CEDAW

Details:The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the United
Nations General Assembly and came into force in 1981.

CEDAW is commonly referred to as the international bill of rights for women. It defines what constitutes discrimination against
women and girls and sets out a comprehensive framework for tackling gender inequality.

The articles

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 6 - Trafficking and prostitution

States shall take all measures to stop all forms of trafficking and the exploitation of prostitution of women.

Article 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.

Article 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.

Article 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.

Article 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.
Article 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.

Article 12 - Health

States shall ensure that women have equal rights with men to access to health care services, including reproductive health
services.

Article 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.

Article 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.

Article 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.

Article 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.

Articles 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.

Articles 25 - 30 - Administration of CEDAW

These articles describe the general administrative procedures concerning

enforcement of CEDAW, ratification and entering reservations.

: International Covenant On Civil And Political Rights (ICCPR): BACKGROUND:

The United Nations International Covenant of Civil and Political Rights (ICCPR) attempts to ensure the protection of civil and
political rights. It was adopted by the United Nations’ General Assembly on December 19, 1966, and it came into force on
March 23, 1976. The International Covenant on Economic Social and Cultural Rights, the Universal Declaration of Human Rights,
and the ICCPR and its two Optional Protocols, are collectively known as the International Bill of Rights.

PURPOSE:

The ICCPR recognizes the inherent dignity of each individual and undertakes to promote conditions within states to allow the
enjoyment of civil and political rights. Countries that have ratified the Covenant are obligated “to protect and preserve basic
human rights… [and] “compel[ed] to take administrative, judicial, and legislative measures in order to protect the rights
enshrined in the treaty and to provide an effective remedy.” There are currently 74 signatories and 168 parties to the ICCPR.
CONTENT:

The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based on the notion of non-discrimination.
Article 2 ensures that rights recognized in the ICCPR will be respected and be available to everyone within the territory of those
states who have ratified the Covenant (State Party). Article 3 ensures the equal right of both men and women to the enjoyment
of all civil and political rights set out in the ICCPR.

The rights protected under the ICCPR include:

Article 6 – Right to life.

Article 7 – Freedom from torture.

Article 8 – Right to not be enslaved.

Article 9 – Right to liberty and security of the person.

Article 10 – Rights of detainees.

Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12 – Freedom of movement and choice of residence for lawful residents.

Article 13 – Rights of aliens.

Article 14 – Equality before the courts and tribunals. Right to a fair trial.

Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a criminal offence.

Article 16 – Right to recognition as a person before the law.

Article 17 – Freedom from arbitrary or unlawful interference.

Article 18 – Right to freedom of thought, conscience and religion.

Article 19 – Right to hold opinions without interference.

Article 20 – Propaganda for war shall be prohibited by law.

Article 21 – Right of peaceful assembly.

Article 22 – Right to freedom of association with others.

Article 23 – Right to marry.

Article 24 – Children’s rights

Article 25 – Right to political participation.

Article 26 – Equality before the law.

Article 27 – Minority protection.

LIMITATIONS:

Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their responsibilities under the Covenant,
such as during times of public emergencies. However, State Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2),
11, 15, 16 and 18.
OPTIONAL PROTOCOLS:

There are two optional protocols to the ICCPR which gives additional human rights protections.

First Optional Protocol:

This protocol allows victims claiming to be victims of human rights violations to be heard. The Human Rights Committee
(Committee), which is established by the Covenant, has the jurisdiction to receive, consider and hear communications from
victims. The first Optional Protocol came into force with the Covenant. There are currently 35 signatories and 115 parties to this
protocol.

Second Optional Protocol:

This protocol aims to abolish the death penalty. It was entered into force on July 11, 1991 and it currently has 37 signatories
and 81 parties.

ENFORCEMENT

Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to adopt such laws or other measures as may
be necessary to give effect to the rights recognized in the present Covenant.” Countries that have ratified the ICCPR must takes
steps in their own jurisdictions to recognize the acceptance of this international covenant because, in “international law, a
signature does not usually bind a State. The treaty is usually subject to a future ratification, acceptance, approval or accession.”
In Canada, the accession process involves a series of reviews and consultation by the federal government and followed by a
tabling of the treaty in Parliament.

In addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction, Article 28 of ICCPR provides for a
Human Rights Committee (Committee) to be established for monitoring the State Parties’ implementation of the Covenant.
State Parties are required to submit reports to the Committee for review, on measures used to adopt and give effect to the
rights enshrined in the ICCPR.

As mentioned above, the First Optional Protocol allows victims of human rights violation to be heard by the Committee.
However the ICCPR also provides in Article 41 that a State Party who claims another State Party is not fulfilling its obligations to
implement ICCPR, may make written submissions to the Committee for consideration. Also, non-governmental organizations
(NGOs) may also participate in ensuring that values under the ICCPR are protected by submitting ‘shadow reports’ and highlight
areas for consideration by the Committee.

HUMAN RIGHTS COMMITTEE

Introduction

Monitoring civil and political rights

The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant
on Civil and Political Rights by its State parties.

All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must
report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years).
The Committee examines each report and addresses its concerns and recommendations to the State party in the form of
"concluding observations”.

In addition to the reporting procedure, article 41 of the Covenant provides for the Committee to consider inter-state
complaints. Furthermore, the First Optional Protocol to the Covenant gives the Committee competence to examine individual
complaints with regard to alleged violations of the Covenant by States parties to the Protocol.

The full competence of the Committee extends to the Second Optional Protocol to the Covenant on the abolition of the death
penalty with regard to States who have accepted the Protocol.The Committee meets in Geneva and normally holds three
sessions per year. The Committee also publishes its interpretation of the content of human rights provisions, known as general
comments on thematic issues or its methods of work.