Name : Zain ul dil

Roll Number : 01-177211-063

Class LLB (4B))
Submitted to; maam Rida Zaman

1
 “CEDAW”
WHAT IS CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN, CEDAW
The Convention on the Elimination of All Forms of Discrimination Against Women is the result
of more than three decades of work by the United Nations Commission on the Status of Women,
a body founded in 1946 to monitor women's conditions and promote women's rights. The work
of the Convention has been critical in bringing to light all the ways in which women are denied
equality with men. These efforts for women's advancement have led in various declarations and
conventions, the most important and comprehensive of which is CEDAW. The Convention,
among international human rights accords, plays an essential role in bringing the female half of
humankind into the spotlight of human rights problems. The spirit of the Convention is anchored
in the United Nations' goals to reaffirm trust in fundamental human rights, human dignity and
worth, and equal rights for men and women.
On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination
against Women was adopted by the United Nations General Assembly. It entered into force as an
international treaty on 3 September 1981 after the twentieth country had ratified it.

WHY IS THERE A NEED FOR CEDAW?

Women’s rights are important to help stop torture and inhuman degrading treatment of women.
For a long time, women have been tortured. Hence there was a need for women’s right to protect
them. Giving the same rights to women as men and opposing discrimination which include
violence, poverty, and no legal protections, denial of inheritance, property rights, equal pay.
Denial of women rights, gender equality and increasing threats prevents women and girls from
living a life in dignity, security, and freedom. Women and girls all over the world continue to
experience multiple expressions of gender-based violence. Worrisome manifestations against
women rights are increased and relentless attacks on their bodily autonomy were being made.
Access to sexual and reproductive health rights under social, cultural, religious, or political
arguments, putting their lives, health, and well-being were being denied. Victims and survivors
of violence don’t get justice, assistance, protection, and compensations. The growth of gender-
based oppression in several countries ruined by conflict is alarming.
• CRITIQUE ON CEDAW
The general critiques have claimed that international law is at best silent on many of the issues
important to women and at worst androcentric (centered on men) that the structure of
international law, with its preservation of state entitlement to not ratify treaties or to make
reservations, is insufficient to bring about the enforcement of human rights or that emphasis of
international law on rights as such, on the public rather than the private sphere and on political
and civil rights in particular does not serve or recognize the interests of women .1

1
gender and democratic citizenship: the impact of cedar by Francis Rayday

2
Not all the articles of the CEDAW are adequately worded to serve the basis for a decision in an
individual case2. CEDAW treats women as a homogenous group. A claim is made that the very
retention of the category of womanhood in CEDAW is essentialist and neither accurate nor
effective nor it has not accomplished the transformative equality promised and cannot do so if
“the harms it addresses focus solely on “women” as a group”3.
CEDAW controversies comes from two opposite directions: social and religious conservatives
which claim that CEDAW is seeking to impose a liberal and feminist standard on countries and
is in damaging the traditional values4. Feminists claim that CEDAW forms a weak liberal
feminism like other conventional organizations. They also claim that UN members cannot create
objectives which represent values of the poor, conservative, religious, or weak, because few UN
officials are from this group whom they claim to represent5.

OVERVIEW OF ARTICLES OF CEDAW

 Article 1 gives the definition of discrimination against women, and it states: any
distinction, exclusion, or restriction, made on the basis of sex, with the purpose or effect
of impairing the enjoyment by women of political, economic, social, cultural, or civil
human rights on equal footing with men. 6
 Article 2 states the State Party obligations such as to eliminate all forms of
discrimination including those which occur in public institutions and/or by public
authorities. It also includes the obligation on State Parties to take steps to introduce
domestic legislation conforming to the convention for its smooth implementation.
 Article 3-6 talk about the fundamental human rights, social and cultural rights of women
and to ensure that there is no discrimination against women on these aspects for e.g., the
stereotypical roles of a woman.
 Article 7-14 focus on the various socio-economic rights such as right to education, right
to health as well as political rights such as the right to vote and the right to represent their
country on international levels and also to work in international organizations.
 Article 15 concern the protection of women in the judicial system that is to be provided
equal representation and recognition before law. It also states the freedom of movement
and the freedom of choosing residency.
 Article 16 deals with the rights concerning marriage and family life. It states that women
shall be entitled to the same rights in marriage, divorce and children as well as the right to
marry with consent and the choice of spouse shall be free.
 Article 17-22 deals with the workings of the committee and includes the process of
monitoring and implementation of the convention in the State Parties.

2
observatory for sociopolitical developments in Europe
3
Unsex CEDAW: what is wrong with “women's rights” by Darren Rosenblum
4
Unsex CEDAW: what is wrong with “women's rights” by Darren Rosenblum
5
A feminist critique of the CEDAW and its jurisprudence's approach dealing with customary discrimination of
women by Marcella Mizzy
6
https://www.un.org/womenwatch/daw/cedaw/
3
  Article 23-30 deals with the administration of the convention which also includes the
effect this convention has on other treaties. 7
Looking at the convention as a whole, it provides for a couple of important day to day problems
as well as produces a certain way to eliminate them. Firstly, it highlights the basic rights
violated. Secondly, it sheds light on the equality element. The convention repeatedly asks to
ensure, in its articles, that women are to receive equal representation and recognition in all fields
of life such as public and political life, marriage life, family life etc. Lastly, the convention
provides a national plan of action for the states to incorporate into their national agenda and to
make sure that this plan of action is implemented in all levels of the country from public to
private or rural to urban.

WHEN DID PAKISTAN RATIFY CEDAW, TREATY BODY REPORTS

Pakistan ratified the convention on 3rd December 1996. By signing this treaty, Pakistan has
come under the obligation to protect women’s rights and provide them with all facilities and
opportunities to take an equal part in the society and guarantee them their basic rights. Moreover,
Pakistan has been obligated to protect women from sexual abuse, harassment and violence or any
other gender-based crime against them.
From 1996 when Pakistan originally ratified the convention to the current year, 2022, Pakistan
has only submitted five treaty body reports. Treaty body reports are compiled by the Ministry of
Human Rights (MOHR).
The first treaty body report that was submitted by Pakistan covered the period of ratification in
1996, to December 2004. The first report was a combined initial, second and third report. Treaty
body report discussed implementation of CEDAW articles in domestic legislation of Pakistan.
Some examples given in the initial reports are
• The Pakistan Citizenship Act 1951 was amended to give children of Pakistani
women married to foreigners the right to Pakistani nationality.
• Criminal Law (Amendment) Act, 2004 removed the gap in the law to facilitate
prosecution of those found guilty in honor killings.
A few other prominent measures stated in the report are establishment of crisis centers made for
women in distress that have been set up in Islamabad, Sahiwal and Vehari. Free legal, medical
aid is provided to these women as well as temporary shelter for those who have suffered from
domestic violence. Moreover, actions have been taken to establish women police stations in ten
major cities and enhance already existing police stations by their performance and training of
staff. Additionally female police officers were posted in model police stations to handle female
complaints.8

7
https://www.coe.int/en/web/gender-matters/convention-on-the-elimination-of-all-forms-of-discrimination-
against-women-cedaw
8
Initial, second and third CEDAW reports

4
The fourth periodic report of submitted by Pakistan covered the period of January 2004 to April
2009. This report consists of two sections, the first section addresses the concerns raised by the
CEDAW Expert Committee during its deliberations in 2007. It also includes, where available,
the impact of laws revised or enacted to eliminate discrimination against women since 2005.
Section two states the new initiative taken to improve rights of women since the efforts made in
2005. The fourth periodic report also focuses on the effects of the famous earthquake that
occurred in 2005 in October. As a result of the earthquake many lives were lost, and many
people were displaced as well. The report explains how in these challenging times women were
awarded protection as well.
Pakistan has reported new measures that it has taken in accordance with the convention. For
example,
• Criminal Law Amendment Act, 2009 which is an amendment to the Pakistan Penal
Code in clause 509, which formally adds a clear definition of sexual harassment and
defines punishment which is up to three years with a fine of Rupees 5 thousand.
• The Protection against Harassment of Woman in Workplace Act (2009) was also
introduced The Bill requires all public and private companies to adopt an internal
code of conduct to provide a safe environment for working for women as well as a
procedure or mechanism in place for registering complaints in the workplace.
The government has worked simultaneously to build women empowerment schemes for example
the First Women Bank, for rural and urban poor women on local basis has been established. Four
pilot projects have been started to diversify the training and skills of women, as well as to offer
microcredit to start small businesses and connect them to regional, national, and international
markets. The government also has reserved a 10% quota for women in Central Superior Services
(CSS). 9
The fifth periodic report is the last report that has been submitted by Pakistan and it covers the
period between March 2013 to March 2017. It talks about the implementations on provincial and
national levels. CEDAW implementation Committees and Treaty Implementation Cells (TICs) at
the national and provincial levels monitor the implementation of the Convention.
•The National Commission for Human Rights (NCHR) was set up by an act of
Parliament. This was the only body that has the power of civil courts and can take Suo
Motto action on any human rights violation.
Some other measures taken that are reported in this report include the establishment of women
hostels in Islamabad for those women who work out of city by MOHR. Family Protection &
Rehabilitation Centre for Women (FPRCW), Islamabad works under the MOHR and provides
counseling and legal/medical aid/help to women. A set of SOPs have been developed to ensure
effective implementation of FPRCW objectives and services. Services available at the Centre
include psycho-social, and legal counseling, individual & group therapy to overcome depression
and trauma, medical and legal aid, outreach visits, reconciliation, reintegration, and social

9
4th periodic CEDAW report

5
rehabilitation. The Centre also provides temporary accommodation and food, basic education,
professional vocational training. It also runs its own toll-free helpline service.10

RATIFICATION
Pakistan ratified CEDAW on 12 April 1996, making a declaration on the convention and
entering a formal reservation on Article 29, paragraph 1.
ARTICLE STATED IS AS FOLLOWS:
“Any dispute between two or more States Parties concerning the interpretation or application of
the present Convention, which is not settled by negotiation shall, at the request of one of them,
be submitted to arbitration. If within six months from the date of the request for arbitration the
parties are unable to agree on the organization of the arbitration, any one of those parties may
refer the dispute to the International Court of Justice by request in conformity with the Statute of
the Court” 11
In simple terms, this article commits a ratifying country to solve political disputes on the
convention in the international court of justice according to their terms as opposed to their own
justice system
Pakistan stated the following reservation along with its declaration on the convention:
Declaration: “The accession by the Government of the Islamic Republic of Pakistan
to the [said Convention] is subject to the provisions of the Constitution of the
Islamic Republic of Pakistan” 12
Reservation: “The Government of the Islamic Republic of Pakistan declares that it
does not consider itself bound by paragraph of article 29 of the Convention”13
This act allowed Pakistan to accede to the convention while keeping in accordance with its views
on the international court of justice. It allowed the country to control the legislative aspect of
resolving disputes on the convention while also being carefully worded so as to not object
against the purpose of the convention. In practice, Pakistan’s constitution, adopted in 1973, was
written in light of all the universal human rights instruments available at the time and thus the
declaration did not cause a major obstacle in the implementation of CEDAW in Pakistan.
However, one of the main reasons or obstacles that Pakistan has had the need to take a
10
5th periodic CEDAW report
11
Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979 –
United Nations General Assembly

12
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All
Forms of Discrimination against Women – Committee on the Elimination of Discrimination against Women
13

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All
Forms of Discrimination against Women – Committee on the Elimination of Discrimination against Women

6
reservation on CEDAW is the religious extremism in Pakistan. Women are denied the right to
education, work, taking part in public and political life based on it being “un-Islamic” by
extreme religious scholars.
The religious extremism coupled with a very primitive mindset that women don’t need to be
given education, and they are only supposed to perform house chores is diminishing their value
and preventing conventions like CEDAW bring a positive change in our societies. Most if not all
articles of CEDAW break the so called ‘traditions” of our society. For example, article 16 of
CEDAW talks about marriage and family life and centers around the concept of free consent of a
woman to marry the man of her choice. In many rural areas, a woman is married off to a man
who can be twice her age, and someone she is not interested to marry, solely because that is what
her father or brother had decided for her.
It is for these reasons, that Pakistan has felt the need to take reservations against articles in
CEDAW.

PAKISTANI LEGISLATION BASED ON CEDAW

The Declaration (entered upon CEDAW ratification) permitted Pakistan's entry to the
Convention and reflects our stance on the issue from a legal and policy perspective. The
Declaration was carefully drafted, and it did not intend to contradict CEDAW's goals. National
legislations are consistent with international human rights law. In accordance with its
Constitution and international human rights legislation, Pakistan is putting the Convention into
effect.
A number of legal reforms have been made to incorporate provisions of CEDAW into national
law. Such reforms include section 310-A of PPC which criminalizes the giving of females in
marriage or otherwise in badla-e-sulh, wanni or swara;
Section 498A of PPC which deals with cases where women are deprived from inheriting
property through deceitful or illegal means.
The Prevention of Trafficking in Persons Act (2018), which specifies that trafficking includes
the recruiting, harboring or transporting of an individual for ‘compelled labor or commercial sex
acts’ and imposes harsher penalties against those who traffic women or children and,
significantly, the offence of trafficking includes internal and external trafficking.
The offense of Zina Bil Jabr was abolished, and the offense of rape was added to the PPC under
sections 375 and 376 by the Protection of Women (Criminal Law Amendment) Act in 2006.
By adding numerous sections to the PPC, the Criminal Law (Amendment) (Offences related to
Rape) Act, 2016, substantially strengthened the rules pertaining to rape, including evidentiary
issues and the trial process. Due to these legislative changes, the State and courts have
vigorously pursued reported rape cases and made sure the victims receive justice. For instance,
the Zainab Alert Bill, 2019, was created as a result of the fact that the offender in the rape case
involving a juvenile girl was caught and tried in court.
7
 Other protections provided to victims of sexual assault include free legal representation for the
victim under Section 161A of the PPC, in-camera rape trials, and the use of screens to shield the
victim and witnesses. The legal process must go quickly, and the provincial government is
prohibited from interfering with rape conviction sentencing. The Punjab GMIS collects data for
the promotion of women-centric policies, regulations, and initiatives in order to harmonize the
Convention's implementation. The Treaty Implementation Cell has identified and
communicated any gaps in CEDAW implementation to the relevant departments. Various legal
enactments and amendments have been introduced for the advancement and protection of
women.
1. the Women Distress and Detention Fund (Amendment) Act, 2018.
2. the National Commission on the Status of Women (Amendment) Act, 2018.
3. the Election Act, 2017.
4. the Punjab Domestic Workers Act, 2018.
EFFORTS MADE AT FEDERAL AND PROVINCIAL LEVEL:
The Supreme Court of Pakistan has reaffirmed the idea that the State is competent to make any
special provisions for the protection of women and children. In 2008, when an attempt was
made to declare reserved seats for women in the National Assembly as un-Islamic and unlawful,
the Supreme Court of Pakistan relied on Article 34 and held that the Constitutional scheme was
such that it allowed for special safeguards for women, thus making reserved seats lawful.

At the provincial level, different provinces have introduced various laws and administrative
measures according to their needs. The Government of Sindh has introduced various legislation
to ensure that the definition of discrimination as set out in CEDAW is systematically
implemented, e.g.
1. the Protection against Harassment at the Workplace Act, 2018.
2. Sindh Child Marriages Restraint Act, 2016.
3. Sindh Home Based workers Act, 2018.
The KPK Government had introduced the Women Empowerment Policy (WEP) in 2017
which addresses different dimensions of discrimination and proposes measures to be taken to
ensure their empowerment in all spheres of social, political, legal, and economic life.
(Government of Khyber Pakhtunkhwa, n.d.)14

WHAT KIND OF OBSTACLES ARE FACED WHILE IMPLEMENTING

CEDAW:
Coeducation, inheritance, and evidence/legal witnesses are the three main areas of contention
between the Pakistani state and CEDAW. The first group is frequently presented as being in
opposition to the attitudes prevalent in the community, which primarily function under the
principle of distinct realms for men and women. Quite bluntly, Pakistan faces a number of

14
Replies of Pakistan to the list of issues and questions in relation to its fifth periodic report

8
challenges in eradicating discrimination against women and putting the Convention into practice,
including ingrained sociocultural norms, the current patriarchal system, legal protections that are
frequently not followed through on, and the feudal values of the culture. most of the substantive
obstacles lay in implementation, especially at the grassroots level, due to locally perceived
cultural limits and political demands to satisfy specific groups. (Weiss, 2003)15
Despite existing laws, detrimental anti-women customary practices persist. Additionally, it is
challenging to properly enforce the law on the ground because of a lack of awareness,
comprehension of new laws, and favorable interpretations of earlier sections.
1. DECISIONS OF COURTS:
The courts sometimes interpret a woman's claim of rape as an admission of illegal sex unless she
can demonstrate, by their standards, that the intercourse was non-consensual and therefore not
fornication or adultery. This is an even worse scenario as a result of judges' reluctance to convict
in rape cases. Until the aggrieved party or prosecutrix can demonstrate her innocence, the court
deems her guilty, according to Dr. Justice Javid Iqbal's writing. Therefore, when a woman files
such a case [of rape], she puts herself at the mercy of the court rather than seeking justice.
2. JUDICIAL DISCRETION
The legal system in Pakistan is much less effective in protecting battered women and punishing
abusers. Most incidents of domestic abuse are covered under the Qisas and Diyat Ordinance of
1990,16 (Wasti, 2009) which does not expressly forbid them. Given the pervasive cultural and
judicial discrimination against women in Pakistan, the high level of judicial discretion contained
in the qisas and diyat legislation has drawn heavy criticism. The possibility of discrimination and
corruption is one of the dangers that result from decodification and an increase in judicial
discretion.17 The Citizenship Act, Qanun e Shahdat, and indirectly PPC and Crpc continue to
discriminate against women in Pakistan.
3. THE CRIMINAL JUSTICE SYSTEM'S GENDER BIAS
Human Rights Watch discovered that bias against female victims of rape and domestic violence
is not limited to the letter and interpretation of the law through interviews with human rights
lawyers and activists, women who have experienced violence, police officers, prosecutors,
judges, and medicolegal doctors. Instead, it permeates every aspect of the criminal justice system
in Pakistan. Women seeking retribution for sexual and other assault frequently encounter law
enforcement organizations and personnel with hostile, or at best apathetic, attitudes toward their
allegations from the initial filing of complaints through the ultimate adjudication of cases.

15
International Sociology Vol. 18 No. 3

16
The Criminal Law (Second Amendment) Ordinance, 1990, commonly known as the Qisas and Diyat Ordinance,
1990, amended the Pakistan Penal Code (Sections 299 to 338) and the Code of Criminal Procedure.
17
Evan Gottesman, "The Reemergence of Qisas and Diyat in Pakistan," Columbia Human Rights Law Review, v.23,
n.2, pp. 434-5.

9
Measures taken to improve situation of women in accordance of CEDAW
(Fizzah Khan 071)
It can be said that since ratifying the CEDAW convention Pakistan has made considerable efforts
to remove or prohibit all kinds of discrimination against women. There are several articles in the
constitution that prevent violence and discrimination against women. For example,
 Articles 25(3) and 26(2) allow the state to make special provisions for the protection
of women and children.
 Article 34 directs the state to take appropriate measures to enable women to
participate in all spheres of life and social activities.
 Article 32 makes special provisions for the representation of women in local
Government.
 Article 51 and 106 provides for the reservation of seats for women in legislature.
 Articles 26 and 27 allow for equal access and employment to public and private
sectors
 Article 37 (e) directs the state to make provisions for securing just and humane
conditions of work ensuring that children and women are not employed in vocations
unsuited to their age or sex, and for ensuring maternity benefits for women in
employment (wdd.punjab.gov.pk, n.d.)
Furthermore, the government of Punjab, in response to the General Recommendations of the
treaty body announced its, Punjab Women Empowerment Package 2012 (PWEP) on 8th March
2012 during a mega event held to celebrate International Women’s Day.
International Women’s Day. The package comprises multiple reforms in legal, administrative,
and institutional spheres aimed at elimination of discrimination against women and promotion of
gender equality. It provides new initiatives to safeguard women’s rights and is expected to
transform the socioeconomic status of women by expanding opportunities available to them.18
A major crime that is committed in Pakistan against women is acid throwing. There have been
multiple victims and survivors of this crime and the government has taken it upon themselves to
combat this crime and help protect and rehabilitate the victims by dealing with acid throwing
crimes under “Anti- Terrorist Laws” To suggest specific medical and psychological care for such
sufferers, a Provincial Board and Fund for Acid Burns Victims have been formed. Women Crises
& Rehabilitation Help Desks and a 24/7 toll-free help line are being established at district level
throughout the province to provide legal, psychological, and health services. This is done to
ensure that women and girls who are victims of violence have access to protection, effective
redress, and that perpetrators of such acts are effectively prosecuted and punished.
18
https://wdd.punjab.gov.pk/women_rights

10
With all these mechanisms set in place for the protection of women, there is still a gap in theory
and practice.
(CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN, n.d.)

HAS PAKISTAN COMPLIED WITH ITS INTERNATIONAL

OBLIGATIONS UNDER CEDAW, EXAMPLES. (Osama Gul 049)
The Fifth Report's comments from the Government convey the impression that it has followed
the CEDAW Articles to the letter and spirit in full. These extravagant assertions are refuted by
actual events. There are no doubt some accomplishments, such as the adoption of pro-women
legislation at the federal and provincial levels, including constructive changes to election laws. A
large portion of the credit belongs to civil society, proactive actions taken by human rights
advocates, women lawmakers, and Status of Women Commissions (CSWs). The terrible fact that
women and girls run the possibility of being oppressed, degraded, violated, and killed for their
"dishonour" on any pretext that offends patriarchal and sexist attitudes, however, leaves many
unaddressed issues. In a number of ways, there are indications of regression rather than
advancement.
• The reality is that national laws encourage honor murders and do not hold offenders
accountable for such crimes. Because the culprit and victim of an honor killing
frequently come from the same family, the Qisas and Diyat clauses allow the heirs of
the dead to negotiate with or pardon the killer.

• Women are prohibited from voting in some places, the government does not
intervene, there are few women in positions of higher justice, and court and police
station.
• At least 79 percent of agricultural work is performed by rural women, compared to 63
percent by rural males, yet neither women farmers nor any government plan are
recognized. Budget allocation for health and education is very insufficient, which
negatively affects the lives of women.
• Family and marriage rules continue to be poorly implemented. Regarding the
Committee's precise COs/Recommendations, the Fifth Report does not include any
substantial information on initiatives to promote gender equality in marriage.

Pakistan’s ratification in theory or practice? (Osama Ghaffar Khattak 048)

11
Pakistan became a signatory of CEDAW in 1996. Periodic reports of different timespans have
been sent but if we look at the situation in 2022 there has barely been any improvement in the
treatment of women. 19 There several factors influencing the signature of Pakistan to the
CEDAW. Firstly, image building, meaning that Pakistan signed the CEDAW to be recognized in
the rest of the globe as a country which caters to the rights of women and enforces them
accordingly. As a result, it helps the country to achieve positive status internationally. In return,
Pakistan develops a smooth relationship with the developed countries. Another factor linked to
this is the GSP+ status which is a special incentive given to developing countries by the EU for
smooth trade and good governance. GSP+ status requires the applying country to sign 27
conventions CEDAW being part of it. Pakistan has attained GSP+ status by signing CEDAW
and the other conventions to achieve the special incentive and becoming a trade partner to the
EU.20
On the other hand, Pakistan has passed domestic legislation for the protection of women. For
example, after the motorway incident an anti-rape ordinance was passed which allowed for the
chemical castration of criminals who committed crimes of rape or those relating to it. Secondly,
The Protection against Harassment of Women at the Workplace (Amendment) Bill, 2022, was
enacted on January 1421. The amendment expands the definition of workplace to include both
formal and informal workplaces. The amendment also focuses on the inclusion of domestic
workers, who are frequently excluded and marginalized and may therefore be more vulnerable to
workplace violence and harassment. The Domestic Violence (Prevention and Protection) Act
2010, although subject to major criticism and debate, still serves some purpose for the rights of
women.22

CONCLUSION:
By ratifying the United Nations Convention on the Elimination of All Forms of Discrimination
from Women (CEDAW) in 1996, Pakistan accepted the responsibility of defending women
against sexual assault and other types of gender-based violence committed by both public and
private entities. Pakistan may have signed the CEDAW and introduced several domestic
legislations conforming to the CEDAW however, looking at the overview and the present
condition it can be deduced that the signature may be in theory but not in practice. Pakistan has
failed to conform to CEDAW as women are still to this day being deprived of their rights and are
subject to numerous violations of their rights. Apart from violations in workplace, homes and
outside areas, justice is not being served on complaints. The reality is that cases are being held
for years. Complaints are not being taken seriously and apart from these the remedy providers
19
https://gsphub.eu/conventions/Convention%20on%20the%20Elimination%20of%20All%20Forms%20of
%20Discrimination%20against%20Women%20(1981)
20
https://www.bbc.com/news/world-asia-55314493
21
https://www.hrw.org/news/2022/01/20/pakistans-new-law-aims-protect-women-workplace#:~:text=The
%20Protection%20against%20Harassment%20of,Organization%20(ILO)%20Violence%20and%20Harassment
22
https://borgenproject.org/improving-womens-rights-in-pakistan/

12
are being influenced by the crime committers. Thus, it can be concluded that the element of
practice is missing, and Pakistan has only conformed to CEDAW in theory to gain international
benefits across the globe.
It can be deduced that the condition of Pakistan with respect to discrimination and torture against
women is extremely severe and worrying. All types of rights of women are being violated on
every level of society from homes to jobs to outside environment. Cases of harassments, abuse of
all types are on the high. Protests such as aurat march and social media awareness campaign are
evidence that the situation is now an issue which is so common yet also unattended by relevant
parties that strikes etc are needed to catch the eye of the guardians of law and order of the
country.
The government is obligated to take appropriate action in looking into and prosecuting cases of
violence against women in order to fulfil its obligation to provide an effective remedy. In
accordance with its legal responsibilities under CEDAW, the Pakistani government must
establish a reliable mechanism for gathering evidence to aid in the appropriate investigation and
prosecution of incidents of discrimination and violence against women. In order to further the
prosecution of violence against women without prejudice to the accused, the state must guarantee
that the police, prosecutors, and judges are thoroughly trained and equipped to evaluate and
apply evidence.

13