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Cedaw
Cedaw
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
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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)).
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]
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]
Sessions[edit]
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]
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]
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.