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    of 52
    A. Introduction The Convention on che Elimination of All Forms of Discrimination against Women (CEDAW or the Convention) is a Key international human tights instrument and the only one exclusively addressed ro women, Indeed, it has been described as the United Nations’ (UN) ‘landmark treaty in che struggle for women’s rights, and as consticut- ing ‘an international bill of rights for women’ The Convention applies to all forms, of discrimination against women and isnot limited to the specific fields spelled out within i, Discrimination against women is defined in terms of its impact on women's equal enjoy ment oftheir human tights and fundamental freedoms. Its scope is wide, requiting States parties 1 address how the enjoyment of recognized human tights is adversely affected by rendet-based distinctions, exclusions, and stereotypes, While ie binds States parties with respect ro public actions, laws, and policies, like the earlier ICERD irextends the unde standing of human rights by requiring the State party co prevent or impose sanctions 0} acts of diserimination by non-Seate (private) actors, including within the family, the com: munity, and the commercial sector: This volume is the first comprehensive commentary on the Convention and Optional Protocol (OP) as interpreted through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women (the Committee) The Commentary comprises detailed analyses of the Preamble and each article 0 he Convention and of the Optional Protocol. It also includes a separate chapter oon the cross-cutting substantive issue of violence against women. The sources relied fon in every chapter are primarily the language of the article in question and che gen eral recommendations, concluding observarions and case law under the Optional Protocol, hrough which che Committee has ineerpreced and applied the Convention, The drafting process for each article is described only briefly, as «wo commentaries oon the travaux préparatoires already exist? However a fuller drafting history of the Optional Protocol, which the existing commentaries do not cover, is included in that chapter. Jurisprudence from national courts and international bodies, including the P P regional human rights institutions, is included if ic refers directly to the Convento: or, exceptionally, if it has made a particulacly significant contribution ro understand- ng the legal guarantee of women’s equality Although the chapters are self-contained, che Commentary is conceived of as an inte gral whole. In chat vein, the coneepes and ideas that ae repeated across Convention arti: cles are cross-referenced. And while each chaprer of the Commentary is artributed to ar author(),all the concriburors have had the opportunity to comment on drafts and make suggestions. Bringing the contributors together in working meetings (Beatin in 2008, The Hague and Berlin in 2009, and Bellagio in 2010) greatly Facilitated the development o shared thinking and approach. Asa commentary on the Convention, this work does not purport to offer a detailed analysis of the status or position of women under international law, or developmen’ in the international protection of women's human rights outside the framework of the ited Nations and 1995, UN Blue Books Stes, Va. VI (es iia Won A Cosmas 094 Christine Chinkin, Marsha A. F jon. These issues have been the subject ofa great deal of research and analysis,and .cour debt to those whose work we have drawn upon. Tntroduction to the Commentary provides an overview of the Convention and its ding in the incersational law of human rights. Ic briefly outlines the Convention's ne issues of Seructure, and key concepts. It summarizes the most significa pretation and the ways in which the Committee has on application and sue the Convention's continuing relevance for women around the world. Ie hout che Convention, and where they are some issues chat are pervasive throu in the Commentary it directs readers to the appropri ed in more derail elsewhere ouch general internacional law whiel spon only in the Introduction, such as the prin- pters. A few matters hhaffect interpretation and implementation of che B, Towards a Convention on Elimination of Discrimination against Women ‘The League of Nations zhistory of the idea of women's human rightsisstill largely unrecorded, especially Je for theie guarantee has taken place across multiple sites global South. The str and has manifested ieself in ide, has involved women from many sectors of societ and commitment from those secking forms. Ichas involved considerable courags nent of women, which has oo often been violently resisted rernational insticutional retms the story commences with the Le in the aftermath of World War L* The International Council of Women clusion of women's rights in the League Covenant, In unsuccessfully for the laced on the League’sagenda, and in 1937, ne question ofthe status of women wa! mittee of Experts was appointed to catty out an inquiry into the legal status of th ‘women. The outbreak of World War II and subsequent dissolution of the League ght its work coan end. ‘netal international provisions on women's rights, some meas 1 absence of any adopted to address limited and specified cizcumstan he International Labour Organization adopted the Convention Cone ‘ment of Women before and after Childbirth’ and che Convention Concerning the These treaties were narrow in scope and pro- joyment of Women during the Nig nature’ rather than directed towards women’senjoyment of rights. Indeed, their roices with respect to farms of employment (night and the consequences of marernity and thus undermined women's autonomy, as J in the chapter on Article 11. The League of Nations also through the 1921 Convention for the Suppression of Traffic in Women and addressed crafficking Rights’ (1999) 22 ‘O Convention No 3. Convention Noa Navalie Hevener Kaufman describes tice fl Legal Insramens Related ro the Treatment of Women! ly with women: p “Hare Women’ L] 31 4 Introduction Children and the 1933 Convention for che Suppression of rice 6. Traffic in Women of Full Age, as discussed in the chapter on Ac the regional level, in 1928, the Sixch International Conference of American States, ‘meeting in Havana, Cuba founded the Inter-American Commission of Women, the first incergovernmental body mandated expressly 10 work on issues related ro the men. The Inter-American Commission was responsible for the 1933 Montev Convention on the Nationality of Married Women, a forerunner to CEDAW Acticle 9, of wi Il, The UN Charter The UN Charter was the fist international ;eement to deal expressly with the question of discrimination on che basis of sex. Ic refers in its preamble to ‘the equal rights of men and women’ and Article 1(3) includes among the purposes of the UN the promotion and encouragement of respect for human rights and fundamental freedoms forall wichou distinction bi of sex were inserted in the Charter as the resule of concerted lobbying by women del- ates (notably women fror organizations (NGOs) accredited to the Founding Conference of the UN at San Francisco in 1945, This dual focus—the right 10 equal treatment and non-discrimination in the {inter alia, on sex.* These references to non-discrimination on the basis atin American Sate)’ and support from non-governmental enjoyment of human rights—is continued in the general human rights insttumemts the UDHR, Article 2," the ICCPR Articles 2(1) and 3, and the ICESCR Articles (2) and 3, The ICCPR Article 26 goes further, asserting equality before the law and a free-standing. {independent) prohibition of discrimination, including on the basis of sex. Arche time the UN Charter was adopted, responsibility for women’s development and he promotion of women’s status was placed in the hands of a specialist and separate on Human Rights, but by 1946 the Commission on the Status of Women (CSW) was a separate functional commission of the ECOSOC under UN Charter Article 68, having che same status within the UN system as the Commission on Human Rights, The CSW" \ded making recommendations to ECOSOC ‘on promotin ced asa sub-commission of the Commission n’s commission, This was first design and ‘on urgent problems requiring immediate actention in the field of women's ECOSOC agreed thatthe CSW should be represente on Human Rights when secrions of the draft ofthe international bill ofhuman cerning the particular rights of women are under discussion’! The CSW was instrumen- tal in ensuring thar the phrase ‘equal rights of men and women’ in the Preamble of the UN (Charter was retained in the UDR" and subsequently was responsible for the drafting of atmeetingsof the UN Commission ghtscon- three ‘corrective’ conventions which sought to address particular areas in which women sof Women, 1952 (discussed in the chapter on Article 7)" the Convention on the Nationality of Married Women, 1957, and the Convention on Consent 10 Mastiage, Minimum Age for Marriage and suffered disadvantage. The Convention on the Political Ri * See alio UN Charter art 55(9), 56 and in she context ofthe tusteeship system, 76 alae equal before she law and ae cited without disciminatin wo equal ll out the prohibited categories of dsrimination. 1V) (29 March 1947), Thid pur 2 Pci (4a UNGA Res 6 (VID) 20 December 1952) (recommending member Sete ‘grant the sme political Christine Chinkin, Marsha A. Freeman ish nciples of equality bucare specificand narrow in subject macce ation of Marriages, 1962 (both diseussed in the chaprer on Article 16), e cantand bindi k accountability mechanisms. he 1960s, it was becoming evident thae despite the principle nen’s enjoyment of rights included in che UN Charter a fF non-discrimination the UDHR ‘excen: to exist." Women had been active in al selfdetermination movements, but decolonization and development projects led to deliver the anticipated benefits to women.” A change in the traditional roles menand men was needed co ensure equality beeween women and men." Even before sdoption of the two UN Covenants, the ICCPR and ICESCR,” wor -omings of general equality and non-discrimination provisions and were secking.an sument identifying and condemning the parti ar and multiple manifestations of mination faced by women worldwide. Accordin ys demands began to be made fora ‘omprehensive and well-targeted international focus on women, includi The Declaration on the Elimination of Dis gainst Women, 1967 st step was adoption of the Declaration on the Elimination of Discrimination st Women” (DEDAW), sponsor. sd by the CSW and debated in the UNGA Thitd Commietce before being adopted in Ir follows the structure of the UDHR, comprising a Preamble and eleven articles by developing and socialist States Ie was lc | declares discrimination against women to be an offence against human dignity, measures shall be taken. ..o establish adequate legal ghts of men and women’. Article 3 rec icle states that ‘appropriat jon for equal 1 ies the parc custom and ice play in denying women’s equalicy and requires appropriate measures for their «cs “based on the idea ofthe inferiority of women’ cation as well as abolicion of prac quent articles identify particular areas of discrimination against women—public ionality of married women, the family, penal cod trafficking and exploitation of ‘education, and economic and social life—and state that ‘appropriate meas all be taken’ to address them. Finally, the L the family context Sullde Gooke & Awria CEDAW Communication No 5/2005 (2007) CEDAWICI39/DY5!200 1O3abow) ication No 18/2008 (2010) CEDAWIC/4618/2008, lim leone) 0A ido she Philippines CEDAW Juding i, iehas k with ch State as a pri ed under of women en Gender- cussed in a decision of 5 (includin whether chey icle h the aprer on sx Wome ‘of Mesi wiciso/DV5/200 4118/2008. Obvistine Chinkin, Marsha A. Freeman sions on communications are those of the Committee. Following the practice UN human rights treaty bodies, individual members of the Committee have casion attached separate (and dissenting) opinions. The desirability of this prac- contested. Individual opinions (as for example, those entered by Judges of the onal Court of Justice) allow for che expression of diverse views about the appli fhe Convention in particular situations and suggest approaches that might be in che Future and thus contribute o progressive and dynamic interpretation of ention, However, separateand dissenting opinions also indicate that consensus possible rmmittee, like all the treaty monitoring bodies, lacks che power to enforce its Ni theless, its competence to make recommendations in response co States lations is imporcant because it provides the opportunity for the Committee d upon the individual circumstances of the case to address root causes and al discrimination. Accordingly, in the Mexico Jnguiry and in views on indi- mmunications the Commitee has made derailed recommendations that particularities of the case in hand and heir wider context. In the Mexico broad array of recommendations was directed to the Mexican government. ficials responsible for investigation and punishment of perpetrators, and to sponsible for prevention of harm and the promorion and protection of women’s ights. ince Article 2 does nor expound on what constitutes appropriate repara- ictims of violation, the Committee has considerable discretion in making its estions, Decisions, and Statements mittee does not limie itself to the issues placed immediately reports and proceedings under che Optional Prococol. It performs a wider ig statements and decisions chat confirm the relevance of the Convention in exceptional situations (natural disasters, conflict,” peace processes!*) and the incorporati and decision-mak gestions as co adopting or expanding procedures, addressed to for example, to the CSW with respect c UNGA for extension of is sessions, as discussed in ‘ocol and Article 20, respectively ‘women's interests and concerns in policy wered to deal with them Scatus of Interpretive Mechanisms as Sources of International Law of these mechanisms as a source of international human rights law is uncer: general recommendations, concluding observations, opinions and views, che Commitee on che Elimination of Discrimination against Women onthe Sinsation o January 2010) UN Doc EICN.S/2010/CRP.2, Aa 3, Staement ofthe Committe on the Elimination of Dscimination against Women Gara, UN Doe A/64/38 Supp) 2009) Annex ent onthe Inclusion ofthe Afghan Waren inthe Proces of Peace building, Security and Afghanistan, 45ch Sesion January 2010) UN Doc EICN.6/2010/CRP.2- Annex V and Sustainable Development, UN Doc A/57/38 (Supp) (2002) para 4294); Decision Discrimination against Older Women through the Convention’, A/SI38, Pat I pars 430 accessed 30 June 2010. Ibs 76 Beng Platform for Action (134 above) para 70.12 iyi ‘Empowerlng women through litercy empower usall, U 0 Human Rights sesaliton om2010/eptemberempowering-women-throughliteracy-empowerual F lence." Globalization has also nomy has displaced com: nt programmes upon ights, has ateracted nd of NGOs.” hese issues are sent the greatest ury working life ough the lens of wide. Nowhere women tepre- is." Although ecause ofefores sof the world’s ss monitored by natory inh ld, Prop y work che © is no legal he Special oliteal pot by the 8/102 and Christine Chink, Marsha A. Freeman 3 on, women are subject to social pressures or economic realities that create 3s to land, property, and wealth onvention is a forceful statement chat such discrimination agai able. States in all regions of the world have agreed to its significance, ifnot to all ms. And that global agreement in itself is a cataly me a human rights process, and, as former Chairperson Ivanka Corti notes, its ies in that process y years aftr its adoption, many States parties have cl st for change. The Convention zed laws and established mmes 0 address discrimination, and where this has occurred the Committee ced emphasis from formal equality ality—questioning States p me very clear in its insistence chat culture, tradition, religion, and community adoption of laws and policies—to substan ties on their implementation and impact. It also re no excuse for failure to address discrimination. International civil society is 1g the Committee understand the obstacles to and opportuni mentation as well as in sing the Convention and che work of the mestic imp ce to promote chat implementat and policy reform chat improves the position of women generally cannot be ‘change factor. Greater global attention to women’s and girls’ educa olosive global growth of communications and therefore of access co informatio nize are all major fac :mpact of communications on the capacity t0 of ig change. cr social change is not induced through legislative and governmental policies sc importantly, the Gonvencion has been used and relied upon in muleiple ways en across the world who have devised ways best suited to their local contexts, both «ction wit eit own iniciatives, International agen- governments and through it chem." Unlike legislation and judicial decisions, localized applications of tion and the Commicte’s General Recommendations do noc enter the annals N or of international law, but are important in providing openings for change in 75, the Decade for Women invigorated global discussion of women’s human has widened and deepened beyond the imagining ofthe 14,000 womnen who din the NGO Forum at Nairobi in 1985. The adoption o accomplishment ofthe Decade for Wom ractural equality and ransformed acirudesand institutions isthe C shment of today. Thecontinuation of this process remains the challenge for today ‘the Convention was isdevelopment to compass INIFEM, TimeforAcion Implementing CEDAW in Southeast Asia 2009) Jcry, Human Rights and Gender Velen: Tanating International Law into Lec A 9 the present Convention, sation against women shall on, exclusion of restriction of sex which has the effec pairing or nullifying the nd «pts of Equality and Diser nal Equal weantve Equality mative Equi ity of Opportunity son with Correspondin sx Préparatoires ali of Result ae Equality of Outcome ticle 1 _tscognition, enjoyment or exercise hy women, lerespectiveof their marital status, on aboscat ssuality of men and women, of human rights and fundamental reedomsin the political cas, omic social cultural, civil or anyother fe ig Articles in Other Human Rights + of Interpretation 39 sisof the Text 59 Cimincton, Excusion oc Reston Madeon he Bassof(Seq!’ 2 2, Gender and Sexual 59 haste Beet or Purpose of 0 ing or Nallfying the Recogpiion,Enjoymentor Exercise men 6 spective of Ther Marital Sears ot (On Basis of Equalcy of Men and Women’ 61 7 {Of Human Righs and Fundamental Feedomsin che Patiscal worl Social, Cultural, Civil or ny Other Fie. tation by the Commieece ral Approach and Gender SexualcySexual Orientation ‘cepts of Equality mal and Substantive Equals ») De are and De uct Equa © Direc and Indies Dserinas ‘ual of Opportunity Equal ©) Bualty and Eguty icatonshp © thank Profesor Dianne Ox for es, Maria Herminia Geto ane South Wales for Goldstar a 1 acu eceen Article I and Ar Rights and Freedoms to Which the Broader Application: Violence ag iy of Ou ome or Resale aventon Applies o aint Women lean Bath forth oF Lae Fun A. Introduction 1. Background the concept of discrimination against w ed in Article 1, is fundamental ly every substantive article of the «reaty identifies the Convention: nes e core ofthe State party’s obligations. The draft such discrimination a ought co che ask a deep understanding of the social and politial contests in whi sex discrimination and injustice occurted. They saw thatthe inequality of women and discrimination against them were complex phenomena, reflected in and perpetuated b aws, custom and traditions, belie about whae ic meane robe a Woman ora man, soca societies and between and economic institutions, and power relations within and berwee women and men. Discrimination took many forms—exclusion from or limited tights ro participa in the political and public spheres of community life, economic marginal zation and dependence, the prevalence of stereotypes that limited life opportunities or valued predominantly male’ activiciesand characteristics over ‘female’ ones, inequality in the family, and violence againse women in the community and in the family. The organi zation of societies o institutionalize many of these forms of discrimination often made the discrimination seem ‘natural’ or ‘normal’, and frequently concealed the systematic nature ofthe preference given co ‘male’ ingeresfs. The drafters also understood that while & person's sex was an imporcant determinant of discrimination against het, sex and gender interact with ocher character tics 1. compound the effect of discrimination, The goal of the drafters—to eliminate all forms of discrimination against women—was extremely ambitious. While the drafters drew ona numberof existing international instru lledon State cific areas, the Convention goes well beyond those in the extent of the obligations States eferred that the Convention by also covering ments which abliged o 0 eliminate discrimination against women in spe- parties assume under it. A number of States would have p und of sex generally, the disctimina addtess discrimination on the g tion against men on the basis of sex, rather than f women. However, the overwhelming view was that such a symmetrical approach would fal to recognize the pervasive discrimination against women on the basis oftheir sex, and that an asymmetric guarantee was needed in the form of a sex-specific instrument.) The nition of discrimination against women in Article 1 and the related concepr of equality must be viewed in this context, As the Commictee has noted ‘The Convention goes beyond the concept of discrimination used in many national and inter. ial legal standards and norms. While such standards and norms prohibit discrimi- yent based on ‘on the grounds of sex and protect both men and women from trea rary, unfair and/or unjustifiable distinctions, the Convention focuses on diserimina- inst women, emphasizing that women have suffered, and continue to suffer from because they are women? Mach of che Commitcee’s discussion of chs fundamental aricle occurs in the context of the other articles of che Convention, both under the neral obligations of Article 2 and ofall N Burrows “he 1979 Convention onthe Elimin ms of Dctin Rev United Nations Com ina Women (1993) 4, GR5 paras, imental to ated by lity in spe would and The Ser from ext of 2and Andrew Byrnes 33 specific articles Its most complete discussions of the Article 1 definition are al Recommendation 25 and General Recommendation 28. epts of Equality and Discrimination { equality has given rise to philosophical, theoretical and political debate sof years.’ This chapter frst identifies a number of different understandings nd diserimination and strategies fr achieving equality and eliminating dis und examines how these have been embodied in the txcof che Convention. siores how the approaches 10 equality and the elimination of disriminatir developed by the Committee in its practice under the Convention 1 purpose of the Convention, as reflected in its tite, i the elimination oyment of tights“‘on he basis of equality of women and men’ also appears in he teary’ provisions. Each of these concepts implies che obligation of non- on: the elimination of classifications, acts, or practices which are based explic which have an indirectly diseriminatory effect, o that women enjoy acess accessed 31 December 2010 "8 Fredman a 11 above) 113-14 using the phase equality of opportuni co substantive equ 5 eporraniey 24 Philips, "Defending equality of outcome’ (2004) 12() Journal of Palisa! Philp 1 ae csp and structural rive which ways of —thae eced by «. Formal group to take ment and 1 been sub 3 that specific Removinga ical impact y to lay the s caking teps a reasonable ticipation by society. The of outcome is comes, due t© in influenci sin face no sub- asa legicimare pedis of Philp Iosantve equal Andrew Byrnes 57 caparison with Corresponding Articles in Other Rights Instruments ymen’ in Article 1 draws on similar definitions ghts ceaties These inckude ILO Convention No 111," the UNESCO inst Discrimination in Education," and the ICERD. The ILO and onventions address dis imination on che basis of sex generally rather than against women on the basis of sex exclusively. Article 1 of the Convention nition of ‘racial discrimination’ in ICERD Article |. ERD approach is directed against discrimination on the basis of race, so is metrical protection—any form of racial discrimination is prohibited onvention addresses only one category of discrimination on the basis of sex, against women. Apart from this difference (and the inclusion of the word the ICERD definition), the critical difference in wording between the ifinition and the ICERD defin definition of racial discrimination a jon lies in the final phase of each: the eso the specific fields enumerated as well er feld of public life, while the Convention applies to those same fields, but he ‘civil orany other field’. This wording esents.a deliberate decision by ensure thar the scope of the Convention was not confined to the realm of ut also addressed rhe fundamental inequalities that women suffered in the n particular within che family.*° B. Travaux Préparatoires s of concern to the drafters were ¢ Convention should be limited co discrimination against women or provide uuarantee againse discrimination on the basis of sex" rence to ‘preference fon the ground of sex} should be included in the discrimination against women’ ‘onvention should be expressed to apply only to fields of ‘public life’ ¢ that discrimination against unmarried mothers and their children was s eventually concluded thar che treaty should address discrimination nd should nor become convention procecting against dis x generally contain definition of discrimination, though one was originally proposed along sin the Convention. AS Fraser, "The Convention onthe Elimination of All Focns nat Women (dhe Worne’s Convention) in & Winslow (ed, Women, Polis, and the 81,83 Definition of Discrimination agunst Wome, Japanese Asotin ofoermaional mon om the Elmina of Al Forma of Dicrination agains Women: A Comment Rights of Women in Aca ar 1 also contin definition of diseiination agains rns to hatin the CEDAW Convention. and 46 number of drafis of a definition of discrimination were put bef which areracced che most derailed consideration drew on ICERD but Thos aptit the position of women. The ewo most influencial were alternative drafes proposed by CSW Workin de version of chat draft proposed by the United Kingdom, Group which were in turn based on a Philippines drafi? and an ame he Working Group's alternative drafts were very similar. The first, based closely on th Philippines deafe, read: ‘Arcicle1 In this Convention, the term ‘discrimination against women’ shall mean any distinction, exclu sion, restriction made on the basis of sex which has the effect of othe purpose of nullifying o impairing the recognition, enjoyment or exereise, on an equal footing, of human rights and fundamental freedoms in the political ec 1omic, social, cultural or any field of public life: The second followed the United Kingdom's amendments to che Philippines drafe, whic included eh term ‘preference The text adopred by consensus by the CSW modifications: s the first alternative, with min “Article 1 For the purpose ofthe present Convention the term discrimination against women’ shall mean any distinction, exclusion, restriction made on the basis of sex which has the purpose or effect of nullifying or impairing the recognition, e oyment or exercise by women, on an equal footing with men, ofhuman rights nd fundamental freedomsin the political, cconomic, sola, cultural, orany othe field of publi ie The word ‘preference’ was omitted by the CSW’ because some States were concerned tha prohibiting ‘preferences’ ased on sex might limic their discretion co adopt positive actor risk the tbour legislation and 10 redress historical or systemic discrimination against wom: ormighe plac particular benelits or protection that women had been given und changes to the CSW draft were subsequently made by the Working! s the removal of the word: of private life as well; a re of the Third Committee ofthe General Assembly.” The frst li life’, ensuring thar the Convention applied to area ice to the ‘civil’ field was also inchided. The second was th addition of the phras tive oftheir matital status to the CSW definition; This was partly in response © proposals related ro Article 16 that would have made explicic that unmartied mothe Draft ar (1973), UN Doc E/CN.6/573. Annex The UK amendment to the Philippines daft Article 1 reads “The erm “discrimination” for the pu poses ofthis Convention shll mean any dsintion,exlasion nce which ha the pu fcklof publi ie: Drateare 1 (1978), UN Doc EIGN. GING. L3. The USSR had sion (UN Da EICN,6INCAUL 2 (974) UN Dac EICN 1 above) 425: Reo a above) Hirose (a 19 above) 46 nthe event the Convention bid 4 46 Ti UN Doc A/C333/L 47/Add.2 CSW. Those adapr tro posed by the amend osely on the inction, excl of nullifying ot rman rights and public life” es draft, which women shall mean equal Foot ose or effect of social,cultural « concerned th ace at risk th 1 Working Gro noval of the word dition of the pha ss was partly in ssp hor unmarsied mo the pur Andrew Byrnes 39 children of unmarried parents should nor be discriminated agains on that ground. that the .¢ proposals were withdrawn on the understandi se “irrespective of ded in Article 1. al satus’ would bein C. Issues of Interpretation Analysis of the Text he Basis of (Sex) rase, in conjunction with the following ones, is intended to be read broadly co Any Distinction, Exclusion or Restriction Made on pass the many ways in which women might be denied equality because o ptions, practices and social structures, ‘Distinction’ would inclu ferential treatment of women and men; exclusion’ refers to patterns of belief and actices (including gender stereotypes) which deny to women the opportunities s thavareavailable to mensaand ‘restriction’ refers limitations on che enjoyment < toa greater extent than may apply to men's enjoyment of those rights, Areicle 1 reference ro any distinction, exclusion, or restriction made ‘on the basis foes not mean that an explicit reference to sex or sex-related characteristics Is ‘or an action to be discriminatory.” Read in the context of Article 1 and che co similar lan tion, as well as taking into account ICERD practi s clear that such an explicit reference is not required. The phrase ‘on the basis of zations where sex is explicitly mentioned as a basis of differential treatment

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