad human rights violations affecting a large

populationpopulation


How a Complaint Procedure How a Complaint Procedure WorksWorks

SubmissionSubmission Investigation/fact Investigation/fact findingfinding CommunicationCommunication NegotiationNegotiation DeterminationDetermination JudgmentJudgment


How a Monitoring/ How a Monitoring/ Reporting Procedure WorksReporting Procedure Works

Fact findingFact finding Submission of report bySubmission of report by

governmentgovernmentMonitoring body orMonitoring body orNGONGO

ReviewReviewRecommendationsRecommendations


The Human Rights CommitteeThe Human Rights CommitteeWHAT IT COVERSWHAT IT COVERS ICCPRICCPR

OF INTEREST TO OF INTEREST TO WOMENWOMEN

Prohibits sex discrimination, which it interprets broadly.Prohibits sex discrimination, which it interprets broadly.

TYPE OF PROCEDURETYPE OF PROCEDURE Reporting and Monitoring;Reporting and Monitoring;Interstate communication;Interstate communication;Individual complaints.Individual complaints.

AVAILABILITYAVAILABILITY States must have ratified the ICCPR and its Optional Protocol.States must have ratified the ICCPR and its Optional Protocol.

ACCESSACCESS Individuals must be directly affected and present in the state’s territory Individuals must be directly affected and present in the state’s territory when the violation occurred.when the violation occurred.

ROLE OF ADVOCATESROLE OF ADVOCATES NGOs sometimes invited to comment on reports.NGOs sometimes invited to comment on reports.Advocates can influence writing of state reports and comment on Advocates can influence writing of state reports and comment on Committee recommendations.Committee recommendations.

REMEDIESREMEDIES Makes non-binding recommendations (gives violating states 180 days to Makes non-binding recommendations (gives violating states 180 days to respond);respond);Can appoint Special Rapporteur for follow up.Can appoint Special Rapporteur for follow up.

ADVANTAGESADVANTAGES Availability of individual complaint procedures;Availability of individual complaint procedures;Many reports and decisions made public;Many reports and decisions made public;Engages states in human rights issues;Engages states in human rights issues;Members of the Committee often rely on NGOs in their review of reports.Members of the Committee often rely on NGOs in their review of reports.

DISADVANTAGESDISADVANTAGES Long and difficult process;Long and difficult process;Refused complaints reinforce status quo.Refused complaints reinforce status quo.


Special Rapporteurs & Working GroupsSpecial Rapporteurs & Working GroupsWORKING GROUPSWORKING GROUPSDisappearancesDisappearancesArbitrary DetentionArbitrary DetentionSituation of Gross Violations Right to Situation of Gross Violations Right to

Development Development Drafting a Declaration on Human Rights Drafting a Declaration on Human Rights

DefendersDefendersDrafting an optional protocol to the Torture Drafting an optional protocol to the Torture

ConventionConvention

Drafting a declaration on the rights of indigenous Drafting a declaration on the rights of indigenous peoplespeoples

Drafting an optional protocol to the Children's Drafting an optional protocol to the Children's Convention on children in armed conflictConvention on children in armed conflict

Drafting guidelines for an optional protocol to the Drafting guidelines for an optional protocol to the Children’s Convention on sale of children, child Children’s Convention on sale of children, child prostitution and child pornographyprostitution and child pornography

The United Nations and Human RightsThe United Nations and Human Rights

SPECIAL RAPPORTEURS: THEMATICSPECIAL RAPPORTEURS: THEMATICSummary or arbitrary executionSummary or arbitrary executionTortureTortureReligious intoleranceReligious intoleranceMercenariesMercenariesSale of children, child prostitution and Sale of children, child prostitution and

child pornographychild pornographyFreedom of expressionFreedom of expression

Violence against womenViolence against womenRacism, racial discrimination and xenophobiaRacism, racial discrimination and xenophobia Internally displaced personsInternally displaced persons Independence of the judiciaryIndependence of the judiciaryEffect of illicit movement and dumping of toxic and Effect of illicit movement and dumping of toxic and

dangerous products on the enjoyment of human rightsdangerous products on the enjoyment of human rights

SPECIAL RAPPORTEURS: COUNTRYSPECIAL RAPPORTEURS: COUNTRYAfghanistanAfghanistanBurundi, Somalia, SudanBurundi, Somalia, Sudan

Guatemala, CubaGuatemala, CubaIran, IraqIran, Iraq

Occupied Territories (Palestine)Occupied Territories (Palestine)MyanmarMyanmar


Committee on the Elimination of Committee on the Elimination of Discrimination Against WomenDiscrimination Against WomenWHAT IT COVERSWHAT IT COVERS CEDAWCEDAW

OF INTEREST TO WOMENOF INTEREST TO WOMEN Addresses “all forms of discrimination,” not just “sex discrimination.”Addresses “all forms of discrimination,” not just “sex discrimination.”

TYPE OF PROCEDURETYPE OF PROCEDURE Reporting and monitoring;Reporting and monitoring; Individual complaints as of 1999)Individual complaints as of 1999)

AVAILABILITY FOR AVAILABILITY FOR INDIVIDUALSINDIVIDUALS

States must have ratified CEDAW and its Optional Protocol.*States must have ratified CEDAW and its Optional Protocol.*

ACCESS FOR INDIVIDUALSACCESS FOR INDIVIDUALS Available to accredited NGOs and others;Available to accredited NGOs and others;New Optional Protocol permits individual complaints.”New Optional Protocol permits individual complaints.”

ROLE OF ADVOCATESROLE OF ADVOCATES Can submit “shadow reports”Can submit “shadow reports”**

REMEDIESREMEDIES **

ADVANTAGESADVANTAGES Broad definition of discrimination;Broad definition of discrimination;Shadow reports have improved its effectiveness;Shadow reports have improved its effectiveness; Increases state accountability;Increases state accountability;New Optional Protocol gives individuals access.*New Optional Protocol gives individuals access.*

DIS-ADVANTAGESDIS-ADVANTAGES Weak enforcement;Weak enforcement;Many reservations weakens usefulness.Many reservations weakens usefulness.


1503 Procedure1503 ProcedureWHAT IT COVERSWHAT IT COVERS Situations that appear to reveal a “widespread pattern of gross human Situations that appear to reveal a “widespread pattern of gross human

rights abuses.”rights abuses.”TYPE OF TYPE OF PROCEDUREPROCEDURE

Complaint-informationComplaint-information


Any person or group complaining of “gross violations”;Any person or group complaining of “gross violations”;Does not need to be the victim;Does not need to be the victim;Complaint can be made against non-UN states.Complaint can be made against non-UN states.

ACCESS TO THE ACCESS TO THE PROCEDUREPROCEDURE

Addressed to the UN Secretary General;Addressed to the UN Secretary General;Should show national remedies exhausted or futile.Should show national remedies exhausted or futile.

ROLE OF ADVOCATESROLE OF ADVOCATES Initiating complaints;Initiating complaints;Offering supplementary information.Offering supplementary information.

REMEDIESREMEDIES None for individuals;None for individuals;Can lead to a decision that gross human rights violations have occurred Can lead to a decision that gross human rights violations have occurred

and should be remedied.and should be remedied.ADVANTAGESADVANTAGES Any state can be subject of complaint.Any state can be subject of complaint.

DIS-ADVANTAGESDIS-ADVANTAGES Secrecy of procedure limits advocacy;Secrecy of procedure limits advocacy;Slow and difficult.Slow and difficult.


International Labour OrganisationInternational Labour OrganisationWHAT IT COVERSWHAT IT COVERS International labour standardsInternational labour standards


Can be helpful in protecting women workers and the rights to equal pay.Can be helpful in protecting women workers and the rights to equal pay.

TYPE OF TYPE OF PROCEDUREPROCEDURE

““Representations”;Representations”;““Complaints”;Complaints”;Others seldom used for women.Others seldom used for women.

AVAILABILITY OF AVAILABILITY OF PROCEDUREPROCEDURE

Representations: “industrial association of employers or workers”;Representations: “industrial association of employers or workers”;Complaints: Governments, unions, employees’ association, ILO Complaints: Governments, unions, employees’ association, ILO

delegates.delegates.ACCESS TO THE ACCESS TO THE PROCEDUREPROCEDURE

Must concern an ILO member state and complain of a violation of an ILO Must concern an ILO member state and complain of a violation of an ILO convention it has accepted.convention it has accepted.

ROLE OF ADVOCATESROLE OF ADVOCATES Commission of Inquiry can ask for information from NGOs;Commission of Inquiry can ask for information from NGOs;NGOs can collaborate with unions and employee associations.NGOs can collaborate with unions and employee associations.

REMEDIESREMEDIES Representations: decisions become a published finding;Representations: decisions become a published finding;Complaint: decision on compliance and recommendations.Complaint: decision on compliance and recommendations.

ADVANTAGESADVANTAGES Comprehensive mechanisms;Comprehensive mechanisms;Governments usually cooperate.Governments usually cooperate.

DISADVANTAGESDISADVANTAGES No NGO access to procedures;No NGO access to procedures;No compensation for individuals;No compensation for individuals;Lack strong enforcement mechanisms.Lack strong enforcement mechanisms.


Commission on the Status of Commission on the Status of WomenWomenWHAT IT COVERSWHAT IT COVERS All women’s rightsAll women’s rights


Prepares studies, reports and recommendations on issues affecting Prepares studies, reports and recommendations on issues affecting women.women.


Complaint-informationComplaint-information


Individuals and groups may submit communications.Individuals and groups may submit communications.

ROLE OF ADVOCATESROLE OF ADVOCATES Advocates may submit a communication but have little role in the Advocates may submit a communication but have little role in the procedure.procedure.

REMEDIESREMEDIES No clear remedies for individuals;No clear remedies for individuals;Committee may make recommendations but has little power to enforce.Committee may make recommendations but has little power to enforce.

ADVANTAGESADVANTAGES Potential advantage in formal response to communication procedures.Potential advantage in formal response to communication procedures.

DISADVANTAGESDISADVANTAGES Limited power and resources;Limited power and resources;No relief for victims of violations.No relief for victims of violations.


Office of the UN High Office of the UN High Commissioner for RefugeesCommissioner for Refugees

WHAT IT COVERSWHAT IT COVERS Protection of refugeesProtection of refugees


Has gender-specific guidelines.Has gender-specific guidelines.

TYPE OF PROCEDURETYPE OF PROCEDURE Complaint-Information.Complaint-Information.


Only refugee women in UNHCR camps.Only refugee women in UNHCR camps.

ACCESS TO THE ACCESS TO THE PROCEDUREPROCEDURE

Any female refugee under jurisdiction of UNHCR.Any female refugee under jurisdiction of UNHCR.

ROLE OF ADVOCATESROLE OF ADVOCATES Can participate in legal literacy programs in camps;Can participate in legal literacy programs in camps;Can assist refugee women in making complaints;Can assist refugee women in making complaints;Can lobby UNHCR to take action on complaints.Can lobby UNHCR to take action on complaints.

REMEDIESREMEDIES Not yet specifiedNot yet specified

ADVANTAGESADVANTAGES UNHCR is accessible to advocates.UNHCR is accessible to advocates.

DISADVANTAGESDISADVANTAGES Unavailable to refugee women outside camps;Unavailable to refugee women outside camps;Vague guidelines;Vague guidelines;Reporting but no protection offered for gender-based violence.Reporting but no protection offered for gender-based violence.


Evaluating Mechanisms and Evaluating Mechanisms and Procedures: Consideration #1Procedures: Consideration #1

Type of procedure?Type of procedure? ComplaintComplaint Reporting/MonitoringReporting/Monitoring MixedMixed



To whom is it available?To whom is it available? Is it a treaty to which the victim’s Is it a treaty to which the victim’s

state must be a party?state must be a party? Is it available to everyone?Is it available to everyone?



Admissibility requirements?Admissibility requirements? Does the case satisfy the admissibility Does the case satisfy the admissibility

requirements?requirements? Have domestic remedies been exhausted?Have domestic remedies been exhausted? Can it be shown that domestic remedies Can it be shown that domestic remedies

are inadequate or inexistent?are inadequate or inexistent? Does the mechanism require that only one Does the mechanism require that only one

system address the matter?system address the matter?



How does the process work?How does the process work? What are the elements of the specific What are the elements of the specific

process (e.g., Investigation/fact finding, process (e.g., Investigation/fact finding, Expert review of case, Report writing, Expert review of case, Report writing, determination, recommendation, judgment, determination, recommendation, judgment, etc.etc.

How long does it take?How long does it take?



Role of NGO’s?Role of NGO’s? Is there openness to NGO input?Is there openness to NGO input? Are there closed hearings which exclude Are there closed hearings which exclude

NGO input?NGO input? Are there particular points in the process at Are there particular points in the process at

which NGO’s may have input?which NGO’s may have input?



Remedies offered?Remedies offered? Are there specific remedies for individuals?Are there specific remedies for individuals? Is the remedy only in the form of Is the remedy only in the form of

mandating changes in government policy?mandating changes in government policy? Does the mechanism have authority to tell Does the mechanism have authority to tell

the government what to do, or can they the government what to do, or can they only make recommendations.only make recommendations.

Is the outcome made public?Is the outcome made public?



Assessing Advantages & DisadvantagesAssessing Advantages & Disadvantages Taken as a whole, how useful will the mechanism Taken as a whole, how useful will the mechanism

be in relation to the issue?be in relation to the issue? Will the outcome benefit a single individual or Will the outcome benefit a single individual or

many women?many women? Relative speed of the decision?Relative speed of the decision? Scope of remedies available?Scope of remedies available? Responsiveness of the government?Responsiveness of the government? Sensitivity to issues of women?Sensitivity to issues of women?


Evaluating the The Human Rights CommitteeEvaluating the The Human Rights CommitteeWHAT IT COVERSWHAT IT COVERS ICCPRICCPR


Prohibits sex discrimination, which it interprets broadly.Prohibits sex discrimination, which it interprets broadly.


Reporting and Monitoring;Reporting and Monitoring;Interstate communication;Interstate communication;Individual complaints.Individual complaints.

AVAILABILITYAVAILABILITY States must have ratified the ICCPR and its Optional Protocol.States must have ratified the ICCPR and its Optional Protocol.

ACCESSACCESS Individuals must be directly affected and present in the state’s territory when Individuals must be directly affected and present in the state’s territory when the violation occurred.the violation occurred.

ROLE OF ADVOCATESROLE OF ADVOCATES NGOs sometimes invited to comment on reports.NGOs sometimes invited to comment on reports.Advocates can influence writing of state reports and comment on Advocates can influence writing of state reports and comment on Committee recommendations.Committee recommendations.

REMEDIESREMEDIES Makes non-binding recommendations (gives violating states 180 days to Makes non-binding recommendations (gives violating states 180 days to respond);respond);Can appoint Special Rapporteur for follow up.Can appoint Special Rapporteur for follow up.

ADVANTAGESADVANTAGES Availability of individual complaint procedures;Availability of individual complaint procedures;Many reports and decisions made public;Many reports and decisions made public;Engages states in human rights issues;Engages states in human rights issues;Members of the Committee often rely on NGOs in their review of reports.Members of the Committee often rely on NGOs in their review of reports.

DISADVANTAGESDISADVANTAGES Long and difficult process;Long and difficult process;Refused complaints reinforce status quo.Refused complaints reinforce status quo.


Evaluating Special Rapporteurs & Working GroupsEvaluating Special Rapporteurs & Working GroupsWORKING GROUPSWORKING GROUPSDisappearancesDisappearancesArbitrary DetentionArbitrary DetentionSituation of Gross Violations Right to Situation of Gross Violations Right to

Development Development Drafting a Declaration on Human Rights Drafting a Declaration on Human Rights

DefendersDefendersDrafting an optional protocol to the Torture Drafting an optional protocol to the Torture

ConventionConvention

Drafting a declaration on the rights of indigenous Drafting a declaration on the rights of indigenous peoplespeoples

Drafting an optional protocol to the Children's Drafting an optional protocol to the Children's Convention on children in armed conflictConvention on children in armed conflict

Drafting guidelines for an optional protocol to the Drafting guidelines for an optional protocol to the Children’s Convention on sale of children, child Children’s Convention on sale of children, child prostitution and child pornographyprostitution and child pornography

The United Nations and Human RightsThe United Nations and Human Rights

SPECIAL RAPPORTEURS: THEMATICSPECIAL RAPPORTEURS: THEMATICSummary or arbitrary executionSummary or arbitrary executionTortureTortureReligious intoleranceReligious intoleranceMercenariesMercenariesSale of children, child prostitution and Sale of children, child prostitution and

child pornographychild pornographyFreedom of expressionFreedom of expression

Violence against womenViolence against womenRacism, racial discrimination and xenophobiaRacism, racial discrimination and xenophobia Internally displaced personsInternally displaced persons Independence of the judiciaryIndependence of the judiciaryEffect of illicit movement and dumping of toxic and Effect of illicit movement and dumping of toxic and

dangerous products on the enjoyment of human rightsdangerous products on the enjoyment of human rights

SPECIAL RAPPORTEURS: COUNTRYSPECIAL RAPPORTEURS: COUNTRYAfghanistanAfghanistanBurundi, Somalia, SudanBurundi, Somalia, Sudan

Guatemala, CubaGuatemala, CubaIran, IraqIran, Iraq

Occupied Territories (Palestine)Occupied Territories (Palestine)MyanmarMyanmar


Evaluating the Committee on the Elimination of Evaluating the Committee on the Elimination of Discrimination Against WomenDiscrimination Against WomenWHAT IT COVERSWHAT IT COVERS CEDAWCEDAW

OF INTEREST TO WOMENOF INTEREST TO WOMEN Addresses “all forms of discrimination,” not just “sex discrimination.”Addresses “all forms of discrimination,” not just “sex discrimination.”

TYPE OF PROCEDURETYPE OF PROCEDURE Reporting and monitoring;Reporting and monitoring; Individual complaintsIndividual complaints


States must have ratified CEDAW and its Optional Protocol.*States must have ratified CEDAW and its Optional Protocol.*

ACCESS FOR INDIVIDUALSACCESS FOR INDIVIDUALS Available to accredited NGOs and others;Available to accredited NGOs and others;Optional Protocol permits individual complaintsOptional Protocol permits individual complaints

ROLE OF ADVOCATESROLE OF ADVOCATES Can submit “shadow reports”Can submit “shadow reports”**

REMEDIESREMEDIES **

ADVANTAGESADVANTAGES Broad definition of discrimination;Broad definition of discrimination;Shadow reports have improved its effectiveness;Shadow reports have improved its effectiveness; Increases state accountability;Increases state accountability;New Optional Protocol gives individuals access.*New Optional Protocol gives individuals access.*

DIS-ADVANTAGESDIS-ADVANTAGES Weak enforcement;Weak enforcement;Many reservations weakens usefulness.Many reservations weakens usefulness.

slides for unit 2 enforcement

Documents

human committee

human rightsrightscommittee

compliance procedures

status committee

lawlawthe culture

legal systemconstitutions

legal systemelements