INTRODUCTION TO CEDAW

Convention on Elimination of All Forms of Discriminations Against Women

CEDAW Basic Facts:

Opened for signature at the United Nations Headquarters on March 1, 1980

Entered into force on September 3, 1981

189 State Parties, 99 Signatories including Philippines, signed on July 15, 1980

CEDAW Core Objective: To prohibit “discrimination against women” in the enjoyment of human rights

QUESTION: How is discrimination against women defined in CEDAW?

Answer: CEDAW Article 1: “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
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.”

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It covers not only intentional discrimination but also those distinctions, exclusions or restrictions which will
affect a woman’s enjoyment of its human rights.

So QUESTION: Does the definition of “discrimination against women” in CEDAW prohibit laws or policies
that give preference to women?

ANSWER: NO. Provided that such laws or policies are limited in time and aimed at accelerating gender
equality. CEDAW Article 4.1: “Adoption by States Parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be considered discrimination as defined
in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or
separate standards; these measure shall be discontinued when the objectives of equality of opportunity
and treatment have been achieved.”

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So, favoring women is actually not a form of discrimination against women.

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QUESTION: Which Human Rights does CEDAW protect?

ANSWER: Civil and political rights, including equality in political and public life (Art. 7), in legal
proceedings and documents (Art. 15), and in marriage and family life (Art. 16)

Economic and social right, including equality in education (Art 10), employment (Art 11) and health (Art.
12)

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QUESTION: What laws and policies and practices discriminate against women and violate CEDAW?

Answer: States must take measures to eliminate discriminatory laws, policies and practices in:

National constitutions and laws, government policies, public institutions, and participation of women in
political life
CEDAW Article 2: States agree to pursue by all appropriate means and without delay a policy of
eliminating discrimination against women including by: adopting a gender equality in their constitutions;
enacting legislations to prevent discrimination by public institutions, authorities and officials.

By private individuals, businesses, associations and groups

States agree to take all appropriate measure to eliminate discrimination against women including: by any
person, organization or enterprise (Art. 2 (e)) and in all matters relating to marriage and family life (Art.
16)

Prejudices, stereotypes, customary practices and beliefs

CEDAW Art. 5 (a) : States Parties shall take all appropriate measures:

To modify the social and cultural patterns of conduct of men and women, with a view to achieving the
elimination of prejudices and customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.

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Due to the expansive scope of CEDAW, some States filed its reservations:

Reservation, according to Art. 2 of the Vienna Convention on the Law of Treaties, is a unilateral statement
made by a State when ratifying a treaty, whereby it purports to exclude or to modify a legal effect on
certain provisions of the treaty in their application to the State.

Australia stated that “The Government of Australia advises that it does not accept the application of the
Convention in so far as it would require alteration of Defence Force policy which excludes women from
combat duties.”

Saudi Arabia stated that “The Kingdom does not consider itself bound by paragraphe 2 of article 9 of the
Convention which provides: States Parties shall grant women equal rights with men with respect to the
nationality of their children.”

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Question: Does the CEDAW adequately respond to the challenges of protecting human rights of women?

Answer: CEDAW and its monitoring mechanisms have acted as a catalyst for eliminating or reducing
inequality in many countries. But significant obstacles remain, including discrimination in a cultural sphere
– prejudices, stereotypes, customary practices; and broad reservations

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CEDAW Monitoring Mechanisms

Art. 17.1 “ For the purpose of considering the progress made in the implementation of the present
Convention, there shall be established a Committee on the Elimination of Discrimination against Women
consisting, at the time of entry into force of the Convention, of eighteen and, after ratification of or
accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing
and competence in the field covered by the Convention. The experts shall be elected by States Parties
from among their nationals and shall serve in their personal capacity, consideration being given to
equitable geographical distribution and to the representation of the different forms of civilization as well as
the principal legal systems.”

The committee reviews reports from States Parties (Art. 18, 20 and 21), issues general recommendations
(Art. 21), and investigates violations.
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Continuing Challenges: Gender discrimination and culture

Such practices include Forced marriage, female genital mutilation, family honor killings (Bangladesh,
Egypt, India, Israel)

Broad Reservations:

Many reservations cite Islamic Law to limit CEDAW in general and to restrict its obligation not to
discriminate in marriage, divorce, custody, adoption or inheritance.

Example: Saudi Arabia stated that it is not under obligation to observe contradictory terms of CEDAW

Some reservations exempt cultural practices

Example: India “declares that it shall abide by and ensure these provisions in conformity with its policy of
non-interference in the personal affairs of any Community without its initiative and consent.”

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SOME SUCCESSES OF CEDAW

Bangladesh used CEDAW to help attain gender parity in primary school enrollment.
(www.blogs.worldbank.org)

Mexico referenced CEDAW in a model law to combat gender-based violence (justassociates.org)

Kenya relied on CEDAW to eliminate discrimination in inheritance rights. (Rono VS Rono, 2005)

Sources: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
8&chapter=4&lang=en

http://www.un.org/womenwatch/daw/cedaw/

https://www.youtube.com/watch?v=ck6yGcS6EZ0