This article is written by Aparna Jayakumar, a law student at Guru Gobind Singh Indraprastha University. This article talks about all the aspects and spheres of the famous Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) of 1979.

Introduction

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, hereinafter) is an international convention that was adopted by the United Nations General Assembly on December 18, 1979. It is referred to as an “international bill of rights for women.” The convention is divided into six sections, with a total of 30 Articles. It was established on September 3, 1981, and has been ratified by 189 states. Over 50 nations have ratified the treaty subject to various declarations, reservations, and objections, including 38 countries that have rejected the application of Article 29, which addresses mechanisms of resolving disputes concerning the interpretation or implementation of the convention. 

The CEDAW follows the same format as the Convention on the Elimination of All Forms of Racial Discrimination. In terms of the scope of its substantive requirements as well as its internal monitoring measures. 

CEDAW had been approved by 189 nations as of 2016. The draft optional protocol incorporates the features of existing UN complaints procedures. It also incorporates some of the practices of other UN treaty bodies that have developed as their complaints procedures have been used.

The essential members or parties to the Convention are all UN members, with the exception of six member states, Iran, Palau, Somalia, Sudan, Tonga, and the United States, which have not ratified the convention. By signing the Convention, nations agree to adopt a number of steps to eliminate all forms of discrimination against women, including: 

1. 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;
2. to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and 
3. to ensure the elimination of all acts of discrimination against women by persons, organizations, or enterprises.

A brief history about the Convention

The United Nations Commission on the Status of Women (CSW) had previously worked on women’s political rights and the minimum marriage age. Despite the fact that the 1945 United Nations Charter promotes human rights for all people, some claim that earlier U.N. agreements on sex and gender equality were a fragmented strategy that failed to remove general discrimination against women.

Optional protocol 

Human rights treaties are frequently followed by “Optional Protocols” that either provide for treaty procedures or address a substantive issue connected to the treaty. These protocols are also regarded as crucial. Optional Protocols to human rights treaties are treaties in their own right that can be signed, acceded to, or ratified by nations who are parties to the treaty. The optional protocol to the “Convention on the Elimination of All Forms of Discrimination against Women” includes: 

Communications procedure 

Individuals and groups of women have the right to protest about violations of the Convention to the Committee on the Elimination of Discrimination against Women. This is known as the “communications procedure.” The United Nations communications processes grant the ability to petition or a complaint about infringement of human rights. The complaint must be in writing under all procedures.

Inquiry procedure 

It permits the committee to conduct investigations of grave or systemic Optional Protocol parties. This capability, known as an inquiry mechanism, is provided in Article 8 of the Optional Protocol.

An inquiry method and a complaints mechanism are included in the optional protocol. An inquiry procedure enables the committee to conduct investigations into significant and systematic violations of women’s human rights in countries that become the Optional Protocol States. It is based on Article 20 of the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The inquiry procedure:

1. Allows an international committee of experts to investigate serious violations of women’s human rights; Is beneficial when individual communications fail to convey the systemic character of widespread violations of women’s rights;
2. Allows for the investigation of widespread infractions in situations when individuals or groups may be unable to communicate (for practical reasons or because of fear of reprisals) 
3. Allows the committee to make recommendations on the structural reasons of violations; 
4. And enables the committee to address a wide range of concerns in a specific country.

Need for an optional protocol

1. To enhance and expand the current procedures for enforcing women’s human rights.
2. Strengthening states’ and individuals’ understanding of CEDAW.
3. To encourage states to take action to adopt CEDAW.
4. To encourage improvements in discriminatory laws and practices.
5. To improve existing channels for human rights implementation inside the UN system.
6. To raise public knowledge of human rights principles relating to gender discrimination.

Importance and need of the Convention

General importance 

CEDAW is frequently referred to as the “bill of rights for women.” Countries that have ratified the convention are expected to incorporate it into their national legislation and take the appropriate steps to guarantee that women and girls throughout the country have the chance to enjoy equality in their lives. Even though other international treaties focus on minimizing discrimination based on sex, as the International Covenant on Civil and Political Rights, the CEDAW is unique in that it gives special attention to women and has formed a set of guidelines on various aspects of women’s human rights that may contribute to discrimination in any form. 

CEDAW mandates all countries to eliminate/eradicate discrimination against women in all spheres. Gender stereotypes and established gender norms are some examples. Further, this agreement emphasizes establishing “substantive equality” by ensuring “equal opportunities, results, and access” for women and girls. The Convention lays the groundwork for achieving gender equality by assuring women’s equal access to and participation in political and public life, including the ability to vote and stand for election and education, health, and employment. State parties agree to take all necessary steps, including legislation and temporary special measures, to ensure that women have access to their full range of human rights and fundamental freedoms.

The Convention is the only human rights treaty that recognizes women’s reproductive rights and recognizes culture and tradition as powerful influences on gender roles and family relationships. It affirms women’s rights to acquire, modify, or preserve their nationality, as well as their children’s nationality. States parties further commit to take adequate action to combat all kinds of female trafficking and exploitation. The Convention’s terms must be implemented by countries that have ratified or acceded to it. They have also undertaken to provide national reports on their efforts to meet their treaty obligations at least every four years.

CEDAW’s importance to the youth

CEDAW addresses women of all ages, including elderly women, young women, and young girls. In today’s world, both young men and women play critical roles in the implementation of CEDAW. They are in charge of monitoring the rights and ensuring that they are respected by both men and women. Furthermore, they are responsible for determining whether or not rights have been infringed.

Goals and general agendas of CEDAW

The convention aims to acknowledge all forms of discrimination against women in their respective countries’ civil, political, social, economic, legal, and cultural lives. Furthermore, it tries to bring equitable treatment for men and women by raising awareness of the necessary changes. The Convention covers all aspects of a woman’s life.

CEDAW has sustainable development goals, which were accepted by UN leaders in 2015. With the 2030 Agenda for Sustainable Development and 17 Sustainable Development Goals (SDGs), they strive for the next 15 years (SDGs). This agenda aims to achieve gender equality by empowering women and eliminating all types of discrimination against them. Gender equality has received a lot of attention in the pursuit of sustainable development, and it is linked to all of the SDGs. 

With the SDGs and CEDAW, world leaders have established a human rights foundation to commit to and implement accountability measures to ensure gender equality, empowering all girls and women, and combating all forms of discrimination.

Crucial provisions 

Article 1 defines “discrimination against women” is defined as “any distinction, exclusion, or restriction made on the basis of sex with the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, regardless of marital status, of human rights and fundamental freedoms in the political, economic, and social spheres based on equality of men and women.”

Important sessions

• CEDAW 40th Session was held from 14 January – 1 February 2008.
• CEDAW 41st Session will be held from 30 June – 18 July 2008.
• CEDAW 39th Session was held from 23 July – 10 August 2007.

India’s stand concerning CEDAW

India ratified CEDAW in 1993. The country, on the other hand, has issued two declarations on the Convention. To begin, the government said in Article 5(a) of the Convention that “it shall abide by and ensure these provisions under its policy of non-interference in the personal affairs of any community without their initiatives and consents.”

Secondly, Article 16(2) states that the Government of the Republic of India announces that, while it completely supports the notion of compulsory marriage registration in principle, it is impractical in a big country like India with its diverse cultures, religions, and literacy levels. As a result, the government is involved in a variety of methods. Even with the various provisions for women and girls’ protection, it has not fully been implemented. The preference given to sons is still strong and prevails in the tradition and culture of India.

Inscribing gender and sexual minority’s rights

What is encouraging is that the United Nations has begun to pay attention to LGBTIAQ+ issues through General Assembly resolutions and joint statements, as well as through its human rights mechanisms and UN Agencies that have focused on what has been referred to as distinction based on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC). The language of equality found in the Convention is based on a comparison of men and women. “Yet, the Committee has frequently stressed that the Convention’s responsibilities convey broader dimensions of inequality, including inequalities between men and women.”

CEDAW makes no mention of the relationship between sex and gender, as well as other indicators of identity such as sexual orientation. CEDAW has been chastised for ‘failing to reflect the diversity of women and the variety of their experiences and for failing to recognize the ‘complexity of discriminatory practices directed at intersecting identities.’ Others contend that this is a misinterpretation of CEDAW, which is always changing and responsive to the diverse lived experiences of all women. 

The Committee had acknowledged the Netherlands’ concern about sexual preference concerns in its state report as early as 1994 and applauded the government of New Zealand’s move to establish a Human Rights Act that made sexual orientation a forbidden practice. Furthermore, by issuing General Recommendations, the CEDAW Committee adjusts and clarifies the Convention’s terms and meaning as international human rights legislation evolves over time.

Conclusion

This international Convention, which was enacted in 1979, is structured similarly to the Convention on the Elimination of All Forms of Racial Discrimination. By signing the Convention, governments agree to adopt a series of steps to eliminate all forms of discrimination against women. The Commission on the Status of Women (CSW) of the United Nations had previously worked on women’s political rights and the minimum marriage age. CEDAW is frequently referred to as the “bill of rights for women.” Countries that have ratified the convention are expected to incorporate it into their national legislation and take the appropriate steps to guarantee that women and girls throughout the country have the chance to enjoy equality in their lives. It mandates all countries to eliminate discrimination against women in the public and private spheres. 

The Convention is the sole human rights treaty that recognizes women’s reproductive rights and recognizes culture and tradition as powerful influences on gender roles and family relationships. It addresses women of all ages, including elderly women, young women, and young girls. They are in charge of monitoring the rights and ensuring that they are respected by both men and women. The convention aims to acknowledge all forms of discrimination against women in their respective countries’ civil, political, social, economic, legal, and cultural lives. And such agendas aim to achieve gender equality by empowering women and eliminating all types of discrimination against them. Gender equality has received a great amount of attention in the pursuit of sustainable development, and it is linked to all of the SDGs. India ratified CEDAW in 1993.

References

• https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx
• https://www.ohchr.org/documents/professionalinterest/cedaw.pdf 
• https://www.latestlaws.com/articles/all-about-convention-on-the-elimination-of-all-forms-of-discrimination-against-women-cedaw-1979 
• https://www.iwraw-ap.org/wp-content/uploads/2018/09/OPS_5-THE-VALIDITY-OF-RESERVATIONS-AND-DECLARATIONS-TO-CEDAW-_-The-Indian-Experience.pdf

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