FOURAH BAY COLLEGE

UNIVERSITY OF SIERRA LEONE

DEPARTMENT: INGRADOC
LEVEL: DIPLOMA ONE
MODULE NAME: Gender and Justice
MODULE CODE: DGEN 121
TASK: PRESENTATION

TOPIC: Convention on the Elimination of all

forms of Discrimination Against Women
(CEDAW)

GROUP NUMBER: FIVE (5)

LECTURER: MR. MUSA

 GROUP MEMBERS
Isha S. Mansaray 10095 (Group Leader)

Michaella A. Conteh (Assistance Group Leader)

Hassan Bah

Adama S. Jalloh

Fatmata Bangura 10049

Umunatu Daboh 10298

Abdul Razack Sankoh 10241

Hawanatu Fornah

Abdulai Kuyateh 10065

Fatmata Binta Jalloh 10200

Mary Bilkisu Tholley

Angel Esther Mina Bangura

Musu Massaqoui

Mariatu Mohamed Bangura

Sallay Wurie Jalloh

Abubakarr Kamara

Mohamed Lamin Bangura

Mohamed Samba Kamara

Rebecca B. Kargbo

Kadijatu Bah

Isatu Samura
 INTRODUCTION
The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) is the key international agreement on women's human rights.
The Convention was adopted by the United Nations in 1979.

What Is CEDAW?

CEDAW is an effort to eliminate discrimination against women by holding

countries responsible for discrimination that takes place in their territory. A
"convention" differs slightly from a treaty, but is also a written agreement among
international entities. CEDAW can be thought of as an international bill of rights
for women.

The Convention acknowledges that, persistent discrimination against women exists

and urges member states to take action. Provisions of CEDAW include:

 States Parties, or signers, of the Convention shall take all "appropriate

measures" to modify or abolish existing laws and practices that discriminate
against women.
 States Parties shall suppress trafficking of women, exploitation,
and prostitution.
 Women shall be able to vote in all elections on equal terms with men.
 Equal access to education, including in rural areas.
 Equal access to health care, financial transactions, and property rights.

History of Women's Rights in the UN That led To The Adoption of CEDAW

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.

Growing Women's Rights Awareness

During the 1960s, there was increased awareness around the world about the many
ways women were subjected to discrimination. In 1963, the U.N. asked the CSW
to prepare a declaration that would gather in one document all of the international
standards regarding equal rights between men and women.
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.

Adoption of CEDAW

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 Convention has since been ratified by more than 180 countries. The only
industrialized Western nation that has not ratified is the United States, which has
led observers to question the U.S. commitment to international human rights.

How CEDAW Has Helped Women's Rights

In theory, once States Parties ratify CEDAW, they enact legislation and other
measures to protect women's rights. Naturally, this is not foolproof, but the
Convention is a binding legal agreement that helps with accountability. The United
Nations Development Fund for Women (UNIFEM) cites many CEDAW success
stories, including:

In recent times, Sierra Leone have made advances to eradicate the practice of all
forms of discriminations against women. Chapter 3 of the 1991 Constitution of
Sierra Leone, commonly referred to as the ‘Bill of Rights’, states that the
Fundamental Human Rights and Freedoms of every individual in Sierra Leone
must be recognized and protected. Sec. 15 of the 1991 Constitution provides that
regardless of sex, every person in Sierra Leone has right to life, liberty, security of
person, the enjoyment of property, the protection of deprivation of property and the
protection of the law. Sec. 27 further states that “no law shall make any provision
which is discriminatory either in itself or its effect.” All of these provisions are
geared towards ensuring that every individual irrespective of race, sex, religion has
equal right of opportunities under the law. The Government has taken a step
further to produce a document on women’s rights which is CEDAW. In line with
this, women’s rights campaigners and other civil society and human rights activists
have been sensitizing the population about women’s rights.
  Austria implemented CEDAW committee recommendations about
protecting women from spousal violence.
 The High Court of Bangladesh prohibited sexual harassment, drawing on
CEDAW's employment equality statements.
 In Colombia, a court overturning a total ban on abortion cited CEDAW and
acknowledged reproductive rights as human rights.
 Kyrgyzstan and Tajikistan have revised land ownership processes to ensure
equal rights and meet the standards in the Convention.

THE THIRTY ARTICLES OF CEDAW

The articles

Article 1 - Definition of ‘discrimination against women’

Discrimination against women includes any distinction, exclusion or restriction

made on the basis of sex that has the effect or purpose of impairing or nullifying
women’s enjoyment of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field. This is irrespective of their
marital status, on a basis of equality of men and women.

Article 2 - Duty of States

States agree to pursue by all appropriate means a policy of eliminating

discrimination against women, undertaking to take concrete steps to eliminate
discriminatory laws, policies and practices in the national legal framework.

Article 3 - Equality

States shall take all appropriate measures to ensure the full development and
advancement of women so as to guarantee them the enjoyment of human rights and
fundamental freedoms on a basis of equality with men. This is in all fields but in
particular the political, social, economic and cultural fields.
Article 4 - Special measures

States are allowed to adopt temporary special measures to accelerate de facto

equality for women until the objectives of equality of opportunity and treatment
have been achieved. States are allowed to adopt special measures aimed at
protecting maternity.

Article 5 - Stereotyping and cultural prejudices

States shall take appropriate measures to eliminate stereotyping, prejudices and

discriminatory cultural practices. States shall also ensure that family education
includes a proper understanding of maternity as a social function and the
recognition of the roles of men and women in the upbringing of their children.

Article 6 - Trafficking and prostitution

States shall take all measures to stop all forms of trafficking and the exploitation of
prostitution of women.

Article 7 - Political and public life

States shall ensure that women have equal rights with men to vote, hold public
office and participate in civil society.

Article 8 - Participation at the international level

States shall ensure that women are allowed to represent their governments at the
international level and to participate in the work of international organisations.
Article 9 - Nationality

States shall grant women equal rights with men to acquire, change or retain their
nationality and also equal rights in respect of their children’s nationality.

Article 10 - Education

States shall ensure that women have equal rights with men in education, including
equal access to schools, vocational training, curricula and educational resources.
States shall eliminate stereotypes of the roles of women and men through revising
school materials and teaching methods.

Article 11 - Employment

States shall ensure that women the same opportunities as men in employment,
promotion, training, equal remuneration, social security and safe working
conditions. Women must also be protected in respect of pregnancy, maternity and
marital status.

Article 12 - Health

States shall ensure that women have equal rights with men to access to health care
services, including reproductive health services.

Article 13 - Economic and social benefits

States shall ensure that women have equal rights with men to family benefits, bank
loans and other forms of financial credit. Women must also be allowed to
participate equally in recreational activities, sports and all aspects of cultural life.

Article 14 - Rural women

States shall take all appropriate measures to eliminate discrimination against
women in rural areas so that they can participate in and benefit from health care,
education, social security, development planning etc equally with men.

Article 15 - Equality before the law

States shall ensure that women and men are treated equally before the law. Women
have the same legal right to enter contracts, own property and choose their place of
residence.

Article 16 - Marriage and family life

States shall ensure that women have equal rights with men in relation to marriage
and as parents, as well as in respect of other aspects of family life.

Articles 17 - 24

These articles describe the composition and procedures of the CEDAW

Committee, the relationship between CEDAW and national and international

legislation and the obligation of States to take all steps necessary to implement
CEDAW in full.

Articles 25 - 30 - Administration of CEDAW

These articles describe the general administrative procedures concerning

enforcement of CEDAW, ratification and entering reservations.
 CONCLUSION

Notwithstanding all these efforts made by UN to partially/completely get rid of discrimination

against women, there is a lot to be done to eradicate discrimination of women in our society.
This article first examines certain provisions in the laws of Sierra Leone that discriminate
against women. It discusses the discriminatory practices in the courts and looks at the role
the government has played to curb discrimination and concludes by giving
recommendations for reform. Discriminatory provisions in laws of Sierra Leone.

The legal system of Sierra Leone is made up of the Constitution, Common Law, statutory
law and unwritten Customary Law. Unfortunately in Sierra Leone, the laws proclaiming to
prohibit discrimination are now the main anchor used by people to discriminate against
women. It gives the rights with one hand and takes it with the other. Each right provision is
swamped by too many exceptions. Why these contrasting views, becomes a subject of
discussion. For instance Sec. 27(1) of the 1991 Constitution states that “no law shall make
any provision that is discriminatory in itself or its effect.” This is weakened by the exceptions
in Sec.27 (4) d & e, which states that “it shall not apply to any law that makes provision for
adoption, marriage, divorce, burial, devolution of property on death and customary law.” It is
not only ironic but equally inexcusable that all the laws which discriminate against women
are permitted to do so under the Constitution.

The Citizenship Act is discriminatory in both sex and race. Under the Citizenship Act 1973 ,
one can be a citizen by birth if his father or grandfather was born in Sierra Leone before 19
April 1961 or who resided in, Sierra Leone on 18 April 1971 and your mother must be a
citizen of Sierra Leone and not an alien before her child can become a citizen. Furthermore,
Sec.7 states that women who are not Sierra Leonean citizens but who marry a Sierra
Leonean man can apply to become Sierra Leonean citizens in the manner prescribed and
they will be granted a certificate of naturalization. Why is it that Sierra Leonean women are
not accorded similar rights? A foreign husband married to a Sierra Leonean woman cannot,
even by application, be accorded similar rights to citizenship as does the foreign wives of
Sierra Leonean husbands.

RECOMMENDATIONS
The UN should make sure that all its member states implements the convention they signed

The United Nation should make sure that they brought to book, defaulters of any of the thirty
articles of CEDAW

As violence against women is on the rise, the United Nation should also put more efforts in
increasing the rules that binds women rights
 REFERENCE

Wikipedia (the free encyclopedia)

Jeneba Kamara 2016