1)
The OP-CEDAW will help strengthen national level capacity to deal
with discrimination against women. The OP-CEDAW procedures are
available as a “last resort.” The communications and
inquiry procedures are only meant to be used when domestic protection
processes fail to address gaps in national laws and policies.
The recommendations of the CEDAW Committee are meant to add to
national level efforts to implement the CEDAW Convention effectively.
2) All Constitutions contain provisions on non-discrimination
and equality that should be interpreted in light of the CEDAW
Convention. Since constitutional provisions for equality and equal
protection are being implemented, governments should not fear
an “overflow” of complaints under the communications
procedure. Moreover, in most instances, national human rights
mechanisms are already mandated to address grave and systematic
violations of women’s human rights. For this reason, the
OP-CEDAW procedures should be seen as “back-up” measures
aiming to ensure the realisation of constitutional rights for
all women.
3) The OP-CEDAW is the first international gender-specific human
rights procedure available. Ratification will fulfil the international
commitment made during the Fourth World Conference on Women and
demonstrate the government’s dedication to the promotion
of women’s human rights.
4) The final text of the OP-CEDAW was adopted as the result of
political compromises. Governments already have had their objections
addressed during the drafting process and should be assured that
the text reflects their concerns. It should also be noted that
all member States of the United Nations adopted the final text
by consensus.
5) The OP-CEDAW gives the CEDAW Committee the opportunity to further
develop the normative content of all rights contained in the CEDAW
Convention. In addition, by reviewing specific situations under
the OP-CEDAW procedures, the CEDAW Committee will be in a position
to clarify the specific nature of the obligation. This will in
turn assist governments gain greater awareness of the nature of
their duties under the CEDAW Convention.
6) Recommendations by the CEDAW Committee are not legally enforceable.
The final views of the Committee will be issued and implemented
in light of the spirit of constructive dialogue among States Parties
to CEDAW and the CEDAW Committee. The OP-CEDAW procedures do not
undermine the principle of State sovereignty.
7) The OP-CEDAW ratification process provides an opportunity to
generate greater awareness of the CEDAW Convention at the national
level. In addition, governments should raise awareness on the
OP-CEDAW upon ratification/accession. These processes should contribute
to better implementation and greater ownership of the CEDAW Convention
by government officials and civil society.
8) Discussions on the ratification/accession of the OP-CEDAW will
provide an opportunity for government bodies to discuss the adequateness
of resources available for the promotion of women’s human
rights. It is also important to note that special attention should
be paid to financial and human resources available to ensure the
effective implementation of the CEDAW Committee. At another level,
financial contributions by governments to enhance the work of
the CEDAW Committee should also be considered.
9) By supporting the ratification of the OP-CEDAW and promoting
the implementation of the recommendations of the CEDAW Committee,
all government bodies will be expressing their commitment and
political will to promote women’s human rights.
10) Greater public awareness on the CEDAW Convention and the OP-CEDAW
resulting from the ratification/accession of the OP-CEDAW will
put women at ease. Women will be reassured that their government
is committed to realising women’s human rights and that
the provision of remedies and redress of violations experienced
by women is a priority.
11) The ratification of or accession to the OP-CEDAW is likely
to give momentum to debates on women’s access to justice.
These debates are likely to trigger changes in national laws,
policies and procedures.
