UN-HABITAT


UN-HABITAT's Gender Policy

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Foreword
Introduction
Goal & Objectives
Mainstreaming Approach
Roles & Responsibilities
Appendix 1  2  3  4
 
  

Appendix 2: CEDAW -- a Brief Overview

In 1946, a Sub-Commission on the Status of Women was appointed as a subsidiary body to the UN Commission on Human Rights, to support the Commission members on issues regarding women's rights. The Sub-Commission later on became a Commission in its own right through the Commission on the Status of Women (CSW) which was further strengthened through the adoption of CEDAW, the Convention on the Elimination of all forms of Discrimination Against Women in 1979. While its predecessor, the Convention on Political Rights of Women, from 1952, dealt specifically with women's political rights to participate in election and to vote, CEDAW had a more broad ranged approach to women's rights. It took thirteen years to adopt the Convention from its first draft in 1966 up to the adoption in 1979. Today, 168 Member States have ratified the text.

CEDAW emerged as the comprehensive treaty on women's rights. The process of compiling an overall treaty was facilitated by the first global conference on women, the 1975 International Women's Year Conference in Mexico City, and was by this occasion elevated to one of the priority areas on the UN agenda. The following decade, from 1975 to 1985, was labeled the Women's Decade by the UN. The initial Conference in Mexico 1975 was followed by three others, Copenhagen 1980, Nairobi 1985, and Beijing 1995.

CEDAW comprises 16 substantive Articles :

Article 1 Definition of the term "discrimination against women."
Article 2 State parties condemn discrimination against women in all its forms.
Article 3 (State parties) To take all appropriate measures to ensure the full development and advancement of women in all fields, including legislation.
Article 4 To adopt temporary measures aimed at accelerating the de facto equality between women and men.
Article 5 To take measures to modify social and cultural conduct that discriminates women, and enforces stereotypes.
Article 6 To take all measures, including legislative, to suppress all traffic in women.
Article 7 To take all appropriate measures to eliminate discrimination in political and public life.
Article 8 To take appropriate measures to ensure that women on equal term with men have the opportunity to represent their Government at the international level.
Article 9 To grant women equal rights with men to acquire, change or retain their nationality.
Article10 To ensure women the equal right to education.
Article11 To take appropriate measures to eliminate discrimination against women in the field of employment.
Article12 To take all appropriate measures to eliminate discrimination in the field of health care, including those related to family planning.
Article 13 To take appropriate measures to eliminate all discrimination against women in areas of economic and social life.
Article14 To take into account the particular problems faced by rural women.
Article15 State parties shall accord to women equality with men before the law.
Article16 To take appropriate measures to eliminate discrimination against women in all matters relating to marriage and family, including the right to own and acquire property.

Several countries reserved themselves to text in the final Convention, as governments could reserve their right not to apply a specific part of the treaty by submitting a reservation. Much controversy has been created regarding the CEDAW because reservations in many cases appear contrary to its very aim.

CEDAW, like other legally binding conventions, lays down state obligations for the implementation of rights and freedoms safeguarded in the Convention. These are necessarily worded in abstract terms so as to provide a general framework to be applied worldwide and adapted to changing circumstances. (Sida, 1999)

CEDAW lays down three levels of obligations to be met by the ratifying States: 1) Formal recognition that all human rights and fundamental freedoms apply equally to women and men, 2) Prohibition of discrimination in the enjoyment of those formally guaranteed rights and creation of equal opportunities for women to exercise all rights and freedoms, and 3) Identification and elimination of gender specific obstacles to the equal enjoyment of rights and freedoms. This requires that legal as well as other forms of obstacles is identified, such as cultural and social attitudes that discriminate against women and should subsequently be changed. (See box 1)

The Convention recognizes 2 layers of discrimination against women:

  1. De Jure Discrimination:
    Examples of discrimination: Electoral rights only for men, inheritance rights only for sons.
    Measures for its elimination: Constitutional amendments and legal reforms.

  2. De Facto Discrimination:
    Examples of discrimination: Unequal political representation, sexual harassment, unequal workload and responsibilities.
    Measures for its elimination: Change of attitudes, awareness raising, questioning and revalue of norms.


The implementation of the CEDAW is monitored and reviewed by the so-called CEDAW Committee, which was established in 1982. The committee is enlarged with the number of countries that becomes a party to CEDAW. The actual members of the committee today are 23 delegates that hold annual sessions. Members of the committee serve as independent experts, but are elected at meetings of all states that are a party to CEDAW. The Committee gives general recommendations to States on the implementation of CEDAW and monitor that these are followed in each and every country party to the Convention. Recommendations do not constitute law, and therefore do not amount to obligations that States ought to follow, but should rather be seen as contributions made by the Committee on guidance in translating CEDAW into domestic law and practice.

The Convention is linked to reporting requirements for states party to CEDAW, the reports should be submitted every fourth year. The guidelines for the preparation of reports are constantly revised by the Committee members to adjust to the changing climate of the world. These reports are submitted to the Committee which reviews them and then holds so called "constructive dialogues" with representatives from the respective governments and other relevant invited bodies. Quite often these dialogues relate to issues which have not been addressed in the report, but does also venture into examining laws and policies adopted by the State bodies. To support these dialogues NGO's from the respective countries can submit so called "shadow report" with alternative sources of data and information for the CEDAW Committee members to use during the follow-up dialogues with the country representatives.

In October of 1999, the General Assembly adopted a 21-article Optional Protocol to CEDAW. The Optional Protocol entered into force in December 2000, following the ratification of the Tenth State party. Today, 68 States have ratified the Optional Protocol and by doing so are obliged to follow its procedural requirements. By ratifying the Optional Protocol to CEDAW, States recognise the CSW to receive and consider complaints from groups, as well as individuals, within its jurisdiction. The Optional Protocol offers a new opportunity for women, as individuals or groups, to confidentially or officially, complain on discriminatory treatment and/or unjust procedures against them by States.

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