What valid, existing and binding treaties, conventions in international law are related to

women's rights?
The Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women was adopted
by the General Assembly of the United Nations by its resolution 34/180 almost 30 years ago on
18 December 1979. The Convention entered into force on 3 September 1981 as the first global
and comprehensive legally binding international treaty aimed at the elimination of all forms of sex-
and gender-based discrimination against women. As of December 2008, it had been accepted by
185 State parties. Although preceded by a number of general human rights treaties explicitly
providing that the rights they establish shall be available to women and men on an equal basis,
as well as those which address particular forms of discrimination against women, the rationale for
the Convention is clearly stated in its Preamble which indicates “despite these various instruments
extensive discrimination against women continues to exist”.

The Convention’s aim is the elimination of all forms of discrimination against women both de
jure and de facto, resulting from the activities or omissions on the part of States parties, their
agents, or committed by any persons or organizations in all fields of life, including in the areas of
politics, economy, society, culture, civil and family life. Its goal is the recognition and achievement
of the de jure and de facto equality of women and men, which is to be achieved by a policy of
elimination of all forms of discrimination against women incorporating all appropriate legislative
and programmatic measures. A primary requirement for States parties is to “embody the principle
of equality of men and women in their national constitutions or other appropriate legislation” and
“to ensure… the practical realization of this principle” (article 2 (a)). This requirement of practical
realization of equality makes clear that the Convention envisages substantive equality between
women and men in the enjoyment of all human rights.

The International Covenant on Civil and Political Rights and the International Covenant
on Economic, Social and Cultural Rights
After the adoption of the Universal Declaration, the Commission on Human Rights began
drafting two human rights treaties, the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights. Together with the
Universal Declaration, these make up the International Bill of Human Rights. The provisions of
the two Covenants, as well as other human rights treaties, are legally binding on the States that
ratify or accede to them. States that ratify these treaties periodically report to bodies of experts,
which issue recommendations on the steps required to meet the obligations laid out in the
treaties. These treaty-monitoring bodies also provide authoritative interpretations of the treaties
and, if States have agreed, they also consider individual complaints of alleged violations.
Both Covenants use the same wording to prohibit discrimination based on, inter alia, sex (art.
2), as well as to ensure the equal right of men and women to the enjoyment of all rights
contained in them (art. 3). The International Covenant on Civil and Political Rights guarantees,
among other rights, the right to life, freedom from torture, freedom from slavery, the right to
liberty and security of the person, rights relating to due process in criminal and legal
proceedings, equality before the law, freedom of movement, freedom of thought, conscience
and religion, freedom of association, rights relating to family life and children, rights relating to
citizenship and political participation, and minority groups’ rights to their culture, religion and
language.
The International Covenant on Economic, Social and Cultural Rights guarantees, for instance,
the right to work, the right to form trade unions, rights relating to marriage, maternity and child
protection, the right to an adequate standard of living, the right to health, the right to education,
and rights relating to culture and science. In 1967, United Nations Member States adopted the
Declaration on the Elimination of Discrimination against Women, which states that
discrimination against women is an offence against human dignity and calls on States to
“abolish existing laws, customs, regulations and practices which are discriminatory against
women, and to establish adequate legal protection for equal rights of men and women”. Less
than a year later a proposal for a legally binding treaty on women’s rights was made. The
Convention on the Elimination of All Forms of Discrimination against Women was adopted by
the General Assembly in 1979. Its preamble explains that, despite the existence of other
instruments, women still do not enjoy equal rights with men.
The Convention articulates the nature and meaning of sex-based discrimination, and lays out
State obligations to eliminate discrimination and achieve substantive equality. As with all human
rights treaties, only States incur obligations through ratification. However, the Convention
articulates State obligations to address not only discriminatory laws, but also practices and
customs, and discrimination against women by private actors. With these general principles as
an overarching framework, the specific obligations of States to eliminate discrimination against
women in political, social, economic and cultural fields are laid out in 16 substantive articles.
The Convention covers both civil and political rights (rights to vote, to participate in public life, to
acquire, change or retain one’s nationality, equality before the law and freedom of movement)
and economic, social and cultural rights (rights to education, work, health and financial credit).
The Convention also pays specific attention to particular phenomena such as trafficking, to
certain groups of women, for instance rural women, and to specific matters where there are
special risks to women’s full enjoyment of their human rights, for example marriage and the
family. The Convention defines discrimination in its article 1 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.”
Such discrimination encompasses any difference in treatment on the grounds of sex which:
• Intentionally or unintentionally disadvantages women;
• Prevents society as a whole from recognizing women’s rights in both the private and the public
spheres;
• Prevents women from exercising the human rights and fundamental freedoms to which they
are entitled.
The Convention also specifies the different ways in which State parties are to eliminate
discrimination, such as through appropriate legislation prohibiting discrimination, ensuring the
legal protection of women’s rights, refraining from discriminatory actions, protecting women
against discrimination by any person, organization or enterprise, and modifying or abolishing
discriminatory legislation, regulations and penal provisions. The Convention foresees that
achieving equality may require positive action on the part of the State to improve the status of
women. To accelerate women’s actual equality in all spheres of life, States are permitted to use
temporary special measures for as long as inequalities continue to exist. The Convention thus
reaches beyond the narrow concept of formal equality and aims for equality of opportunity and
equality of outcome. Temporary special measures are both lawful and necessary to achieve
these goals. In principle, these measures should be removed once equal status has been
achieved. Importantly, the Convention adds new, substantive provisions to the other instruments
which also deal with equality and non-discrimination. The Convention on the Rights of the Child
(art. 2) and the Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families (art. 7) also prohibit discrimination based on sex. The Convention on the
Rights of Persons with Disabilities (art. 6) recognizes the multiple discrimination that women
with disabilities are subjected to, and requires State parties to address this by taking “all
appropriate measures to ensure the full development, advancement and empowerment of
women” in the enjoyment of their human rights. In its general recommendation No. 25 (2000) on
gender-related dimensions of racial discrimination, the Committee on the Elimination of Racial
Discrimination, which oversees compliance with the International Convention on the Elimination
of All Forms of Racial Discrimination, also recognized the gender dimensions of racial
discrimination and said it would “endeavour in its work to take into account gender factors or
issues which may be interlinked with racial discrimination.” The Committee against Torture,
which monitors the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, also regularly addresses issues of violence against women and girls.

ARTICLE VII

BANGSAMORO GOVERNMENT

Section 7. Classification and Allocation of Seats. - The seats in the Parliament shall be
classified and allocated as follows:

(c) Reserved Seats and Sectoral Representatives. - Reserved seats and sectoral
representatives shall constitute at least ten percent (10%) of the members of the Parliament,
which shall include two (2) reserved seats each for non-Moro indigenous peoples and settler
communities. Women, youth, traditional leaders, and the Ulama shall have one sectoral seat
each: Provided, That the reserved seats and sectoral; representatives shall in no case be less
that eight (8) seats.

The Parliament shall determine the manner of election of the reserved seats and sectoral
representatives.

For the first parliamentary election following the ratification of this Organic Law, the allocation of
reserved and sectoral representative seats shall be determined by the Bangsamoro Transistion
Authority as provided for in Section 4, Article XVI of this Organic Law.

Section 9. Regional Parties. - A free and open regional party system shall be allowed to evolve
according to the free choice of the people. Towards this end, only regional political parties duly
accredited by the Bangsamoro Electoral Office, as approved by the Commission on Elections
shall participate in the parliamentary elections in the Bangsamoro Autonomous Region. The
Bangsamoro Government shall ensure the inclusion of women's agenda and the involvement of
women and the youth in the electoral nominating process of the political parties.
 ARTICLE IX

BASIC RIGHTS

Section 11. Participation of Women in the Bangsamoro Government. - Aside from the reserved
seat for women in the Paliament, there shall be at least one (1) woman to be appointed to the
Bangsamoro Cabinet. The Parliament shall enact a law that gives recognition to the important
role of women in nation-building and regional development, ensuring the representation of
women in other decision-making and policy-determining bodies of the Bangsamoro
Government.

The Parliament shall create by law a commission on women and shall define its powers,
functions, and composition.

Section 12. Protection of Women. - The Bangsamoro Government shall uphold and protect the
fundamental rights of women, including the right ato engage in lawful employment, and to be
protected from exploitation, abuse, or discrimination, as embodied in the Convention on the
Elimination of all Forms of Discrimination Against Women.

The Parliament shall enact the necessary laws for the implementation of this section.

ARTICLE XIII

REGIONAL ECONOMY AND PATRIMONY

Section 3. Comprehensive Framework for Sustainable Development. - The Bangsamoro

Government shall develop a comprehensive framework for sustainable development through
the proper conservation, utilization, and development through the proper conservation,
utilization, and development of the natural resources, which shall guide it in adopting program
and policy mechanisms that focus on the environment dimensions of social and economic
interventions. It shall include measures for environmental justice and governance, as well as for
the reduction of the vulnerability of women and marginalized groups to climate change and
variability.

Section 5. Gender and Development. - The Bangsamoro Government shall recognize the role
of women in governance and ensure their fundamental equality before the law. It shall
guarantee full and direct participation of women in governance and development process,
ensuring that women shall benefit equally in the implementation of development programs and
projects.

In the utilization of public funds, the Bangsamoro Government shall ensure that the needs of the
Bangsamoro people, regardless of gender, are adequately addressed. For this purpose, at least
five percent (5%) of the total budget appropriation of each ministry, office, and constituent local
government unit of the Bangsamoro Autonomous Region shall be set aside for gender-
responsive programs, in accordance with a gender and development plan. In the same manner,
five percent (5%) to thirty percent (30%) of the official development assistance received by the
Bangsamoro Government shall be set aside to complement the gender and development
budget allocation.
The Bangsamoro Government shall establish a mechanism for consultation with women and
local communities to further ensure the allocation and proper utilization of development funds. It
shall identify and implement special development programs and laws for women.

ARTICLE XIV

REHABILITATION AND DEVELOPMENT

Section 1. Rehabilitation and Developmen. - The Bangsamoro Government, with funding

support from the National Government, shall intestify development efforts for the rehabilitation,
reconstruction, and development of Bangsamoro Autonomous Region as part of the
normalization process. It shall formulate and implement a program for rehabilitation and
development that will address the needs of Moro-Islamic Liberation Front/Bangsamoro Islamic
Armed Force members and its decommisioned women auxiliary force, Moro National Liberation
Front/Bangsamoro Armed Forces members, and address the needs of internally displaced
persons, widows and orphans, and poverty-stricken communities. It shall observe, promote, and
ensure gender-responsiveness in all aspects of security and peace building, including the
participation of women in decision-making.

ARTICLE XV

PLEBISCITE

Section 10. Information Campaigns. - The Commission on Election shall supervise the conduct
of information campaigns for indigenous communities, women, youth, religious, professionals
and public and private sector emp;loyees, in every barangay, municipality, city, and province
where the plebiscite is to be conducted.

Public conferences, assemblies, or meetings on dates before the plebiscite day itself shall be
held to inform the residents thereof regarding the significance and meaning of the plebiscite and
to help them to cast their votes intelligently. Free, full, and constructive discussion and
exchange of views on the issues shall be encouraged.

For this purpose, the Bangsamoro Transition Commission shall assist in the information
dissemination campaign. Such campaign shall be without prejudice to other information
dissemination and public advocacy initiatives by the other government or nongovernment group
or individuals.

For the information campaigns and other public advocacy initiatives with indigenous
communities, local leaders shall be engaged to lead discussions in their respective
communities.

Public advocacy initiatives shall be conducted within the framework of solidarity, cooperation,
and unity among Bangsamoro people, non-Moro indigenous peoples, settler communities.
Consultation shall give due respect to the roles of non-Moro indigenous and Moro women, and
encourage their active participation.

ARTICLE XVI
 BANGSAMORO TRANSITION AUTHORITY

Section 2. Bangsamoro Transition Authority. - There is hereby created a Bangsamoro

Transition Authority which shall be the interim government in the Bangsamoro Autonomous
Region during the transition period. The Moro Islamic Liberation Front shall lead the
Bangsamoro Transition Authority, without prejudice to the participation of the Moro National
Liberation Front in its membership.

The compensation of the members of the Bangsamoro Transition Authority shall be subject to
existing rules and regulations of the National Government.

The Bangsamoro Transition Authority shall be composed of eighty (80) members, who shall be
appointed by the President: Provided, That, in addition, the elected officials of the Autonomous
Regional Government in Muslim Mindanao shall automatically become members of the
Bangsamoro Transition Authority and shall serve until noon of the 30th of June 2019: Provided,
further, That non-Moro indigenous communities, youth, women, settler communities, traditional
leaders, and other sectors shall have representatives in the Bangsamoro Transition Authority.

Section 8. Interim Cabinet. The Interim Cabinet shall be composed of fifteen (15) primary
ministries with suboffices, namely:

(a) Finance, and Budget and Management;

(b) Social Services;

(c) Trade, Investments, and Tourism;

(d) Labor and Employment;

(e) Transportation and Communications;

(f) Basic, Higher and Technical Education;

(g) Indigenous Peoples' Affairs;

(h) Health;

(i) Public Works;

(j) Local Government;

(k) Environment, Natural Resources, and Energy;

(l) Human Settlement and Development;

(m) Science and Technology;

(n) Agriculture, Fisheries, and Agrarian Reform; and

(o) Public Order and Safety.

Other offices on youth, women settler, communities, disaster risk reduction and management,
and planning and development, among others, may be created by the Bangsamoro Transition
Authority.

The Attorney General's Office, under the Office of the Chief Minister, shall likewise be created
by the Bangsamoro Transition Authority.