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The
CEDAW Principles
The
principles of substantive equality, non-discrimination and State
obligation as prescribed by the CEDAW Convention
The Convention
on the Elimination of all Forms of Discrimination against Women
(the CEDAW Convention) is an international treaty with 185 States
parties members. It is a comprehensive bill of rights for women
and combines concerns that had been hitherto addressed in an ad-hoc
manner through the United Nations system. The CEDAW Convention is
monitored by the CEDAW Committee which operates out of the UN in
New York. States parties to this convention are obligated to report
to the CEDAW Committee one year after ratification, and thereafter
every four years.
The broad structure
of the CEDAW Convention is as follows: Articles 1 provides a definition
of discrimination and forms a fundamental basis for eliminating
discrimination. Articles 2-4 outline the nature of State obligation
in the form of law policy and programmes that the State needs to
undertake in order to eliminate discrimination. Articles 5-16 specify
the different areas under which States are obligated to eliminate
discrimination through measures described in articles 1-4. These
include sex roles and stereotyping and customary practices detrimental
to women (article 5), prostitution (article 6), political and public
life (article 7), participation at the international level (article
8), nationality (article 9), education (article 10), employment
(article 11), health care and family planning (article 12), economic
and social benefits (article 13), rural women (article 14), equality
before the law (article 15), marriage and family relationship (article
16). Articles 17-22 detail the establishment and functions of the
CEDAW Committee and articles 23-30 deal largely with the administration
and other procedural aspects of the convention.
While the CEDAW
Convention does not detail exhaustively the specific types of discrimination
that women may face in different cultures, it provides a framework
within which a range of issues may be addressed, based on its core
understanding of non-discrimination and equality. The convention
is being continually updated to include new insights and new issues
that are brought to the CEDAW Committee's attention, through the
formulation of General Recommendations by the committee.
The substance
of the CEDAW Convention is based on three core interrelated principles:
- Principle
of equality
- Principle
of non-discrimination
- Principle
of State obligation
It is essential
to have clarity on these principles if we are to use the CEDAW Convention
as a tool to promote the advancement of women. These principles
provide the framework for formulating strategies to advance the
human rights of women and will give meaning to the articles of the
convention. In fact, it might prove to be counterproductive to try
and promote individual articles of the CEDAW Convention if they
are not premised on an understanding of equality and non-discrimination
as they are conceptualised in the treaty.
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This
page was last updated on August 19, 2006
“IWRAW
Asia Pacific is an independent, non-profit, NGO in Special consultative
status with the Economic and Social Council of the United Nations.”
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