CONVENTION ON ELIMINATION OF

ALL FORMS OF DISCRIMINATION

AGAINST WOMEN, 1979

SUBMITTED TO: SUBMITTED BY:

DR. JASMEET GHULATI AKSHAY BANSAL (2095/20)

MASTER OF LAWS (Two Year Evening)

1st Semester
 ACKNOWLEDGEMENT

I am using this opportunity to express my gratitude to everyone who supported me throughout

the course of this project. I am thankful for their aspiring guidance, invaluably constructive
criticism and friendly advice during the project work. I am sincerely grateful to them for sharing
their truthful and illuminating views on a number of issues related to this project.

I express my heartfelt thanks to Ms. for her support and guidance and for being a guiding light
throughout by her worthy Lectures

I would also like to thank all the people who provided me with the facilities and conducive
environment for the completion of this project.

Akshay Bansal
Contents
ACKNOWLEDGEMENT...............................................................................................................2
INTRODUCTION...........................................................................................................................4
HISTORICAL BACKGROUND....................................................................................................6
WHY TREATY ON WOMEN........................................................................................................7
PROCEDURE:............................................................................................................................9
SPECIFIC FEATURES OF THE CONVENTION.......................................................................12
PRINCIPLES OF THE CEDAW..................................................................................................13
WAYS OF IMPLEMENTATION OF CEDAW...........................................................................15
PROGRAMME STRATEGY........................................................................................................15
Overall Strategy.........................................................................................................................15
PARTNERS...............................................................................................................................16
MONITORING IMPLEMENTATION OF THE CONVENTION...............................................16
WEAKNESS IN IMPLEMENTATION........................................................................................17
LACK OF COMPREHENSIVE HOLISTIC PLAN:................................................................17
CEDAW IS NOT THE BASIS OF LAW OR POLICY REFORM:.........................................17
LACK OF CLARITY ON CEDAW AS A HUMAN RIGHTS INSTRUMENT:....................17
PEACEMEAL LAW REFORM AND WEAK IMPLEMENTATION....................................17
PERSISTENCE OF DISCRIMINATION.................................................................................17
RIGHTS NOT EXTENDED TO MINORITY WOMEN OR THROUGHOUT STATES'
TERRITORIES..........................................................................................................................18
WEAK REPRESENTATION OF WOMEN.............................................................................18
INDIAN PERSPECTIVE:.........................................................................................................18
CONCLUSION..............................................................................................................................19
BIBLIOGRAPHY..........................................................................................................................21
WEBLIOGRAPHY.......................................................................................................................21
 INTRODUCTION

“THE HUMAN RIGHTS OF WOMEN AND THE GIRL-CHILD ARE AN

INALIENABLE, INTEGRAL AND INDIVISIBLE PART OF UNIVERSAL HUMAN
RIGHTS.”

— Vienna Declaration and Programme of Action, 1993.

Non-discrimination and equality before the law and of the law constitute fundamental principles
of international human rights law. The notion of equality is inseparable from that of human
dignity essential to each and every person. Respect for human rights and the principles of
equality and non-discrimination are interdependent and underpin the Universal Declaration of
Human Rights and the main international human rights treaties. The Convention on the
Elimination of All Forms of Discrimination against Women, or CEDAW is an international legal
instrument that requires countries to eliminate discrimination against women in all areas and
promotes women's equal rights. CEDAW is often described as the international bill of rights for
women. CEDAW requires countries to eliminate discrimination against women in the public as
well as the private sphere, including in the family and recognizes that traditional gender roles and
stereotypes must be eliminated in order to end all forms of discrimination against women and
girls. It seeks to achieve 'substantive equality' or 'equality of results', which stresses that there
should be equal access, equal opportunities and equal results for women and girls. 1

CEDAW process is a roadmap for transforming gender relations within countries, communities
and families so that there is equality in real life. 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. In so doing, the 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.

CEDAW, human rights treaty adopted by the General Assembly of the United Nations in 1979

that defines discrimination against women and commits signatory countries to taking steps
toward ending it. The convention, which is also known as the International Bill of Rights for
Women, consists of 30 articles and includes an optional protocol (OP). Human rights agreements
often include OPs to provide an alternative mechanism to hold governments accountable or to
further elaborate on any substantive topic within the treaty itself. After its adoption by the
General Assembly in 1979, CEDAW was signed at a July 1980 ceremony in Copenhagen by 64
1
https://www.ohcr.org
countries, some of which registered reservations based on the agreement’s conflict with their
constitutions or other laws. (A country’s reservations curtail its legal obligation to abide by the
treaty.) It entered into force just over a year later, on September 3, 1981, after it had been ratified
by 20 member states.

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. 2 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”.

2
https://www.equalityhumanrights.com
 HISTORICAL BACKGROUND

The U.N.'s Commission on the Status of Women (CSW) had previously worked on the
political rights of women and the minimum marriage age. Although the U.N. charter
adopted in 1945 addresses human rights for all people, there was an argument that the
various U.N. agreements about sex and gender equality were a piecemeal approach that
failed to address discrimination against women overall. The process of international rule-
making can be slow. CEDAW was adopted by the General Assembly on December 18, 1979.
It took legal effect in 1981, once it had been ratified by twenty member states (nation states,
or countries). This Convention actually entered into force faster than any previous
convention in U.N. history. The CSW produced a Declaration on the Elimination of
Discrimination against Women, adopted in 1967, but this Declaration was only a statement
of political intent rather than a binding treaty. Five years later, in 1972, the General
Assembly asked the CSW to consider working on a binding treaty. This led to a 1970s
working group and eventually the 1979 Convention. In 1999, the Optional Protocol to the
Convention introduced the right of petition for women victims of discrimination.3

The Commission on the Status of Women (CSW) first met at Lake Success, New York, in
February 1947, soon after the founding of the United Nations. All 15 government representatives
were women. From its inception, the Commission was supported by a unit of the United Nations
that later became the Division for the Advancement of Women (DAW) in the UN Secretariat.
The CSW forged a close relationship with non-governmental organizations, with those in
consultative status with the UN Economic and Social Council (ECOSOC) invited to participate
as observers.

From 1947 to 1962, the Commission focused on setting standards and formulating international
conventions to change discriminatory legislation and foster global awareness of women’s issues.
The Commission drafted the early international conventions on women’s rights, such as the
1953 Convention on the Political Rights of Women, which was the first international law
instrument to recognize and protect the political rights of women; and the first international
agreements on women’s rights in marriage, namely the 1957 Convention on the Nationality of
Married Women, and the 1962 Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages. The Commission also contributed to the work of UN offices, such
as the International Labor Organization’s 1951 Convention concerning Equal Remuneration for
Men and Women Workers for Work of Equal Value, which enshrined the principle of equal pay
for equal work.

3
https://www.britannica.com
 WHY TREATY ON WOMEN?

Why is it, in spite of the protection of the Declaration of Human Rights and the general
human rights treaties, ICCPR and ICESCR, that women need their own Convention?

It is because women are discriminated against in every possible way, sometimes unintentionally,
by deeply ingrained ideas about the roles of women and men and the unequal power relations
between the sexes, generally known as ‘gender’. The word ‘gender’ doesn’t appear in CEDAW,
it was introduced in the Platform for Action of the IVth Women’s Conference in 1995 in Beijing.
But, with a similar purport, there is article 5 of CEDAW that obliges States Parties to take all
appropriate measures:

a): ‘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;’

What is discrimination against women?

Article 1 of the Convention provides that 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.’

It took a long time for the Netherlands to ratify CEDAW. The reason for this is that the
government first wanted to adopt legislation in conformity with the Convention and repeal
discriminatory laws. For example, it took until 1985 before women could confer their nationality
on their children on an equal basis with men. The law on equal treatment of men and women
(WGB) of 1980 deals with discrimination in the workplace. And of course the revision of the
Constitution (which came into force in 1983) brought us article 1 i.e. discrimination because of
sex is not permitted. All this happened in order to comply with article 2 of CEDAW.4

The same article obliges the State to refrain from engaging in any act or practice of
discrimination against women and to ensure that public authorities and institutions act in
conformity with this obligation. Another obligation of the State is to take all appropriate
measures to eliminate discrimination against women by any person, organization or enterprise.

b):to ensure that family education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women in the upbringing

4
https://www.feminist.org
and development of their children, it being understood that the interest of the children is the
primordial consideration in all cases.

- Women's human rights are not automatically recognized in proclamations on the rights of men.

- There are tensions between civil and political and socio economic rights. The international
community has largely focused on the former; whereas the violations against women occur both
in the civil and political and socio economic spheres.

- The focus in other treaties is on retribution for individuals. This treaty includes a focus on
systems, ideology and institutions that deny women their rights.

- In other treaties there is a focus on state actors who violate rights. This treaty goes beyond that
to hold States accountable for the denial of women's rights whoever the perpetrator may be.

In 1992, a group of women’s NGOs brought a petition to the Supreme Court of India in Vishaka
v State of Rajasthan5. Their petition was motivated by the gang rape of a social worker by her
own colleagues in a village in Rajasthan, and the failure of local officials to investigate.
However, the problem the NGOs asked the court to address was much broader: there were no
laws in India that prohibited sexual harassment in the workplace.

Relying on provisions of the Indian constitution, on the CEDAW, and the CEDAW Committee’s
General Recommendation on violence against women, the NGOs argued that the court should
draft a law to compensate for the Indian parliament’s inaction. The legal question the court had
to resolve was whether the State actually had an obligation to protect women from sexual
harassment. The court decided (in August, 1997) that CEDAW should be used to elaborate and
give further meaning to these constitutional guarantees. The court found that by ratifying
CEDAW and by making official commitments at the 1995 Beijing world conference on women,
India had endorsed the international standard of women’s human rights. According to this
standard, gender equality requires protection from sexual harassment. The definition of sexual
harassment employed by these guidelines is a close paraphrase of the definition provided by the
CEDAW Committee in General Recommendation:

“…sexual harassment includes such unwelcome sexually determined behavior (whether directly
or by implication) as:

 physical contact and advances

 a demand or request for sexual favors
 sexually colored remarks
 showing pornography
 any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

5
(1997) 6 SCC 241
Where any of these acts is committed in circumstances where-under the victim of such conduct
has a reasonable apprehension that in relation to the victim’s employment or work, whether she
is drawing a salary, or honorarium or voluntary, whether in government, public or private
enterprise, such conduct can be humiliating and may constitute a health and safety problem.

The fact that it was possible for the Government, women’s NGO lawyers, and the court to reach
a substantive consensus on these guidelines bodes well for their effective implementation.

Instances of discrimination:

Jus Sanguinis: Nationality laws of some countries grant citizenship through paternal descent
alone. In these countries, a mother cannot independently pass her nationality on to her children.

Jus soli: It means grant of citizenship by the simple fact of birth within a state's territory. It
favors the father's nationality in comparison with women who tend to reside in their husband's
state.

Naturalization law: Where citizenship is acquired by naturalization procedure, many states have
operated under dependent nationality principle in which a women who marries a foreign national
loses her own nationality and acquires that of her husband simply by virtue of their marriage.

De facto statelessness: It is the particular issue for women in which a women trafficked to work
in the sex trade or in forced labor who may be unable to prove their nationality because their
passports have been confiscated by their traffickers, brothel owners and pimps.6

PROCEDURE:
Article 17:

 Article 17 contemplates that there shall be established a Committee on the Elimination of

Discrimination against Women (hereinafter referred to as the Committee) 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 members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties. Each State Party may nominate one person from among its
own nationals.

6
https://www.granduatewomen.org
  The initial election shall be held six months after the date of the entry into force of the
present Convention. At least three months before the date of each election the Secretary-
General of the United Nations shall address a letter to the States Parties inviting them to
submit their nominations within two months. The Secretary-General shall prepare a list in
alphabetical order of all persons thus nominated, indicating the States Parties which have
nominated them, and shall submit it to the States Parties.
 Elections of the members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those nominees who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties present and voting.
 The members of the Committee shall be elected for a term of four years. However, the
terms of nine of the members elected at the first election shall expire at the end of two
years; immediately after the first election the names of these nine members shall be
chosen by lot by the Chairman of the Committee.
 The election of the five additional members of the Committee shall be held in accordance
with the provisions following the thirty-fifth ratification or accession. The terms of two of
the additional members elected on this occasion shall expire at the end of two years, the
names of these two members having been chosen by lot by the Chairman of the
Committee.
 For the filling of casual vacancies, the State Party whose expert has ceased to function as
a member of the Committee shall appoint another expert from among its nationals,
subject to the approval of the Committee.7
 The members of the Committee shall, with the approval of the General Assembly,
receive emoluments from United Nations resources on such terms and conditions as the
Assembly may decide, having regard to the importance of the Committee's
responsibilities.
 The Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee under the
present Convention.

Article 18

1. States Parties undertake to submit to the Secretary-General of the United Nations, for
consideration by the Committee, a report on the legislative, judicial, administrative or other
measures which they have adopted to give effect to the provisions of the present Convention and
on the progress made in this respect:
(a) Within one year after the entry into force for the State concerned;
(b) Thereafter at least every four years and further whenever the Committee so requests.
2. Reports may indicate factors and difficulties affecting the degree of fulfillment of obligations
under the present Convention.
7
Convention on Elimination of All Forms of Discrimination Against Women, 1979
Article 19

1. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of two years.

Article 20

1. The Committee shall normally meet for a period of not more than two weeks annually in order
to consider the reports submitted in accordance with article 18 of the present Convention.

2. The meetings of the Committee shall normally be held at United Nations Headquarters or at
any other convenient place as determined by the Committee.

Article 21

1. The Committee shall, through the Economic and Social Council, report annually to the
General Assembly of the United Nations on its activities and may make suggestions and general
recommendations based on the examination of reports and information received from the States
Parties. Such suggestions and general recommendations shall be included in the report of the
Committee together with comments, if any, from States Parties.

2. The Secretary-General of the United Nations shall transmit the reports of the Committee to the
Commission on the Status of Women for its information.8

8
Ibid
 SPECIFIC FEATURES OF THE CONVENTION

 The Convention is a comprehensive bill of rights for women. It has integrated various
concerns hitherto expressed in an ad hoc manner.
 The Convention is based on a principle of equality between men and women. Hence it
extends the coverage of human rights to women.
 It mandates these rights through the legislative process. This means that there is an
avenue for drawing accountability for the guarantee of these rights.
 It recognizes that despite legal rights being granted to women in many countries,
discrimination persists, and women's access to legal rights are curtailed by denial of
women's rights to economic and social development. Hence it bridges the traditional
divisions between civil and political and socio economic rights and it mandates both legal
and development policy measures to guarantee the rights of women.
 It recognizes that the inequality of women is socially constructed and hence recognises
the fact of discrimination against women.
 It addresses the need to tackle power relations between women and men at all levels,
from family, to community, market and state.
 It discards the distinction between the private and the public spheres, by recognizing
violations of women in the private sphere i.e. the home, as violations of women's human
rights.

Under this treaty the dynamics of relationship between the State and women is no longer one of
the dependency of women on the good will or vagaries of the State, but one in which the State
has responsibilities to women from which it cannot withdraw. 9

9
https://equalrightstrust.org
 PRINCIPLES OF THE CEDAW

There are three foundational principles of the CEDAW Convention. These are non-
discrimination, substantive equality, and state obligation. These are considered to be the three
pillars on which the implementation of CEDAW rests.

Non Discrimination:
Non-discrimination is integral to the concept of equality. The Convention adopts a broad
understanding of non-discrimination that seeks to eliminate discrimination against all women in
all fields (social, political, economic, cultural, civil or any other) and spheres (public and
private), and holds both state and non-state actors accountable in the case of any violation of
rights.“Any act of distinction, exclusion or restriction which has the intent / purpose or
effect of nullifying, impairing or denying the enjoyment of rights by women.”

Discrimination can be direct or indirect and intended or unintended. Direct discrimination is

that which has the intention of discriminating. Indirect discrimination any unintended action or
inaction that has the effect of denying a person the exercise of a right. 10

Discrimination may be current, cross-cutting, or historic. Historic discrimination occurs when a

group suffers from the effect of past discrimination, or when discriminatory treatment further
oppresses a group that has historically experienced institutional or systematic oppression. The
Convention recognizes that equal treatment of women and men is not sufficient for transforming
or improving the situation of women.

State Obligation:
State obligation is an integral part of the framework defining non-discrimination and equality.
State obligation under CEDAW embodies four important elements, that is, respect, protection,
promotion, and fulfillment of human rights. The Preamble and Articles 2–4 of the Convention
spell out the binding nature of the treaty and describe the ambit of state obligation. An important
aspect of the state’s obligation is the concept of due diligence, which demands ensuring the
10
https://www.sustainabledevelopment.un.org
prevention, investigation, and sanctioning of private acts of discrimination. State obligation has
two interrelated aspects:

(1) implementing and incorporating CEDAW standards and norms within the sphere of domestic
jurisdiction; and

(2) reporting to the UN treaty body about progress in the realization of CEDAW at the domestic
level, as well as related challenges. Accordingly, every state party submits initial and periodic
reports to the treaty body in respect to the fulfillment of CEDAW.

Substantive Equality:
There have been two main approaches to gender equality—the sameness approach and
the difference approach.

The sameness approach, also known as the formal approach, treats women the same as men. It
believes that differing treatment for men and women amounts to an admission of the negative
stereotypes attached to women, reinforcing patriarchal hierarchy. Its principal aim is to achieve
‘equal treatment’ rather than equality of outcomes. In failing to recognize gender difference, the
sameness approach perpetuates the unequal status of women in the long run.

The difference approach of equality recognizes that men and women have different lived
realities and occupy different social spaces. The rationale for and response to this difference,
however, may vary resulting in two approaches based on the difference model of equality. Of
these, the protectionist approach accepts the differences between men and women in society as
natural and inherent to the two sexes, and therefore not needing the same treatment. This
approach views biological difference and social assumptions as standards for the roles and
capacities attached to men and women. According to this approach, biological difference justifies
differential treatment of men and women. This approach is problematic for its rationalization and
treatment of difference; it accepts the difference as a natural phenomenon, thus sanctioning the
treatment and status of women. In doing so, it seeks a paradigm shift from ‘equal treatment’ or
merely ‘different treatment’ to ‘equality of outcomes’. 11

WAYS OF IMPLEMENTATION OF CEDAW

Ratified by 189 States around the world or about 90% of the UN membership, CEDAW is the
internationally recognized bill of rights for women. It was adopted by the UN General Assembly
on December 19, 1979 and came into force as a treaty on December 3, 1981. It requires the
11
https://www.asiapacific.unwomen.org
elimination of discrimination in all aspects of women’s lives – from education to employment,
from family life to political office, from health care to rural development, from cultural
stereotypes to public spending. The Convention is a recognition that the disadvantages,
disparities and power imbalances that have marred relations between women and men in all
regions of the world are not simply the reflection of a state of nature or a regrettable misfortune,
but are the effects of ongoing discrimination rooted in both the public and private realms, in
attitudes, cultural norms, laws and government policies.12

PROGRAMME STRATEGY

Overall Strategy

A three-pronged strategy will be adopted to facilitate the effective implementation of CEDAW,

targeting:

1) the substance of discriminatory laws;

2) institutional structures and procedures; and

3) cultural factors.

The first aspect of the strategy focuses on the application of the standards set out in CEDAW to
the body of laws of a country; removing contradictions between existing laws and CEDAW
articles.

Effective enforcement of new standards integrated into a country’s legal framework requires a
second emphasis. This involves changes in institutional structures and processes of the executive
branch of the state that is tasked with implementing laws, as well as work with the judicial
branch in relation to legal interpretation and enforcement.

The third strategic component is a critical, but often neglected, element – work to raise the
awareness of women and men of women’s human rights as guaranteed by CEDAW, in order to
change values, attitudes and behaviors across society.

PARTNERS
At the regional level, the programme will partner with regional NGOs that have been engaged in
work on CEDAW implementation and promotion of women’s human rights.

The most appropriate candidates for NGO partners are;

12
https://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf
IWRAW-AP: International Women’s Right’s Action Watch Asia Pacific. Based in Malaysia
since 1993, it has been an important presence in South, East and Southeast Asia, as well as
conducting major advocacy and training initiatives at the international level. IWRAW has
worked in close collaboration with UNIFEM on a number of CEDAW-related projects, including
the Global to Local trainings in connection with CEDAW Committee sessions.

APWLD: The Asia Pacific Forum on Woman, Law and Development, established in 1985 with
headquarters at Chiangmai, Thailand. The objectives of APWLD are to enable women in the
region to use law as an instrument for empowerment and promote basic concepts of human rights
as enshrined in various international human rights instruments, including CEDAW.

ARROW: The Asia-Pacific Resource and Research Centre for Women is also a potential
regional partner given its work throughout the region in addressing issues related to women’s
health and women’s rights since 1993.

MONITORING IMPLEMENTATION OF THE CONVENTION

The CEDAW Committee was established in 1982. It consists of 23 members with expertise in
international women’s human rights, who serve in their personal capacity and not as
representatives of their governments. Members are elected by States Parties in a secret ballot,
with due regard to equitable geographical representation and diversity of legal systems and
cultural backgrounds. 13

Originally, the Committee met twice a year, usually in January or February and June or July, to
review States’ efforts to bring their laws, policies and practices into compliance with the
CEDAW. To overcome the backlog of reports awaiting consideration, the Committee will meet
three times in 2006 and 2007, in January or February, June or July and August, and will meet in
parallel during some of the sessions in order to consider periodic reports from States Parties.

The threefold mandate of the committee is:

to review national reports submitted by each State Party within one year of ratification or
accession and thereafter every four years.

to make recommendations on any issue affecting women to which it believes the State Parties
should devote more attention, or the Committee's view of the obligations assumed under the
Convention requires further elaboration.

to receive and consider complaints from individuals or groups within its jurisdiction, as
recognized by those States that have ratified the Optional Protocol to the Convention.
13
M.K. Sinha, Implementation of Basis Human Rights, LexisNexis 2013
 WEAKNESS IN IMPLEMENTATION

LACK OF COMPREHENSIVE HOLISTIC PLAN:

There is no evidence of any country that has taken steps to incorporate the principles of CEDAW
into municipal legislation making the convention not directly applicable. And its provisions have
not been widely used in courts and so the ratification of the treaty has not changed the culture of
courts.

CEDAW IS NOT THE BASIS OF LAW OR POLICY REFORM:

There are concerns that the principles of the convention are not necessarily used to inform
interventions such as law reform. Although there exists national plans for reforms for women in
many countries, and gender responsive budget achieved, it is not clear that the norms and
standards under CEDAW are being used as a framework. There is also lack of monitoring. 14

LACK OF CLARITY ON CEDAW AS A HUMAN RIGHTS INSTRUMENT:

The committee in charge of implementing the provisions of CEDAW is concerned with the
replies of the UK expressing the view that the obligations under CEDAW are more
programmatic in nature than the European convention on Human Rights and fundamental
freedoms and thus difficult to introduce into common law. This was in regard to the process in
the UK to enable devolution of power to the Scottish parliament, the Northern Ireland assembly
and the National Assembly for Wales. The committee was concerned that the devolution of
powers might result in uneven protection of women

PEACEMEAL LAW REFORM AND WEAK IMPLEMENTATION

Because of a lack of holistic approach, law reform in one area is sometimes negated by
conflicting laws. In some countries there are dual or even triple legal system (civil, religious,
customary). In India, the constitutional guarantees for equality do not regulate the private sector.

PERSISTENCE OF DISCRIMINATION
There has not been an attempt to make an inventory of discriminatory laws so as to revise or
repeal them. In Nigeria there are provisions that promote harmful traditional practices like FGM,
and child marriages. In many other countries violence against women is tolerated.

RIGHTS NOT EXTENDED TO MINORITY WOMEN OR THROUGHOUT

STATES' TERRITORIES
Governments party to this convention have been unable to fulfill these rights to women from
minority and other disadvantaged groups like the Dalits in India, the Maoris in New Zealand or
women of ethnic minorities in the UK.

14
D.K. Basu, Human Rights in Constitutional Law, LexisNexis 2008
WEAK REPRESENTATION OF WOMEN
There is weak representation of women in decision-making in commonwealth countries both
developed and under-developed. Even in New Zealand, women are poorly represented in
Parliament and do not hold positions as Chief Executive in the Public Sector.

INDIAN PERSPECTIVE:
On 2nd July, the Government of India was faced with the reality of countless women’s rights
violations in all aspects of life, rooted in the gender inequality that poisons Indian society. As a
result of our advocacy efforts, the CEDAW Committee issued recommendations in the following
areas:

 Violence by Security Forces in the Northeast of the Country:

In light of this impunity, the CEDAW Committee recommended the state to repeal or at
least amend the AFSPA in order to bring crimes against women under normal criminal
law (not military law) and enable the speedy prosecution of these crimes with a view to
implementing a strict code of conduct respectful of women’s rights for every military
operation.
 Weapons and Militarization:
As mentioned, more army does not equate to more security, rather it brings forth a
militaristic culture of violence which permeates through society and exacerbates gender
inequality and patriarchal attitudes. We have seen how civilian possession and use of
firearms not only directly causes gender-based violence, but it also affects all other
women’s rights by creating an atmosphere of insecurity which prevents them from
engaging in society. As such, CEDAW Committee members expressed deep concern
over the limited regulation of arms trade and the proliferation of small arms and light
weapons and their impact on the security of women.15
 Women’s participation and UNSCR 1325:
As we all know, a gender approach to conflict does not only mean ensuring safety for
women, but it is also a question of guaranteeing they actively take part in peace
negotiations. This is essential in order for women to be strong leaders in post-conflict,
that is why the CEDAW Committee urged the government to ensure women’s
participation in conflict resolution through the implementation of UNSCR 1325 and
General Recommendation. The government declared that wherever possible, women
were consulted in peace negotiations. We do not see how some situations are more
possible than others, as women constitute half of the population and therefore they should
always be included in discussions.

WILPF India and the Human Rights Programme managed to successfully advocate for the
inclusion of widespread impunity, militarization and for a gendered approach to conflict in the
final CEDAW report.

15
https:// www.ipu.org
When faced with the question of why the agreed budget for women has not been allocated, India
replied that they did not require that extent of funds. In light of the discussions of the day though
it is clear that there need to be more than funds for Indian women to be finally respected. The
government now has to take responsibility for its actions and show real commitment to Women,
Peace and Security. WILPF for sure will make sure that happens. Perseverance is something we
do not lack.

CONCLUSION

Are women equal and treated equally to men?

After almost 40 years CEDAW has not achieved universal ratification.

Many State parties have entered reservations to important articles, thus not recognizing their duty
to implement them and undermining the strength and universal validity of the Convention. Other
State parties refer to religion, culture and to their national identity in order to keep discriminating
against women on their territory. Religious fundamentalism in its various form threatens the
universal validity of the Convention. Many State parties to the Convention still have to ratify the
Optional Protocol, which allows the Committee to assist individual women and to develop a
jurisprudence concerning discrimination against them. Even more State parties still have to ratify
the amendment to article 20(1) of the Convention which lifts the restriction on the meeting time
of the Committee. This restriction is a unique feature in the now seven UN human rights treaties
and constitutes discrimination against the Convention in itself and against the women which it
protects.

Achieve gender equality and empower all women and girls.

Women keep advocating for equality.

 BIBLIOGRAPHY

 M.K. Sinha, Implementation of Basis Human Rights, LexisNexis 2013

 D.K. Basu, Human Rights in Constitutional Law, LexisNexis 2008

WEBLIOGRAPHY

 https://www.ohcr.org (Visited on October 23, 2019 at 5 p.m.)

 https://www.equalityhumanrights.com (Visited on October 25, 2019 at 9 p.m.)

 https://www.feminist.org (Visited on November 1, 2019 at 10 a.m.)

 https://www.sustainabledevelopment.un.org (Visited on November 3, 2019 at 11 a.m.)