CONVENTION ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW)
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), adopted on December 18, 1979 by the UN General Assembly. It entered into force as
an international treaty on 3 September 1981 after the twentieth country had ratified it. By the
tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be
bound by its provisions.
It is often described as an international bill of rights for women. Consisting of a
preamble and 30 articles, it defines what constitutes discrimination against women and sets up
an agenda for national action to end such discrimination.
The Convention defines discrimination against women as "...any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis
of equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field." (Article I, CEDAW)
The aim of this convention is to guarantee equal rights of men and women. This is in
furtherance of the declaration in the Universal Declaration of Human Rights (UDHR) that
everyone is entitled to the rights and freedoms without distinction of any kind, including that
based on sex, noting that in “situations of poverty, women have the least access to food,
health, education, training, and opportunities for employment and other needs” and cognizant
that “a change in the traditional role of men as well as the role of women in society and in the
family is needed to achieve full equality between men and women.”
In its approach, the Convention covers three dimensions of the situation of women. Civil
rights and the legal status of women are dealt with in great detail. In addition, and unlike other
human rights treaties, the Convention is also concerned with the dimension of human
reproduction as well as with the impact of cultural factors on gender relations.
By accepting the Convention, States commit themselves to undertake a series of
measures to end discrimination against women in all forms, including:
A. to incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women;
B. to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
C. to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.
Countries that have ratified or acceded to the Convention are legally bound to put its
provisions into practice. They are also committed to submit national reports, at least every four
years, on measures they have taken to comply with their treaty obligations.
OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
The Protocol was adopted by the United Nations General Assembly on 6 October 1999,
and in force from 22 December 2000. As of September 2017, the Protocol has 80 signatories
and 109 parties.
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women (OP-CEDAW) is an international treaty which establishes
complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). Parties to the Protocol allow the Committee on the
Elimination of Discrimination against Women to hear complaints from individuals or inquire
into "grave or systematic violations" of the Convention.
In 1979, the United Nations General Assembly adopted the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW). The Convention outlawed
discrimination against women, but did not include any mechanism by which this prohibition
could be legally enforced.
The Optional Protocol is a subsidiary agreement to the Convention. It does not establish
any new rights, but rather allows the rights guaranteed in the Convention to be enforced.
Articles 1–7 create an individual complaints mechanism. Parties agree to recognize the
competence of the Committee on the Elimination of Discrimination against Women to consider
complaints "by or on behalf of" individuals or groups who claim their rights under the
Convention have been violated. If a complaint is submitted on behalf of a victim, then this
requires their consent, unless the submitter can justify acting without it. The ability for
complaints to be submitted on behalf of victims is seen as vital in allowing NGOs such as
women's organizations and human rights groups to use the Protocol to enforce the Convention.
Complainants must have exhausted all domestic remedies, and anonymous complaints
and complaints referring to events which occurred before the country concerned joined the
Optional Protocol are not permitted. The Committee can request information from and make
recommendations to a party, though these are not binding.
Articles 8–10 create an inquiry mechanism. Parties may permit the Committee to
investigate, report on and make recommendations on "grave or systematic violations" of the
Convention.
YOGYAKARTA PRINCIPLE
The Yogyakarta Principles is a document about human rights in the areas of sexual
orientation and gender identity, published as the outcome of an international meeting of
human rights groups in Yogyakarta, Indonesia, in November 2006. The Principles were
supplemented in 2017 called Yogyakarta Principle plus 10 or YP+10), expanding to include new
grounds of gender expression and sex characteristics, and a number of new principles.
The Principles and the supplement contains a set of precepts intended to apply the
standards of international human rights law to address the abuse of human rights of lesbian,
gay, bisexual, transgender (LGBT) and intersex people.
The compilers explain that the Principles detail how international human rights law can
be applied to sexual orientation and gender identity issues, in a way that affirms international
law and to which all states can be bound. They maintain that wherever people are recognized
as being born free and equal in dignity and rights, this should include LGBT people. They argue
that human rights standards can be interpreted in terms of sexual orientation and gender
identity when they touch on issues of torture and violence, extrajudicial execution, access to
justice, privacy, freedom from discrimination, freedom of expression and assembly, access to
employment, health-care, education, and immigration and refugee issues.
