What is OP-CEDAW?
Text of OP-CEDAW

Signatories and States Parties
Becoming a States Party

The "Opt-Out" Clause

Examples of Ratification Processes

Benefits

Entering into force

Government concerns

Role of MPs

Tips for NGOs

Administration
Communications Procedure
Inquiry Procedure
Practical Application
OP-CEDAW Remedies
Relevant Case Law
"Our Rights are Not Optional"
FAQs

 

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What You Can Do If You Are A Parliamentarian

As legislators, overseers of government action, political leaders and representatives of the people, parliamentarians have a role to play to ensure ratification or accession of the Optional Protocol to the CEDAW Convention (OP-CEDAW).

1. Ratification of the OP-CEDAW

If your State has not yet taken any steps to ratify or accede to the OP-CEDAW, even though it may have signed it, you can consider:

  • Determining whether the government intends to initiate action to become party to this treaty, and, if not, to inquire as to why;
  • Taking action, including in the form of an oral or a written question, to ascertain whether the government has already initiated action with a view to ratification or accession, or is intending to do so;
  • Submitting a private member's bill on the matter;
  • Encouraging a parliamentary debate on the OP-CEDAW; and
  • Mobilising public opinion.

2. The "Opt-Out" Clause

As previously indicated, according to article 17 of the OP-CEDAW, no reservations can be entered. However, this protocol entitles States parties to "opt-out" (article 10) of the Inquiry Procedure on ratification or accession.

Pre-ratification: If your government has sent your Parliament a request for ratification or accession of the OP-CEDAW subject to a declaration to "opt-out" of the Inquiry Procedure, you can:

  • Request for detailed information on the reasons;
  • Initiate a parliamentary debate on the question;
  • Mobilise public opinion to encourage your government to reconsider;
  • Propose ratification or accession without "opting-out" of the procedure.

Post ratification: If your State "opted-out" of the Inquiry Procedure at the time of ratifying or acceding to the OP-CEDAW, you can:

  • Inquire about the continued validity of this position;
  • Use parliamentary procedures to challenge it;
  • Use parliamentary procedures to encourage the government to reconsider its position.

3. Public awareness about the OP-CEDAW

Public awareness about the OP-CEDAW is crucial to secure full implementation of the CEDAW Convention. As a parliamentarian you should ensure that information on the OP-CEDAW is widely publicised by:

  • Ensuring that the text of the OP-CEDAW is translated into national language(s) and widely distributed;
  • Encouraging parliamentary debate on the matter;
  • Organising campaigns to mobilise public opinion on the OP-CEDAW or taking part in public debates about this treaty, on television, radio or in meetings;
  • Writing articles for newspapers, magazines and other print media on the OP-CEDAW;
  • Liaising with NGOs working on human rights, particularly women's rights;
  • Organising/contributing to workshops or information seminars on the OP-CEDAW for MPs, members of government and civil society;
  • Using International Women's Day, 8 March, to focus attention on the CEDAW Convention and the OP-CEDAW.



    Source: Confronting Discrimination: The Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol. A Handbook for Parliamentarians (UN, 2003) pp 84-85.



This page was last updated on November 1, 2003

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