Scribd
Upload
23 views

CEDAW

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) provides a broad definition of gender discrimination and expands protections for women beyond domestic laws. It guarantees women's rights in areas like government, education, employment, healthcare, and social and economic life. An Optional Protocol was added in 1999 to allow individuals to petition the CEDAW Committee regarding state violations and gives the Committee power to investigate grave violations. However, states can opt out of the inquiry procedure. CEDAW aims to eliminate traditional gender roles and stereotypes through a framework of substantive equality, but critics argue it lacks enforcement mechanisms and states' numerous reservations weaken its ability to achieve non-discrimination and equality for women.

Uploaded by

Anannya Varghese
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
23 views

CEDAW

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) provides a broad definition of gender discrimination and expands protections for women beyond domestic laws. It guarantees women's rights in areas like government, education, employment, healthcare, and social and economic life. An Optional Protocol was added in 1999 to allow individuals to petition the CEDAW Committee regarding state violations and gives the Committee power to investigate grave violations. However, states can opt out of the inquiry procedure. CEDAW aims to eliminate traditional gender roles and stereotypes through a framework of substantive equality, but critics argue it lacks enforcement mechanisms and states' numerous reservations weaken its ability to achieve non-discrimination and equality for women.

Uploaded by

Anannya Varghese
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

The Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW, 1979)

CEDAW provides a broad definition of discrimination against women, illustrating the point
made that international law often provides broader protections than domestic law. CEDAW
expands the notion of equality for women beyond that currently embraced by most national laws.
Under CEDAW, the term ‘discrimination against women’ shall mean 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 treaty provides for women’s rights in
various arenas such as government and political life, education, employment health care, and
other areas of social and economic life. It also provides for special protections for women such
as “temporary special measures” to advance women and to protect maternity. At present, there
are 186 member states and 98 signatories of CEDAW. Like all specialist treaties, the CEDAW is
monitored by an expert committee namely Committee on the Elimination of All Forms of
Discrimination against Women (hereinafter, the ‘Committee’.)
However, the main aim of CEDAW, i.e., revamping the weak mechanism for protection of
human rights of womankind would have been hard to achieve without the elaboration of the
Optional Protocol to the Convention. The shortcomings of CEDAW could only be rectified
through the adoption of this Optional Protocol. Since 1997, the Committee has met twice a year
(for a total of four weeks). An Optional Protocol was drafted in 1999 to provide a complaint
process for individuals to petition the Committee regarding violations by states parties. The
Optional Protocol entered into force in December of 2000. The Optional Protocol also gives the
Committee the power to examine grave or systematic violations by a state party, including a visit
to the state. However, the Committee must ‘invite’ the cooperation of the state with the inquiry
and the state party must consent to any visit. The inquiry must also be conducted confidentially.
Although no reservations are allowed to the Optional Protocol, states can opt out of this inquiry
procedure. Currently it has 79 signatories and 98 parties.
Here are a few reasons why CEDAW Is important:
It provides a complete definition of sex-based discrimination, described as any exclusion,
restriction or distinction on the grounds of sex, which intentionally or unintentionally impairs or
nullifies the recognition, enjoyment and exercise of women’s social, cultural, political and
economic rights.
CEDAW recognises the root causes of discrimination, including within culture. CEDAW
recognises that traditional gender roles and stereotypes have to be eliminated if we are to be
successful in ending all forms of discrimination against women and girls.
The view of equality in CEDAW is based on the principle of ‘substantive equality’ between men
and women. This principle acknowledges that equality of opportunity and equal treatment is not
enough to redress women’s inequality. In fact, it recognises that equal opportunity initiatives can
actually have a negative impact on women if women spend time and energy to take advantage of
these initiatives but see no result. Substantive equality means looking at women’s lives and the
condition of their lives as a measure of whether equality has been achieved.
CEDAW holds its States parties – which includes the UK Government – to account to respect,
protect and fulfil women’s human rights. It does this by investigating and making
Conclusion
Both the weak enforcement mechanisms and the general acceptance of the numerous
reservations to the fundamental obligations of the CEDAW indicate the larger lack of
commitment to the basic norms and values that inform the international women’s rights regime.
Some have criticized the Convention as acting only as a symbolic commitment to these norms
and values. Whether or not one accepts these critiques, it is undeniable that the challenges to
achieving the Convention’s goal of equality and non-discrimination go beyond the limited
effectiveness of its original procedures even if these procedures were to work perfectly. Even if it
is agreed that the principles and values that inform the Convention are fundamentally sound,
something more is clearly needed to link these principles with the elimination of the concrete
forms of discrimination still faced by women. Promoting these principles in various real-life
contexts will be crucial to the Convention’s long-term ability to improve the status of women in
society.

You might also like