What is OP-CEDAW?
Text of OP-CEDAW
Signatories and States Parties
Becoming a States Party
Administration
Communications Procedure
Inquiry Procedure
Practical Application

Applying CEDAW Principles

 

Discrimination & equality

 

Direct & indirect discrimination

 

De jure & de facto discrimination

 

Past & present discrimination

 

Crosscutting discrimination

 

Permitted distinctions

 

Intersectional or Contextualised Approach to Discrimination

State obligations

Applying CEDAW Provisions

Choosing a Procedure

Assessing Risks and Opportunities

Case Studies

OP-CEDAW Remedies
Relevant Case Law
"Our Rights are Not Optional"
FAQs

 

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De jure and De facto Discrimination

Discrimination can stem from both law (de jure) or from practice (de facto). The CEDAW Convention recognises and addresses both forms of discrimination, whether contained in laws, policies, procedures or practice.

  • De jure discrimination
    E.g. In some countries, the law states that women (citizens) who marry foreign men lose their citizenship and/or property rights. On the other hand, men (citizens) married to foreigners do not lose their citizenship and/or property rights.
  • De facto discrimination
    E.g. The practice of many immigration officials in various countries is to find a woman traveling alone with her minor children "suspicious" while men traveling with their children are seldom questioned.

This page was last updated on November 1, 2003

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