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Afghanistan Swears in New Parliamentarians.

Photo courtesy of UN Photos: Eric Kanalstein.

FACT SHEET

Convention on the Elimination


of All forms of Discrimination
against Women (CEDAW)
‘The first international treaty to address the fundamental rights of women in
politics, health care, education, economics, employment, law, property and
marriage and family relations’.

CEDAW – What is it? Definition of Discrimination Social


The Convention on the Elimination Article 1 of CEDAW defines Article 10 ensures equal access to
of All Forms of Discrimination discrimination against women as “any education and vocational guidance
against Women (CEDAW) is distinction, exclusion or restriction for women, equal access to the same
the most comprehensive human made on the basis of sex which has curricula, examinations and teaching
rights instrument to protect the effect or purpose of impairing or quality, equal access to scholarships
women from discrimination. It nullifying the recognition, enjoyment or and study grants and finally, equal
is the first international treaty to exercise by women, irrespective of their access to adult education including
address the fundamental rights marital status, on a basis of equality of literacy programs.
of women in politics, health care, men and women, of human rights and
Article 11 ensures the same
education, economics, employment, fundamental freedoms in the political,
employment rights as men, right to free
law, property and marriage and economic, social, cultural, civil and
choice of profession, promotion and job
family relations. other field”.
security. In addition, equal remuneration
CEDAW was adopted by the United and access to social security. Finally,
Nations General Assembly in 1979. It What rights are included the article ensures no discrimination
entered into force on the 3rd September in CEDAW? against women who are pregnant,
1981, with 64 States signing the CEDAW discusses the rights of women in relation to their status of marriage
Convention. As of June 2010, 186 in relation to all aspects of life. That or of maternity, ensuring a safe work
States are party to the convention is, economic, social, cultural, civil and environment in relation to health.
including 99 signatories to the Optional political rights. Article 12 ensures equal access
Protocol. CEDAW is part of international
to health care services including
law and is monitored by the CEDAW
Economic family planning.
Committee at the United Nations.
Article 13 of the Convention requires Article 14 recognises the role of rural
governments to act to ensure equal women in the economic survival
access for women in relation to of their families and ensures equal
family benefits, loans and all forms access of rural women to health care,
of financial credit. social security, education and training,
agricultural credit and loans, equal
treatment in owning land and the right
to enjoy adequate living conditions.
Liberian Women Take Literacy Class through Pilot Project.
Photo courtesy of UN Photos: Christopher Herwig.

FACT SHEET

The Committee on the Elimination of Discrimination against Women (also


known as the CEDAW Committee) was established in 1982 and is the body of
independent experts that monitors implementation of CEDAW.

Cultural CEDAW allows a State to make a The Committee also formulates general
Article 5 ensures governments strive reservation in relation to certain aspects recommendations and suggestions.
to eliminate cultural and traditional of the Convention provided that the General recommendations are directed
practices that perpetuate discrimination reservations are not incompatible to States and concern articles or
and gender stereotyping of women. with the object and purpose of themes in the Convention.
Article 13, of the Convention ensures the Convention. Reservations
are expressed before signing the
equal access of women to participate General Recommendations
in recreational activities, sports and all Convention and can be changed at
any time reflecting changes in policy The Committee also makes
aspects of cultural life. recommendations on any issue affecting
circumstances within the state.
women to which it believes the States
Civil parties should devote more attention.
Monitoring implementation Article 21 of the Convention empowers
Article 9 ensures the right of women
to change their own or their children’s The Committee on the Elimination of the CEDAW Committee to make
nationality. Article 15 affords women Discrimination against Women (also general recommendations on issues
equality before the law including known as the CEDAW Committee) that they have noted warrant greater
entering contracts, administering was established in 1982 and is the conceptual elaboration and attention
property, the right to free movement of body of independent experts that by States. As of September 2009, the
persons and to choose their residence monitors implementation of CEDAW. CEDAW Committee has adopted 26
and domicile. Article 16 ensures equal The Committee is made up of 23 such recommendations, including on
right to enter into a marriage, to freely independent experts whom are the following issues: violence against
choose their spouse, same rights as nominated by those governments which women; equal remuneration for work
men during the marriage and on its have ratified CEDAW and are then of equal value; female circumcision;
dissolution, equal rights to the birth, elected by a secret ballot. Their term women and AIDS; disabled women;
adoption and raising of children. lasts four years, with only half of the equality in marriage and family relations;
Committee members replaced each women in political and public life;
time. The members are representative women and health; women and migrant
Political of the UN regional workers. Other recommendations have
Article 7 ensures that women have been on technical matters such as
States who have become party to the
the right to vote, hold office and reporting, reservations, and resources.
treaty are obliged to submit regular
actively participate in political parties, reports to the CEDAW Committee on
lobby groups and NGOs. Article 8 how the rights set out in the Convention
ensures that women have the ability are implemented. During its sessions,
to represent their government at the the Committee considers each State
international level and participate in party report and addresses its concerns
international organisations. and recommendations to the State party
in the form of concluding observations.
Women’s Pottery Workshop.
Photo courtesy of UN Photos: Mark Garten.

FACT SHEET

In 2000, an Optional Protocol entered into force which allows for individual
women or women groups to submit claims of violations of CEDAW directly to
the CEDAW Committee.

For example, at the 1989 session, the CEDAW and Australia It is important to note that even
Committee discussed the high incidence Australia was one of the first States though Australia began a paid
of violence against women, requesting to sign CEDAW on 17th July 1980. parental leave scheme starting on
information on this problem from all Australia ratified CEDAW in 1983, 1st January 2011, the reservation
countries. In 1992, the Committee with two reservations being in relation to CEDAW in Article 11 remains.
adopted general recommendation 19, to Article 11; the introduction of paid
which requires national reports to the maternity leave and the inclusion of Useful links and References
Committee to include statistical data women in combat units.
on the incidence of violence against www.unwomen.org
women, information on the provision of The Sex Discrimination Act 1984 gave www.unwomen.org.au
services for victims, and legislative and effect to Australia’s obligations under
other measures taken to protect women CEDAW and has since been amended. www.genderequalityonline.org.au
against violence in their everyday lives Australia recently appeared before the www2.ohchr.org/english/law/cedaw.
such as harassment in the workplace, CEDAW Committee for its combined 6th htm
abuse in the family and sexual violence. and 7th Report. While some progress
As of January 2008, the Committee has has been noted, areas of concern that www.un.org/womenwatch/
made 25 general recommendations. remain for the Committee include: www.un.org/womenwatch/daw/cedaw
Violence against women
The Optional Protocol Political and public life participation
In 2000, an Optional Protocol entered and inadequate use of temporary
into force which allows for individual special measures
women or women groups to submit
claims of violations of CEDAW directly Inadequate legislative frameworks
to the CEDAW Committee. for addressing discrimination

Before being able to submit a claim Employment and pay equity


there are several requirements which Disadvantaged groups of women
need to be met domestically including which include Aboriginal and Torres
the exhaustion of domestic remedies; Strait Islander women, women
that is, taking their complaints to migrants, refugees and asylum
the courts and police. The Optional seekers and women with disabilities
Mechanism gives the Committee
powers of inquiry into situations of grave
systematic violations of women’s rights;
however these inquiries can only be
carried out in those States which are
party to the Optional Mechanism.

This factsheet has been produced by UN Women Australia GPO Box 2824 Canberra ACT 2601.
www.unwomen.org.au | www.genderequalityonline.org.au

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