Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW)

❖ THE CONVENTION
✔ adopted on December 18, 1979 by the UN General Assembly
✔ it came into effect on September 3, 1981
✔ often described as an international bill of rights for women
✔ consisting of a preamble and 30 articles
✔ defines what constitutes discrimination against women and sets up an
agenda for national action to end such discrimination

✔ Discrimination against women – defined 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.

✔ 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. 

✔ 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.

▪ 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 CEDAW
Committee, the relationship between CEDAW and national and
international legislation 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
concerning enforcement 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

✔ Philippines has signed it on July 15, 1980 and ratified it on August 5,

1981 (the first ASEAN country to do so).

✔ 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.

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.