INTERNATIONAL HUMAN RIGHTS

ASSIGNMENT

ON

TOPIC: CONVENTION ON ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN, 1979

SUBMITTED TO: SUBMITTED BY:

DR.JASNEET KAUR WALIA SARGAM KHULLAR
ROLL NO. 196/17
B.COM LLB (HONS.)
SEMESTER: 9TH
SECTION: D

1
ACKNOWLEDGEMENT

Primarily I would thank God for being able to complete this project with
success. Then I would like to express my special thanks of gratitude to
my professor “Dr. JASNEET KAUR WALIA.” for their able guidance
and support in completing my assignment.
Then I would like to thank my parents and friends who have helped me
with their valuable suggestions and guidance has been helpful in
various phases of the completion of the project.

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 TABLE OF CONTENTS

INTRODUCTION……………………………………………………………………………5

CONVENTION ON ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN, 1979……………………………………..……6

OPTIONAL PROTOCOL, OCTOBER 7, 1999…………………………………………...15

CONVENTION AND INDIA……………………………………………………………….16

CONCLUSION……………………………………………………………………………….19

REFERENCES……………………………………………………………………………….20

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 TABLE OF CASES

Apparel Export Promotion Council v. K. Chopra……………………….……………..….18

C. Masilamani Mudaliar & Ors vs The Idol Of Sri…….………………………………….16

Githa Hariharan v. Reserve Bank of India………………………….……………….……..18

Mohammad Yunis vs Malooki Widow Of Nabi Khan And Ors…………………………..16

Mrs. Valsamma Paul v. Cochin University and others, J.T……………………………….17

Vishaka & Ors v. State Of Rajasthan & Ors……………………………………………….18

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INTRODUCTION

There are certain groups of human beings which either by nature or because of deep rooted custom
are weak and vulnerable, such as, a child, women, disabled persons, etc. However they being
human beings do possess human rights and fundamental freedoms. But their rights have been
violated very frequently by dominant section of the society 1.

The General Assembly on November 7, 1967 adopted a Declaration on Elimination of

Discrimination against Women, and in order to implement the principles set forth in declaration,
a convention on the Elimination of all forms of Discrimination Against Women was adopted by
the General Assembly on December 18, 1979. The Convention often described as an
‘INTERNATIONAL BILL OF RIGHTS FOR WOMEN’, came into force in 1981. 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.

The Convention was the culmination of more than thirty years of work by the United Nations
Commission on the Status of Women, a body established in 1946 to monitor the situation of
women and to promote women's rights. The Commission's work has been instrumental in bringing
to light all the areas in which women are denied equality with men. These efforts for the
advancement of women have resulted in several declarations and conventions, of which the
Convention on the Elimination of All Forms of Discrimination against Women is the central and
most comprehensive document.

Among the international human rights treaties, the Convention takes an important place in bringing
the female half of humanity into the focus of human rights concerns. The spirit of the Convention
is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the
dignity, and worth of the human person, in the equal rights of men and women. The present
document spells out the meaning of equality and how it can be achieved. In so doing, the

1Dr. HO Aggarwal International Law and Human Rights Ed. 5th , Central Law Publications, Allahabad, (2018),
p.442

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Convention establishes not only an international bill of rights for women, but also an agenda for
action by countries to guarantee the enjoyment of those rights.

CONVENTION ON ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN, 1979

The CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN, adopted in 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 2."

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 3.

2 https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx, retrieved on 29 October 2021

3 https://www.un.org/womenwatch/daw/cedaw/, retrieved on 29 October 2021

6
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. States
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 4.

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 5.

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.

The Convention has a similar format to the Convention on the Elimination of All Forms of Racial
Discrimination, "both with regard to the scope of its substantive obligations and its international
monitoring mechanisms"6.

The Convention is structured in six parts with 30 articles total.

Part I

(Articles 1-6) Denoted to general principles and commitments

DEFINING DISCRIMINATION AGAINT WOMEN

For the purposes of the present Convention, the term "discrimination against women" shall mean
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

4 Gokulesh Sharma Human Rights and Social Justice Ed. 2nd Deep and Deep Publications, Delhi,(1997),p.309
5 S.K Kapoor International Laws and Human Rights, Central Law Agency, Allahabad,(2014),p.222
6 Supra Note 2

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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 7.

Article 2 of the convention says that States Parties condemn discrimination against women in all
its forms, agree to pursue by all appropriate means and without delay a policy of eliminating
discrimination against women.

Part II (Articles 7-9) outlines women's rights in the public sphere with an
emphasis on political life, representation, and rights to nationality.
Article 7 of the convention says that States Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of the country and, in particular, shall
ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public referenda and to be eligible for election to all publicly
elected bodies;
(b) To participate in the formulation of government policy and the implementation thereof and to
hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public
and political life of the country.

Article 8 says that States Parties shall take all appropriate measures to ensure to women, on equal
terms with men and without any discrimination, the opportunity to represent their Governments at
the international level and to participate in the work of international organizations. Article 9 of the
convention talks about nationality.

Part III

(Articles 10-14) describes the economic and social rights of women, particularly
focusing on education, employment, and health. Part III also includes special
protections for rural women and the problems they face.

7 Supra Note 1, p.442

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 - Education

The convention under article 10 provides that States Parties shall take all appropriate measures to
eliminate discrimination against women in order to ensure to them equal rights with men in the
field of education and in particular to ensure8, on a basis of equality of men and women: (a) The
same conditions for career and vocational guidance, for access to studies and for the achievement
of diplomas in educational establishments of all categories in rural as well as in urban areas; this
equality shall be ensured in pre-school, general, technical, professional and higher technical
education, as well as in all types of vocational training;
(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the
same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in
all forms of education by encouraging coeducation and other types of education which will help
to achieve this aim and, in particular, by the revision of textbooks and school programmes and the
adaptation of teaching methods;

(d ) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and
functional literacy programmes, particulary those aimed at reducing, at the earliest possible time,
any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls
and women who have left school prematurely;

(g) The same Opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of
families, including information and advice on family planning9.

- Employment

8 Supra Note 1, p.443

9 Ibid

9
The convention under article 11 provides that the States Parties shall take all appropriate measures
to eliminate discrimination against women in the field of employment in order to ensure10, on a
basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria
for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and
all benefits and conditions of service and the right to receive vocational training and retraining,
including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work
of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding
of the function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and
to ensure their effective right to work, States Parties shall take appropriate measures: (a) To
prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of
maternity leave and discrimination in dismissals on the basis of marital status;
(b) To introduce maternity leave with pay or with comparable social benefits without loss of former
employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to
combine family obligations with work responsibilities and participation in public life, in particular
through promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be
harmful to them.

10 https://www.un.org/womenwatch/daw/cedaw/, retrieved on 29 October 2021

10
3. Protective legislation relating to matters covered in this article shall be reviewed periodically in
the light of scientific and technological knowledge and shall be revised, repealed or extended as
necessary.

- Health care

Article 12 of the convention States Parties shall take all appropriate measures to eliminate
discrimination against women in the field of health care in order to ensure, on a basis of equality
of men and women, access to health care services, including those related to family planning 11.

- Economic and Social life

The convention under article 13 provides that Parties shall take all appropriate measures to
eliminate discrimination against women in other areas of economic and social life in order to
ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to
family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

- Women in rural areas

Article 14 States Parties shall take into account the particular problems faced by rural women and
the significant roles which rural women play in the economic survival of their families, including
their work in the non-monetized sectors of the economy, and shall take all appropriate measures
to ensure the application of the provisions of the present Convention to women in rural areas.
States Parties shall take all appropriate measures to eliminate discrimination against women in
rural areas in order to ensure, on a basis of equality of men and women, that they participate in and
benefit from rural development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

11 Supra Note 1, p.443

11
(b) To have access to adequate health care facilities, including information, counseling and
services in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to
functional literacy, as well as, inter alia, the benefit of all community and extension services, in
order to increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic
opportunities through employment or self employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology
and equal treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity
and water supply, transport and communications 12.

Part IV

- Equality before law

Article 15 provides:
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men
and the same opportunities to exercise that capacity. In particular, they shall give women equal
rights to conclude contracts and to administer property and shall treat them equally in all stages of
procedure in courts and tribunals.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal
effect which is directed at restricting the legal capacity of women shall be deemed null and void.

12 Supra Note 5,p.224

12
4. States Parties shall accord to men and women the same rights with regard to the law relating to
the movement of persons and the freedom to choose their residence and domicile.

- Marriage and family relations

Article 16 provides:

1. States Parties shall take all appropriate measures to eliminate discrimination against women in
all matters relating to marriage and family relations and in particular shall ensure, on a basis of
equality of men and women: (a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and
full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters
relating to their children; in all cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children
and to have access to the information, education and means to enable them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship, ward ship, trusteeship and
adoption of children, or similar institutions where these concepts exist in national legislation; in
all cases the interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of charge or for a valuable
consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage and to make the
registration of marriages in an official registry compulsory13.

13 Supra Note 3

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Part V

(Articles 17-22) Implementation Procedure

- Establishment

The convention under article 17 made a provision for the establishment of a committee on the
elimination of discrimination against women for the purpose of considering the progress made in
implementation of the provision of the convention 14.

- Members:

The committee shall consist of eighteen members ( at the time of entry into force of the convention)
and 23 members (after rectification). The members shall be experts of high moral standing and
shall possess competence in the field covered by the convention. The convention shall be elected
by states parties from among their nationals and shall serve in their personal capacity.

- Monitoring and Reporting system:

The parties shall report periodically to the committee a report on the legislative, judicial,
administrative or other measures which they have adopted to give effect to the provisions of the
convention. The committee examines report submitted by the states parties and make suggestions
and recommendations based on their considerations. Thus, the committee acts as a monitoring
system to oversee the implementation of the convention. The committee shall report annually to
the general assembly through the economic and social council on its activities and may make
suggestions and general recommendations based on the examination of reports and information
received from the states parties 15.

- Procedure:

A committee on elimination of discrimination against women was established in 1981 when the
convention entered into force. It is composed of 23 independent experts. The committee meets
only 2 weeks a year, which is clearly inadequate. The states parties are required to report

14 Supra Note 1,p.444

15
Supra Note 1, p.445

14
periodically to the committee on legislative, judicial, administrative or other measures which they
have adopted to give effect to the provisions of the convention. Thus, the convention is
implemented by means of states parties report. The committee submits its annual report to the
general assembly, through the economic and social council, on its activities and may make
suggestions and general recommendations based on the examination of reports and information
received from the states parties 16.

Part VI

(Articles 23-30)

It refers to issues of procedure entering into force, solution of controversies and presentation of
reservation.

OPTIONAL PROTOCOL, OCTOBER 7, 1999

The optional protocol provided for:

- (A) Individual Complaint System: it enables victims directly to reach CEDAW

bypassing government.

Article 2: communication can be made by individual or group of individuals in writing

and not be anonymous.

Before considering complaint committee has to check:-

1. All domestic remedies have been exhausted

2. It has not been examined by committee or under any other international
procedure.
3. Complaint is compatible within the provisions of the act.

After complaint has been considered,

16 Supra Note 3

15
 - Committee shall write to state party to stop alleged discrimination and 6 months time is
given to provide a written explanation.
- 6 months time to consider committees views and write response.

(B) Inquiry Procedure

Allows committee to initiate confidential investigation by one or more of its members when it has
received reliable info of grave and systematic violations of human rights 17.

CONVENTION AND INDIA

In C. Masilamani Mudaliar & Ors vs The Idol Of Sri18, court observed that the Vienna
declaration on the elimination of all forms of discrimination against women for short "CEDAW"
was ratified by the U.N.O. on December 18, 1979. The Government of India who was an active
participant to CEDAW ratified it on June 19, 1993 and acceded to CEDAW on August 8, 1993
with reservation on Articles 5(e), 16(1), 16(2) and 29 of CEDAW. The Preamble
of CEDAW reiterates that discrimination against women, violates the principles of equality of
rights and respect for human dignity; is an obstacle to the participation on equal terms with men
in the political, social, economic and cultural life of their country; hampers the growth of the
personality from society and family and makes more difficult for the full development of
potentialities of women in the service of their countries and of humanity Poverty of women is a
handicap. Establishment of new international economic order based on equality and justice will
contribute significantly towards the promotion of equality between men and women etc.

In Mohammad Yunis vs Malooki Widow Of Nabi Khan And Ors19 court observed that, The
Government of India who was an active participant to CEDAW ratified it on June 19, 1993 and
acceded to CEDAW on August 8, 1993 with reservation on Articles 5(e), 16(1), 16(2) and 29

17

https://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Discrimination_Against_Women,
retrieved on 29 October 2021
18
1996 AIR 1697

19
AIR 2004 P H 115

16
of CEDAW. The Preamble of CEDAW reiterates that discrimination against women, violates the
principles of equality of rights and respect for human dignity, is an obstacle to the participation on
equal terms with men in the political, social economic and cultural life of their country; hampers
the growth of the personality from society and family and makes more difficult for the full
development of potentialities of women in the service of their countries and of humanity. Poverty
of women is a handicap. Establishment of new international economic order based on equality and
justice will contribute significantly towards the promotion of equality between men and women
etc. Article I defines discrimination against women to mean "any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose on impairing or nullifying the
recognized enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, all human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field."

In Mrs. Valsamma Paul v. Cochin University and others, J.T.20 Court has held thus:

"Human rights are derived from the dignity and worth inherent in the human person. Human rights
and fundamental freedoms have been reiterated in the University Declaration of Human Rights.
Democracy, development and respect for human rights and fundamental freedoms are inter-
dependent and have mutual reinforcement. The human rights for women, including girl child are,
therefore, inalienable, integral and indivisible part of universal human rights. The full development
of personality and fundamental freedoms and equal participation by women in political, social,
economic and cultural life are concomitants for national development, social and family stability
and growth-cultural, social and economical. All forms of discrimination on grounds of gender is
violative of fundamental freedoms and human rights. Convention for Elimination of all forms of
Discrimination Against Women (for short "CEDAW") was ratified by the U.N.O. on December
18, 1979 and the Government of India had ratified as an active participant on June 19, 1993
acceded to CEDAW and reiterated that discrimination against women violates the principles of
equality of rights and respect for human dignity and it is an obstacle to the participation on equal
terms with men in the political, social, economic and cultural life of their country; it hampers the

20 1996(1) S.C. 571

17
growth of the personality from society and family, making more difficult for the full development
of potentialities of women in the service of the respective countries and of humanity.

In Vishaka & Ors v. State Of Rajasthan & Ors21, Court observed that Gender equality includes
protection from sexual harassment and right to work with dignity, which is a universally
recognised basic human right. The common minimum requirement of this right has received global
acceptance. The International Conventions and norms are, therefore, of great significance in the
formulation of the guidelines to achieve this purpose.

In Apparel Export Promotion Council v. K. Chopra22, , which was a case relating to sexual
harassment, the Supreme Court held thus: “The message of international instruments such as the
Convention on the Elimination of All Forms of Discrimination Against Women, 1979 ("CEDAW")
and the Beijing Declaration which directs all State Parties to take appropriate measures to prevent
discrimination of all forms against women besides taking steps to protect the honour and dignity
of women is loud and clear.' These international instruments case an obligation on the Indian State
to gender-sensitise its laws and the courts are under an obligation to see that the message of the
international instruments is not allowed to be drowned. This Court has in numerous cases
emphasised that while discussing constitutional requirements, court and counsel must never forget
the core principle embodied in the international conventions and instruments and as far as
possible, give effect to the principles contained in those international instruments. The courts are
under an obligation to give due regard to international conventions and norms for construing
domestic laws, more so, when there is no inconsistency between them and there is a void in
domestic law.

In Githa Hariharan v. Reserve Bank of India23, the Supreme Court while interpreting the word
after used in sec. 6 of the Hindu Minority and Guardianship Act,1956 held that the mother could
be the guardian in the absence of the father.

21 AIR 1997 SC.3011

22 1999 SC 625
23 AIR 1999 SC 1149

18
CONCLUSION

While concluding we can say that The CONVENTION ON ELIMINATION OF ALL FORMS
OF DISCRIMINATION AGAINST WOMEN, adopted in 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 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. States 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 structured in six parts with 30 articles total.

19
REFERENCES

Bibliography:

- Dr. HO Aggarwal International Law and Human Rights Ed. 5th , Central Law Publications,
Allahabad, (2018)
- Gokulesh Sharma Human Rights and Social Justice Ed. 2nd Deep and Deep Publications, Delhi,(1997)

- S.K Kapoor International Laws and Human Rights, Central Law Agency, Allahabad,(2014)

Webliography

- https://en.wikipedia.org/wiki/Convention_on_the_Elimination_of_All_Forms_of_Discrimination
_Against_Women, retrieved on 29 October 2021

- https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx, retrieved on 29 October 2021

- https://www.un.org/womenwatch/daw/cedaw/, retrieved on 29 October 2021

20