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The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is an

international treaty adopted in 1979 by the United Nations General Assembly. Described as an
international bill of rights for women, it came into force on 3 September 1981 and has been ratified by 188
states. Over fifty countries that have ratified the Convention have done so subject to certain declarations,
reservations, and objections, including 38 countries who rejected the enforcement article 29, which
addresses means of settlement for disputes concerning the interpretation or application of the
Convention.[1] Australia's declaration noted the limitations on central government power resulting from its
federal constitutional system. The United States and Palau have signed, but not yet ratified the treaty.
The Holy See, Iran, Somalia, South Sudan, Sudan and Tonga are not signatories to CEDAW.
Contents
[hide]

1 The Convention
2 CEDAW with UNSCR 1325 and 1820
3 Members and ratification
4 Committee on the Elimination of Discrimination against Women
o 4.1 History of the committee
o 4.2 Sessions
o 4.3 Reports
o 4.4 General Recommendations
o 4.5 Changes in the committee
o 4.6 Recommendations for improvement
o 4.7 Languages
o 4.8 Members and Officers of the Committee
5 Optional Protocol
6 Controversy
7 See also
8 Further reading
9 References
10 External links

The Convention[edit]
The Convention defines discrimination against women in the following terms:
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.
It also establishes an agenda of action for putting an end to sex-based discrimination:
States must take measures to seek to eliminate prejudices and customs based on the idea of the inferiority
or the superiority of one sex or on stereotyped role for men and women.
States ratifying the Convention are required to enshrine gender equality into their domestic legislation,
repeal all discriminatory provisions in their laws, and enact new provisions to guard against discrimination
against women. However, special protection for maternity is not regarded as gender discrimination (Article
4). Appropriate measures, including legislation, to suppress all forms of trafficking in women and forced
prostitution are also not regarded as gender discrimination (Article 6). Equal opportunity in education for
female students is required, and coeducation is encouraged. (Article 10). Right to work for women as

"un unalienable rights of all human being" with equal pay for equal work andright to social security, paid
leave and maternity leave with pay or with comparable social benefits without loss of former employment
and seniority or social allowance. Dismissal on the grounds of maternity, pregnancy or status of marriage
shall be prohibited with sanction (Article 11). States ratifying the Convention must also establish tribunals
and public institutions to guarantee women effective protection against discrimination, and take steps to
eliminate all forms of discrimination practiced against women by individuals, organizations, and enterprises
(Article 2,(e)).

CEDAW with UNSCR 1325 and 1820[edit]

A world map showing countries by CEDAW enforcement, 2010.

Resolutions 1325 10th anniversary events highlight use of CEDAW mechanisms[2]


The 10th anniversary of Resolution 1325 in October 2010 highlighted the increasing demand for
accountability to UN Security Council Resolution 1325 on Women, Peace and Security. Many expressed
concern about the fact that only 22 Member States out of 192 have adopted national action plans. Women
are still underrepresented if not totally absent in most official peace negotiations and sexual violence in
conflict continue to increase.
These realities emphasized the need to use other legal mechanisms to strengthen the implementation of
SCR 1325, particularly CEDAW. The well-established mechanisms of CEDAW the Member States
compliance report and the civil society shadow reporting process were cited as powerful instruments to
ensure accountability.
Several regional and international meetings including the High Level Seminar 1325 in 2020: Looking
ForwardLooking Back, organized by the African Center for the Constructive Resolution of Disputes, and
the Stockholm International Conference 10 years with 1325 What now? called for the use of CEDAW to
improve 1325 implementation.
Intersection between SCR 1325 and CEDAW [3]
While CEDAW and UN Security Council Resolutions 1325 and 1820 on Women, Peace and Security are
important international instruments on their own, there is also an intersection among the three standards
that can be used to enhance their implementation and impact.

Resolutions 1325 and 1820 broaden the scope of CEDAW application by clarifying its relevance to all
parties in conflict, whereas CEDAW provides concrete strategic guidance for actions to be taken on the
broad commitments outlined in the two Resolutions.[4]
CEDAW is a global human rights treaty that should be incorporated into national law as the highest
standard for women's rights. It requires UN Member States that have ratified it (185 to date) to set in place
mechanisms to fully realize women's rights.
Resolution 1325 is an international law unanimously adopted by the Security Council that mandates UN
Member States to engage women in all aspects of peace building including ensuring women's participation
on all levels of decisionmaking on peace and security issues.
Resolution 1820 links sexual violence as a tactic of war with the maintenance of international peace and
security. It also demands a comprehensive report from the UN Secretary General on implementation and
strategies for improving information flow to the Security Council; and adoption of concrete protection and
prevention measures to end sexual violence.
Resolutions 1325 and 1820, and CEDAW share the following agenda on women's human rights
and gender equality:[2]
1. Demand womens participation in decision-making at all levels
2. Rejection of violence against women as it impedes the advancement of women and maintains their
subordinate status
3. Equality of women and men under the law; protection of women and girls through the rule of law
4. Demand security forces and systems to protect women and girls from gender-based violence
5. Recognition of the fact that distinct experiences and burdens of women and girls come from
systemic discrimination
6. Ensure that womens experiences, needs and perspectives are incorporated into the political, legal
and social decisions that determine the achievement of just and lasting peace
A General Comment from the CEDAW committee could strengthen womens advocacy for the full
implementation of Resolutions 1325 and 1820 at the country and community levels. Conversely, CEDAWs
relevance to conflict-affected areas will be underscored further by the two Resolutions. In other words, all
three international instruments will reinforce each other and be much more effective if used together in
leveraging womens human rights.[5]

Members and ratification[edit]


Main article: List of parties to the Convention on the Elimination of All Forms of Discrimination Against
Women

Participation in the CEDAW


Signed and ratified
Only signed
Ratified by accession or succession
Non-signatory
Unrecognized state, abiding by treaty

The seven UN member states that have not ratified or acceded to the convention
are Iran, Palau, Somalia,South Sudan, Sudan, Tonga, and the United States.[6]
The one UN non-member state that had not acceded to the convention is the Holy See/Vatican City.[6][7]
The Republic of China (Taiwan) in 2007 has also ratified the treaty in its legislature, but is unrecognized by
the United Nations and is a party to the treaty only unofficially.[8]
The latest state to have acceded the convention was the State of Palestine on April 2, 2014.[6]

Committee on the Elimination of Discrimination against


Women[edit]
The Committee on the Elimination of Discrimination Against Women is the United Nations (U.N.)
treaty body that oversees the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW). The formation of this committee was outlined in Article 17 of the CEDAW, which also
established the rules, purpose, and operating procedures of the committee.[9] Throughout its years of
operation the committee has held multiple sessions to ensure the rules outlined in the CEDAW are being
followed. Over time the practices of the committee have evolved due to an increased focus on women's
rights issues.

History of the committee[edit]


The Committee on the Elimination of Discrimination Against Women was formed on 3 September 1981
after the CEDAW received the 20 ratifications required for it to enter into force. Article 17 of the CEDAW
established the committee in order to ensure that the provisions of the CEDAW were followed by the
countries that had signed and agreed to be bound by it.[9] The first regular session of the committee was
held from 1822 October 1982. In this session the first officers of the committee were elected by simple
majority, with Ms. L. Ider of Mongolia becoming chairperson.[10] Other officers elected were three vice
chairpersons: M. Caron of Canada, Z. Ilic of Yugoslavia and L. Mukayiranga ofRwanda. The final officer
elected was D. P. Bernard of Guyana as rapporteur of the committee. During this session the committee
also unanimously approved to adopt its rules of procedure.[10]

Sessions[edit]

Palais des Nations

The rules regarding where and when the committee can hold sessions are laid out in their rules of
procedure.[11]

UN Headquarters

The committee is allowed to hold as many meetings as are required to perform their duties effectively, with
the states party to the CEDAW and the Secretary-General of the United Nationsauthorizing the number of
regular sessions held.[11] In addition, special sessions can be held at the request of either a state party to
the convention or the majority of the members serving on the committee.[11] Fifty-three sessions have been
held to date, with the most recent taking place from 1 October 2012 to 19 October 2012.[12] The first thirtynine sessions were held at the United Nations headquarters building in New York City, with the fortieth
session and alternating sessions following it held in the Palais des Nations in Geneva.[12] During each of its
regular sessions the committee hears reports from states party to the CEDAW on their progress in
adhering to CEDAW and implementing its ideas in their countries.[13] The committee also holds presessional work groups to discuss the issues and questions that the committee should deal with during the
following session.

Reports[edit]
Under article 18 of the CEDAW states must report to the committee on the progress they have made in
implementing the CEDAW within their state.[11] As most of the information the committee works with comes
from these reports, guidelines have been developed to help states prepare accurate and useful
reports.[14] Initial reports discussing the current picture of discrimination against women in the reporting
states are required to specifically deal with each article of the CEDAW, and consist of no more than onehundred pages.[11] States are required to prepare and present these initial reports within one year of
ratifying the CEDAW.[9] Periodic reports detailing the state's progress in adhering to the articles of the
CEDAW should be no more than seventy-five pages in length and should focus on the specific period of
time since the state's last report.[11] States party to the CEDAW are typically required to provide periodic
reports every four years, but if the committee is concerned about the situation in that state they can request
a report at any time.[9]
The committee chooses which reports to address by considering factors such as the amount of time the
report has been pending, whether the report is initial or periodic (with more priority given to initial reports),
and from which region the report originates.[11] Eight states are invited to give their reports during each

session and it is required a representative from the state is in attendance when the report is
presented.[11] The committee focuses on constructive dialogue when a report is presented, and appreciates
careful time management on the part of the state presenting its report.[11] Due to the high backlog of
overdue reports the committee has encouraged states to combine all of their outstanding reports into one
document, and sends reminders to states who have reports five years overdue.[11] The CEDAW also
requires that the committee provide an annual report that includes its activities, comments relating to the
reports provided by states, information relating to the Optional Protocol of the CEDAW, and any other
general suggestions or recommendations the committee has made.[11] This report is given to the United
Nations General Assembly through the Economic and Social Council.[11] All reports, agendas and other
official documents pertaining to the committee, including the reports provided by the states, are provided to
the public unless otherwise decided by the committee.[11]

General Recommendations[edit]
Along with issuing its annual report and offering advice to reporting states, the committee has the ability to
issue general recommendations that elaborate on its views of the obligations imposed by CEDAW. [14] To
date, the committee has issued twenty-five general recommendations, the latest dealing with the
committee's interpretation of the CEDAW's obligations relating to women's role in public life, and women's
access to healthcare.[14] The recommendations issued by the committee in its first decade were short and
dealt mainly with the content of states reports and reservations to the convention.[14] Since 1991, however,
recommendations have been focused on guiding states application of the CEDAW in specific
situations.[14] The formulation of a general recommendation begins with dialogue between the committee on
the topic in the recommendation with various non-governmental organizations and other U.N.
bodies.[14] The recommendation is then drafted by a member of the committee and discussed and revised in
the next session, and finally adopted in the following session.[14]
In 2013, the Committee on the Elimination of Discrimination against Women said in a general
recommendation that states that have ratified the UN Womens Rights Convention are obliged to uphold
womens rights before, during, and after conflict when they are directly involved in fighting, and/or are
providing peacekeeping troops or donor assistance for conflict prevention, humanitarian aid or post-conflict
reconstruction.[15] The Committee also stated that ratifying states should exercise due diligence in ensuring
that non-state actors, such as armed groups and private security contractors, be held accountable for
crimes against women.[15]

Changes in the committee[edit]


For the first ten years the committee operated significantly differently from now. The only form
of censure given to the committee by the CEDAW was their general recommendations and concluding
comments following a report.[16] Due to the emergence of the Global Campaign for Women's Human Rights
in 1991 more attention was given to the CEDAW, reviving the committee.[16] The committee made changes
to the CEDAW that allowed it to meet more than once a year, and have taken advantage of this by meeting
at least twice a year since 1997.[16] The committee originally only met for two weeks in its annual sessions,
but that has now been changed to meeting multiple times a year in eighteen day sessions.[13] CEDAW also
gained new complaint and inquiry proceedings allowing the committee to initiate inquiry proceedings if it
believes a state is in severe violation of the articles of the CEDAW.[16]

Recommendations for improvement[edit]

Despite evolving since the committee was first formed, members believe there are ways in which the
committee can better meet the goals outlined in the CEDAW.[9] One of the committee's main goals moving
forward is expanding its information base, allowing it to more effectively deal with issues that arise
concerning the CEDAW.[9] The committee is authorized in Article 22 of the CEDAW to invite specialized
U.N. agencies such as the United Nations Development Programme to deliver reports discussing women's
rights issues in the state under discussion.[9] Another method for gathering information is requesting reports
from non-governmental organizations dealing with discrimination against women that are operating in the
country under discussion.[9] This is recommended to insure that the committee is receiving the full, unbiased
picture of affairs within the reporting state.[9]
Another recommendation for improvement involves interpreting and clarifying the language used in the
CEDAW in order to make the document as useful as it can be.[9] A third improvement that has been
suggested is improving the efficiency of the committee.[9] Due to the backlog in reports faced by the
committee it has been suggested that the government officials who prepare reports presented to the
committee should be trained, in order to make all reports uniform and more easily processed. [9] A final
suggestion for improvement is the implementation of a right of petition in the CEDAW, allowing the
committee to hear complaints from citizens of a state against the state, increasing the committee's strength
and direct impact on the problem of discrimination against women.[9]

Languages[edit]
The official languages of the committee are English, Arabic, French, Russian, and Spanish, with any
statement made in one of the official languages translated into the other four.[11] A speaker who does not
speak one of the official languages provides a translator.[11] All formal decisions and documents issued by
the committee are provided in each of the official languages.[11] The original rules of procedure adopted by
the committee did not include Arabic as an official language, but the rule was amended in the committees
second session to include Arabic.[10]

Members and Officers of the Committee[edit]


Twenty-three members serve on the committee, described as experts for their experience and expertise in
women's issues.[17] The members are nominated by their national governments and elected through a
secret ballot by states party to the convention.[17] Upon winning the election and taking up their
responsibilities the members of the committee recite the following statement, known as the solemn
declaration, I solemnly declare that I shall perform my duties and exercise powers as a member of the
Committee on the Elimination of Discrimination against Women honourably, faithfully, impartially and
conscientiously.[11] The members come from a wide range of occupations including doctors, lawyers,
diplomats and educators, providing various viewpoints to the committee due to their diversity. [17] Many
members continue to hold full-time jobs outside the committee and receive little monetary payment for their
work on the committee.[17]
To insure that the nationality of members encompasses all the diverse states who have signed the
CEDAW, members are elected according to regions divided into Latin America and the Caribbean, Africa,
Asia, Western Europe, and Eastern Europe.[17] The members of the committee differ from those of other
treaty bodies of the United Nations in that they have all been women with only one exception. [9] In the event
a member of the committee is unable to continue serving on the committee before her term is up the state
that had nominated the resigning member shall nominate another expert from their country to fill in her
seat.[11] Committee members and experts also attend an annual luncheon, hosted by the NGO Committee

on the Status of Women, NY (NGO CSW/NY), where key issues are discusses and the efforts of the
committee are honored.[18]
Officers of the Committee
The officers of the committee are composed of a chairperson, three vice-chairpersons and a
rapporteur.[19] Officers of the committee are nominated by another member of the committee, as opposed to
a government which nominates members for the committee.[10] All officers are elected by majority vote to a
two-year term of office, and remain eligible for re-election after their term expires.[11] The chairperson's
duties include declaring a meeting to be open or closed, directing the discussion in a session, announcing
decisions made by the committee, preparing agendas in consultation with the secretary-general,
designating the members of pre-sessional working groups and representing the committee at United
Nations meetings which the committee is invited to participate in.[11] In the case the chairperson is unable to
perform any her duties she designates one of the three vice-chairpersons to take over her role. If the
chairperson fails to designate a vice-chairperson prior to her absence then the vice-chairperson with the
first name in English alphabetical order takes over.[11] In the event an officer is unable to continue serving
on the committee before her term expires a new officer from the same region as the original officer shall be
nominated, elected and will take over the vacated office.

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