Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW)

 THE CONVENTION
 The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), that was adopted in December 18, 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,
including:
 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; and
 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.  State
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.

 HISTORY OF CEDAW CONVENTION

 Equality of rights for women is a basic principle of the United Nations. The
Preamble to the Charter of the United Nations 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". Article 1 proclaims that one of the purposes of
the United Nations is to achieve international cooperation in promoting
and encouraging respect for human rights and for fundamental freedoms
for all without distinction as to, inter alia, sex.
 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 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.
 1946
 The Commission on the Status of Women (CSW) was established.
It sought to define and elaborate the general guarantees of non-
discrimination in these instruments from a gender perspective. 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
 1949-1959
 The Commission elaborated the Convention on the Political Rights
of Women, adopted by the General Assembly 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.

 December 5, 1963
 The General Assembly, adopted its resolution 1921 (XVIII), in which
it requested the Economic and Social Council to invite the CSW to
prepare a draft declaration that would combine in a single instrument
international standard articulating the equal rights of men and
women.
 1965
 Drafting of the declaration began, with the Declaration on the
Elimination of Discrimination against Women ultimately being
adopted by the GA on 7 November 1967.
 1960s
 An emergence, in many parts of the world, of a new consciousness
of the patterns of discrimination against women and a rise in the
 number of organizations committed to combating the effect of such
discrimination.
 1972
 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.
 1974
 At its twenty-fifth session and in the light of the report of this working
group, the Commission decided to prepare a single, comprehensive
and internationally binding instrument to eliminate discrimination
against women.
 1975
 Drafting work within the Commission was encouraged by the World
Plan of Action for the Implementation of the Objectives of the
International Women's Year, adopted by the World Conference of
the International Women's Year held in Mexico City.
 1979
 The Convention on the Elimination of All Forms of Discrimination
against Women was adopted by the General Assembly by votes of
130 to none, with 10 abstentions. In resolution 34/180, in which the
General Assembly adopted the Convention, the Assembly
expressed the hope that the Convention would come into force at an
early date and requested the Secretary-General to present the text
of the Convention to the mid-decade World Conference of the
United Nations Decade for Women.
 July 17, 1980
 At the special ceremony that took place at the Copenhagen
Conference on, 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.

 CEDAW ARTICLES AT A GLANCE

Art. 1 - Definition of ‘discrimination against women’
 Discrimination against women includes any distinction, exclusion or
restriction made on the basis of sex that has the effect or purpose of
impairing or nullifying women’s enjoyment of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or
any other field. This is irrespective of their marital status, on a basis of
equality of men and women.
Art. 2 - Duty of States
 States agree to pursue by all appropriate means a policy of eliminating
discrimination against women, undertaking to take concrete steps to
eliminate discriminatory laws, policies and practices in the national legal
framework.
Art. 3 – Equality
 States shall take all appropriate measures to ensure the full development
and advancement of women so as to guarantee them the enjoyment of
human rights and fundamental freedoms on a basis of equality with men.
 This is in all fields but in particular the political, social, economic and
cultural fields.
Art. 4 - Special Measures
 States are allowed to adopt temporary special measures to accelerate de
facto equality for women until the objectives of equality of opportunity and
treatment have been achieved. States are allowed to adopt special
measures aimed at protecting maternity.
Art. 5 - Stereotyping and Cultural Prejudices
 States shall take appropriate measures to eliminate stereotyping,
prejudices and discriminatory cultural practices. States shall also ensure
that family education includes a proper understanding of maternity as a
social function and the recognition of the roles of men and women in the
upbringing of their children.
Art. 6 - Trafficking and prostitution
 States shall take all measures to stop all forms of trafficking and the
exploitation of prostitution of women.
Art. 7 - Political and public life
 States shall ensure that women have equal rights with men to vote, hold
public office and participate in civil society.
Art. 8 - Participation at the international level
 States shall ensure that women are allowed to represent their
governments at the international level and to participate in the work of
international organisations.
Art. 9 - Nationality
 States shall grant women equal rights with men to acquire, change or
retain their nationality and also equal rights in respect of their children’s
nationality.
Art. 10 - Education
 States shall ensure that women have equal rights with men in education,
including equal access to schools, vocational training, curricula and
educational resources. States shall eliminate stereotypes of the roles of
women and men through revising school materials and teaching methods.
Art. 11 - Employment
 States shall ensure that women the same opportunities as men in
employment, promotion, training, equal remuneration, social security and
safe working conditions. Women must also be protected in respect of
pregnancy, maternity and marital status.
Art. 12 - Health
 States shall ensure that women have equal rights with men to access to
health care services, including reproductive health services.
Art. 13 - Economic and social benefits
 States shall ensure that women have equal rights with men to family
benefits, bank loans and other forms of financial credit. Women must also
be allowed to participate equally in recreational activities, sports and all
aspects of cultural life.
Art. 14 - Rural women
 States shall take all appropriate measures to eliminate discrimination
against women in rural areas so that they can participate in and benefit
from health care, education, social security, development planning etc
equally with men.
 Art. 15 - Equality before the law
 States shall ensure that women and men are treated equally before the
law. Women have the same legal right to enter contracts, own property
and choose their place of residence.
Art. 16 - Marriage and family life
 States shall ensure that women have equal rights with men in relation to
marriage and as parents, as well as in respect of other aspects of family
life.
Art. 17 – 24
 These articles describe the composition and procedures of the
CEDAWCommittee, the relationship between CEDAW and national and
internationallegislation and the obligation of States to take all steps
necessary to implement CEDAW in full.
Art. 25 – 30
 These articles describe the general administrative procedures
concerningenforcement of CEDAW, ratification and entering reservations.

 STATE PARTIES
 The Convention was opened for signature at the United Nations
Headquarters on 1 March 1980.
 The CEDAW has over 189 state parties with 99 signatories.
 Some of the state parties are:

PARTICIPANT SIGNATURE RATIFICATION,

ACCESSION (A),
SUCCESSION (D)

Philippines July 15, 1980 August 5, 1981

United States of America July 17, 1980

France July 17, 1980 December 14, 1983

Germany July 17, 1980 July 10, 1985

South Africa January 29, 1993 December 15, 1995

Republic of Korea May 25, 1983 December 27, 1984

Saudi Arabia September 7, 2000 September 7, 2000

Italy July 17, 1980 June 10, 1985

Ireland December 23, 1985

 RESERVATIONS
 The Convention permits ratification subject to reservations, provided that
the reservations are not incompatible with the object and purpose of the
Convention. Some States parties that enter reservations to the Convention
do not enter reservations to analogous provisions in other human rights
treaties.
a. Impermissible reservations
 Article 28, paragraph 2, of the Convention adopts the
impermissibility principle contained in the Vienna Convention
on the Law of Treaties. It states that a reservation
incompatible with the object and purpose of the present
Convention shall not be permitted.
 The Committee holds the view that article 2 is central to the
objects and purpose of the Convention. States parties which
ratify the Convention do so because they agree that
discrimination against women in all its forms should be
condemned and that the strategies set out in article 2,
subparagraphs (a) to (g), should be implemented by States
parties to eliminate it.

b. Removing reservations
 The Committee considers that those States parties which
have entered reservations to the Convention have certain
options open to them. According to the Special Rapporteur
appointed by the International Law Commission to report on
the law and practice relating to reservations to treaties a
State party may:
(i) After having examined the finding in good faith,
maintain its reservation;
(ii) Withdraw its reservation;
(iii) "Regularize" its situation by replacing its
impermissible reservation with a permissible
reservation;
(iv) Renounce being a party to the Treaty.

 The Role of the Committee

 The Committee, in its examination of States' reports, enters into
constructive dialogue with the State party and makes concluding
comments routinely expressing concern at the entry of reservations,
in particular to articles 2 and 16, or the failure of States parties to
withdraw or modify them.
 The Special Rapporteur considers that control of the permissibility of
reservations is the primary responsibility of the States parties.
However, the Committee again wishes to draw to the attention of
States parties its grave concern at the number and extent of
impermissible reservations.
 •The Committee in two of the general recommendations and its
statement on reservations has called on the States to re-examine
their self-imposed limitations to full compliance with all the principles
in the Convention by the entry of reservations.
  Removal or modification of reservations, particularly to articles 2 and
16, would indicate a State party's determination to remove all
barriers to women's full equality and its commitment to ensuring that
women are able to participate fully in all aspects of public and
private life without fear of discrimination or recrimination.

 COUNTRY REPORTS
 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.

PHILIPPINES

Third periodic report 16th Session (1997)

Fourth periodic report 16th Session (1997)

Combined fifth and sixth periodic report 36th Session (2006)

 The Philippines passed its national reports on the dates illustrated above.

o OPTIONAL PROTOCOL
 Human rights treaties are followed by "Optional Protocols" which may
either provide for procedures with regard to the treaty or address a
substantive area related to the treaty. Optional Protocols to human rights
treaties are treaties in their own right, and are open to signature,
accession or ratification by countries who are party to the main treaty.
 In a landmark decision for women, the General Assembly, acting without a
vote, adopted on 6 October 1999 a 21-article Optional Protocol to the
Convention on the Elimination of all Forms of Discrimination against
Women and called on all States parties to the Convention to become party
to the new instrument as soon as possible.
 By ratifying the Optional Protocol, a State recognizes the competence of
the Committee on the Elimination of Discrimination against Women -- the
body that monitors States parties' compliance with the Convention -- to
receive and consider complaints from individuals or groups within its
jurisdiction.
 The Protocol contains two procedures:
(1) A communications procedure allows individual women, or groups of
women, to submit claims of violations of rights protected under the
Convention to the Committee. The Protocol establishes that in
order for individual communications to be admitted for
consideration by the Committee, a number of criteria must be met,
including those domestic remedies must have been exhausted.
(2) The Protocol also creates an inquiry procedure enabling the
Committee to initiate inquiries into situations of grave or systematic
violations of women’s rights.
  In either case, States must be party to the Convention and the
Protocol. The Protocol includes an "opt-out clause", allowing States
upon ratification or accession to declare that they do not accept the
inquiry procedure. Article 17 of the Protocol explicitly provides that
no reservations may be entered to its terms.
 The Optional Protocol entered into force on 22 December 2000,
following the ratification of the tenth State party to the Convention. The
entry into force of the Optional Protocol puts it on an equal footing with
International Covenant on Civil and Political Rights, the Convention on
the Elimination of All Forms of Racial Discrimination, and the Convention
against Torture and other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment, which all have communications procedures.
The inquiry procedure is the equivalent of that under the Convention
against Torture.
 On the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women, there are 114 State parties with
80 signatories.

o RA No. 9710 (Magna Carta of Women)

 The Magna Carta of Women (MCW) is a comprehensive women’s human
rights law that seeks to eliminate discrimination through the recognition,
protection, fulfillment, and promotion of the rights of Filipino women,
especially those belonging in the marginalized sectors of the society. It
conveys a framework of rights for women based directly on international
law.
 The MCW establishes the Philippine government’s pledge of commitment
to the Convention on the Elimination of All Forms of Discrimination against
Women’s (CEDAW) Committee in its 36th Session in 2006 and to the UN
Human Rights Council on its first Universal Periodic Review in 2009. It is
the local translation of the provisions of the CEDAW, particularly in
defining gender discrimination, state obligations, substantive equality, and
temporary special measures. It also recognizes human rights guaranteed
by the International Covenant on Economic, Social and Cultural Rights
(ICESCR).

o RA No. 10354 (Reproductive Health Law or RH Law)

 Also known as “The Responsible Parenthood and Reproductive Health
Act of 2012”.
 A national policy that mandates the Philippine government to
comprehensively address the needs of Filipino citizens when it comes to
responsible parenthood and reproductive health.
 As such, the RH Law guarantees the following: (1) access to services on
Reproductive Health (RH) and Family Planning (FP), with due regard to
the informed choice of individuals and couples who will accept these
services, (2) maternal health care services, including skilled birth
attendance and facility-based deliveries, (3) reproductive health and
sexuality education for the youth, and (4) regular funding for the law’s full
implementation.
  The RH Law is rooted on the human rights of every individual including
their right to equality and nondiscrimination, the right to sustainable human
development, the right to health including Reproductive Health, and the
right to make decisions for themselves in accordance with their religious
convictions, ethics, cultural beliefs, and the demands of responsible
parenthood.
 The RH Law also recognizes the inviolable institution and foundation of
the family and guarantees the promotion of gender equality, gender
equity, women empowerment and dignity as a health and human rights
concern and as a social responsibility.

REPORTERS: JD 2
Calag, Glaiza Mae
Gabe, Nolie Pearl
Masongsong, Shannon Gail