HUMAN RIGHTS 1

WEEK 6

SR. REGINA IGNATIA AFLAH

23/ 06 / 2023
INTERNATIONAL CONVENTION
ON THE ELIMINATION OF ALL
FORMS OF RACIAL
DISCRIMINATION
 THE ICERD
• A cardinal principle of all human rights
instruments is nondiscrimination, including
non-discrimination on grounds of race.
• Let us look at the International Convention on
the Elimination of All Forms of Racial
Discrimination (ICERD).
• We start by looking at the history of the
ICERD. Why was a particular Convention to
combat racial discrimination necessary?
 THE ICERD
• The rights of women and children have
traditionally been regarded as being in the
‘private’ domain, precluding state
interference. This is not peculiar to the
international stage but reflects the stance
adopted within the municipal law of many
individual states – as evidenced, for example,
by the reluctance of states to intervene in
issues of domestic violence.
 THE ICERD
• A Commission on the Status of Women was
established in 1946 as part of the post-war
push for international human rights.
• The Commission was responsible for
elaborating on a number of instruments
designed to afford protection to women.
These included:
– the Convention on the Political Rights of
Women, adopted by the General Assembly
on 20 December 1952
 THE ICERD
– the Convention on the Nationality of
Married Women, adopted by the Assembly
on 29 January 1957.
– the Convention on Consent to Marriage,
Minimum Age for Marriage and Registration
of Marriages, adopted on 7 November 1962
– the Recommendation on Consent to
Marriage, Minimum Age for Marriage and
Registration of Marriages, adopted on 1
November 1965.
 THE ICERD
• These efforts were laudable but ad hoc; they
did not provide a general expression of, or
protection for, women’s rights.
• Of course women came within the ambit of the
protection afforded by the general
international instruments, the ICCPR and the
ICESCR, but increasingly there was a feeling
that this protection was insufficient.
 CONVENTION ON THE
ELIMINATION OF ALL FORMS
OF DISCRIMINATION AGAINST
WOMEN (CEDAW)
 THE CEDAW
• The goal of the CEDAW is to eliminate adverse
discriminatory treatment of women.
Discrimination is defined in Article 1 as:
– ……..any distinction, exclusion or restriction made
on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition,
enjoyment or exercise by women irrespective of
their marital status, on a basis of equality of men
and women, of human rights and fundamental
freedoms in the political, economic, social, cultural,
civil or any other field.
 THE CEDAW
• This definition resonates with that contained in
the Convention on the Elimination of All Forms of
Racial Discrimination, but differs from it in that it
makes no reference to ‘preference’.
• The obligations incumbent on states parties, both
positive and negative, are set out in Article 2,
where states parties are required not only to
‘condemn discrimination against women in all its
forms’ but also to ‘pursue by all appropriate
means and without delay a policy of eliminating
discrimination against women’.
 THE CEDAW
• This is to be achieved by following the obligations
set out in Articles 2(a)–(g). Article 2(a) requires
states parties to embody the principle of the
equality of men and women through
constitutional and appropriate legislation, and to
ensure, by way of the law and other appropriate
means, practical realisation of this principle.
• Article 2(b) requires states, by way of legislation
and other measures, including sanctions where
appropriate, to prohibit discrimination against
women.
 THE CEDAW
• Article 2(c) calls on state parties to provide
legal protection for women on an equal basis
with men and to provide as appropriate the
necessary mechanisms for obtaining redress.
• Further obligations are spelled out in Articles
2(d)–(g).
• The recurring characteristic of each paragraph
of Article 2 is to prevent discrimination against
women by the removal of discriminatory laws,
regulations, customs and practices.
 THE CEDAW
• Article 2 should be read in conjunction with Article
24:
– State Parties undertake to adopt all necessary
measures at the national level aimed at achieving
the full realisation of the rights recognised in the
present Convention.
• Article 24 is a general statement of what is required
from states parties, whereas Article 2 goes to the core
of dismantling discrimination against women as it is
concerned with both de facto and de jure
equality.
 THE CEDAW
• However, it omits a defined timeframe for
implementation. Notwithstanding this deficiency,
Article 2 has contributed to raising awareness as to
the discrimination which women may encounter.
• Arguably, it has also contributed to developing a
culture of nondiscrimination and gender equality.
 THE CEDAW
• Article 3 spells out more general obligations
and requires states to take:
– …in particular in the political, social,
economic and cultural fields, all appropriate
measures, including legislation, to ensure
the full development and advancement of
women, for the purpose of guaranteeing
them the exercise and enjoyment of human
rights and fundamental freedoms on a basis
of equality with men.
 THE CEDAW
• The CEDAW represents the first attempt to
afford comprehensive protection to women in
the areas in which it is acknowledged that they
experience discrimination. Moreover, the
CEDAW covers a wide spectrum of rights and
endeavours to remove discrimination in the
enjoyment of civil and political, economic,
social and cultural rights.
 THE CEDAW
• However, as already indicated, states parties
have discretion as to when their obligations
will be fulfilled, there being no prescribed
timeframe for the realisation of these
obligations. This has posed certain problems
for the work of the Committee on the CEDAW,
which we now consider.
COMMITTEE ON (CEDAW)
 THE CEDAW
• Pursuant to Article 17 of the CEDAW,
Committee was established in 1982 to monitor
observance of the Convention.
• The primary task of the Committee is to
consider the reports received from states
parties detailing ‘the legislative, judicial,
administrative or other measures’ adopted by
them so as to give effect to the provisions of
the CEDAW (Article 18).
 THE CEDAW
• States must also detail the progress that has been
made in implementing the CEDAW and may
highlight factors and difficulties encountered in
realising the goals of the CEDAW. The submission
of reports is mandatory for states parties.
• The Committee is comprised of 23 experts,
nominated and elected by the states parties, but
all serving in their individual capacity. Committee
members are elected for a period of four years
and save for very few exceptions have been
women, with diverse backgrounds and
experience.
 OPTIONAL PROTOCOL
• On 6 October 1999 an Optional Protocol to the
CEDAW was adopted whereby the Committee
is competent to receive communications from
individuals or groups of individuals.
• The Optional Protocol sets out the procedure
for the submission of complaints alleging a
violation of the CEDAW.
 OPTIONAL PROTOCOL
• The Committee handed down its first view in July
2004. These communications have provided the
Committee with the opportunity to elaborate on the
provisions of the CEDAW and on the obligations
incumbent on states parties.
• One such example is that of Ms AT v Hungary 2003
Communication No. 2/2003, in which the Committee
expressed the view that contracting parties are
required to act with due diligence to prevent
violations of rights or to investigate and punish acts of
violence. This may, in the Committee’s view, extend to
acts perpetrated by non-state actors.
 INQUIRY PROCEDURE
• The CEDAW’s Optional Protocol also provides
for an inquiry to be undertaken in respect of a
state party. The procedure as set out is
modelled on that contained in Article 20 of the
International Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment
or Punishment.
• Under Article 8 of the Optional Protocol, the
Committee can initiate an inquiry into ‘serious
and systematic’ violations of the CEDAW.
 INQUIRY PROCEDURE
• Inquiries can be undertaken only in respect of those
states that have recognized the inquiry competence
of the Committee.
• However, it should be noted that in accordance with
Article 10, states parties are presumed to have
recognised the competence of the Committee to
initiate such inquiries unless they have made a
specific declaration to the contrary.
• In the event of an Article 8 investigation, the
Committee may, with the consent of the host state,
visit the territory of the state in question.
 INQUIRY PROCEDURE
• The findings, comments or recommendations
emanating from the inquiry are transmitted to the
relevant state which then has six months in which
to respond and submit its own observations on
the findings.
• At this juncture the state can advise the
Committee of any measures it has adopted
subsequent to the inquiry. If the state concerned
consents, the results of the proceedings may be
published as a summary report in the Committee’s
annual report.
UN COMMISSION ON THE
STATUS OF WOMEN
UN COMMISSION ON THE STATUS OF
WOMEN
• The UN Commission on the Status of Women (CSW)
was set up by the ECOSOC in 1946. The purpose of
the Commission was, and remains, to promote the
rights of women in all fields of human activity so as:
– …to elevate the equal rights and human rights
status of women, irrespective of nationality, race,
language, or religion, in order to achieve equality
with men in all fields of human enterprise and to
eliminate all discrimination against women in
statutory law, legal maxims or rules, or
interpretations of customary law.
UN COMMISSION ON THE STATUS OF
WOMEN
• The Commission is not a treaty-based body, but
merits mention here because it drafted the
CEDAW.
• The Commission is an intergovernmental body
with a membership of 45 individuals representing
an equitable geographical distribution. Members
are elected for a four-year term, and the
Commission meets once a year for a period of 10
working days.
• The Commission prepares recommendations for
the UN and monitors the situation of women.
BEIJING DECLARATION AND
PLATFORM FOR ACTION
 BEIJING DECLARATION…
• In September 1995 the UN held the 4th World
Conference on Women in Beijing. The
conference was attended by representatives of
189 governments, while thousands of activists
from NGOs participated in a parallel forum.
• The outcome was the Beijing Declaration and
Platform for Action, a framework for the
implementation of women’s human rights and
empowerment.
 BEIJING DECLARATION…
• The Platform highlighted 12 areas of critical concern,
with corresponding commitments for states:
– Women and Poverty
– Education and Training of Women
– Women and Health
– Violence against Women
– Women and Armed Conflict
– Women and the Economy
– Women in Power and Decision-making
 BEIJING DECLARATION…
– Institutional Mechanism for the Advancement of
Women
– Human Rights of Women
– Women and the Media
– Women and the Environment
– The Girl-child.
• Every five years the CSW has delivered a review of the
Beijing Platform for Action to the ECOSOC. The most
significant review was in March 2010, 15 years after
the Platform’s adoption by the General Assembly.
 BEIJING DECLARATION…
– Institutional Mechanism for the Advancement of
Women
– Human Rights of Women
– Women and the Media
– Women and the Environment
– The Girl-child.
• Every five years the CSW has delivered a review of the
Beijing Platform for Action to the ECOSOC. The most
significant review was in March 2010, 15 years after
the Platform’s adoption by the General Assembly.
 NEXT WEEK

THE UN HUMAN RIGHTS ORGANISATION

ARCHITECTURE
THANK YOU!!
regina@mountcrestuniversity.edu.gh

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