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Special
features of the CEDAW Convention
- The CEDAW
Convention is a comprehensive bill of rights for women. It has
integrated various concerns hitherto expressed in an ad-hoc manner.
- It is based
on a principle of equality between men and women. Hence it extends
the coverage of human rights to women.
- It recognises
that the inequality of women is socially constructed and hence
establishes that there is discrimination against women. It provides
a broad definition of discrimination (article 1), which includes
overt and indirect discrimination or any act which has the effect
of discriminating against women.
- It demands
that rights for women must be granted through the legislative
process. This means that there is an avenue for drawing accountability
for the guarantee of these rights (article 2, 3 and 4). Such legislative
measures include:
- incorporating
the principle of equality of men and women in their legal
system, abolishing all discriminatory laws and adopting appropriate
ones prohibiting discrimination against women;
- establishing
tribunals and other public institutions to ensure the effective
protection of women against discrimination; and
- ensuring
the elimination of all acts of discrimination against women
by persons, organisations or enterprises.
- It recognises
that despite legal rights being granted to women in many countries,
discrimination persists, and women's access to legal rights are
curtailed by denial of women's rights to economic and social development.
Hence it bridges the traditional divisions between civil and political
and socio-economic rights and it mandates both legal and development
policy measures to guarantee the rights of women.
- It addresses
the need to tackle power relations between women and men at all
levels, from family, to community, market and State.
- It discards
the distinction between the private and the public spheres, by
recognising violations of women in the private sphere i.e. the
home, as violations of women's human rights (article 16).
- It also recognises
the negative impact of social, customary and cultural practices
which are based on the idea of the "inferiority or the superiority"
of either sex or on stereotyped roles for women and men (article
5). Articles 1 and 5 give the CEDAW Convention the widest applicability,
as together they can be interpreted to refer to almost any situation
that adversely affects women.
- It draws
a distinction between de jure and de facto rights, and emphasises
that there must be the practical realisation of rights (article
2 a).
- It carries
with it the principle of State obligation. Under the CEDAW Convention
the dynamics of relationship between the State and women is no
longer one where women are dependent on the good will or vagaries
of the State, but one whereby the State has responsibilities to
women from which it cannot withdraw. Theoretically, implementation
of this treaty is binding on all States parties. Therefore, any
States party must not commit any act of discrimination against
women. At the same time, it obligated under the convention, to
regulate the actions of private organisations, enterprises and
individuals. Finally, there is a monitoring mechanism where all
States parties have to submit periodic reports to the CEDAW Committee.
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This
page was last updated on July 25, 2003
“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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