CEDAW Convention and Women’s Human Rights

1. CEDAW Convention and Women’s Human Rights

2. CEDAW Member countries

3. Why women’s human rights • Of the world's 1.3 billion poor people, it is estimated that nearly 70 per cent are women. • Between 75 and 80 per cent of the world's 27 million refugees are women and children. • Only 28 women have been elected heads of state or government in this century. • Of the world's nearly one billion illiterate adults, two-thirds are women. • 2/3 of the 130 million children worldwide who are not in school are girls • The majority of women earn about 3/4 of the pay of males for the same work • In most countries, women work approximately twice the unpaid time men do. • The value of women's unpaid housework and community work is estimated to be worth $11 trillion

4. Overview CEDAW Convention Convention on the Elimination of All Forms of Discrimination against Women • Came into force in 1981 / Approved by 185 states • Internationally accepted principles and measures to achieve equal rights for women everywhere Optional Protocol • Came into force in 2000 / Approved by 90 states • Third-party complaints of state violations • Independent investigations of grave or systematic violations Committee on the Elimination of Discrimination against Women • 23 experts charged with oversight of compliance by member states • Sessions twice annually to consider progress reports by member states • States file reports once every 4 years • Authority to investigate violations and make recommendations

5. Characteristic of the CEDAW Convention • A multilateral human rights treaty aimed at establishing substantive equality of women with men removing all forms of discrimination against women • CEDAW is the only treaty covering all categories of human rights • The Convention defines what constitutes discrimination against women • The constituents of CEDAW consist of the provision of 16 substantive articles, General Recommendations, and Concluding Comments made by the Committee during the review process of the report • Being an International Human Rights Treaty, CEDAW has a force of law,

6. State obligations – Substantive Equality

7. State responsibility • Upon ratification the State Party voluntarily accepts a range of legally binding obligations to eliminate discrimination against women. • The State party agrees to pursue International Human Rights Standards as the principal normative points of reference. • The State is obligated to act to remove discrimination against women by the State itself, organizations or private individuals. • The State Party must take the appropriate measures to eliminate discrimination against women “without delay” • The State is to impose sanction on perpetrators. • Mandatory on the state Party to report as per schedule to the CEDAW Committee on compliance of the Convention. • Reservations: 60 states continue to have reservations to the Convention

8. CEDAW • Women have the right to equality before the law. Laws which discriminate against women must be abolished or reformed. Laws must be established to prevent discrimination against women. • Women have the right to participate fully in public and political life. • Women have equal rights with men regarding nationality, and the nationality of their children. • Women have the right to equal access to all levels of education.

9. CEDAW • Women have the right to have equal access to work, to choice of profession, job security and benefits, vocational training, social security and paid leave, and equal pay for work of equal value. • Women have the right to equal access to health care services, including family planning. • Women have full economic rights, including access to family benefits, bank loans, mortgages and other forms of credit. • Women have the right to make decisions about marriage, divorce, parental rights and responsibilities, the number and spacing of children, guardianship and adoption, and property ownership

10. Structure of the CEDAW Articles 1-5: Non-Discrimination and State Obligations Articles 6-16: Specific Substantive Areas - 6 Trafficking and Prostitution 7 Political and Public Life 8 Participation 9 Nationality 10 Education 11 Employment 12 Health 13 Economic and Social Benefits 14 Rural Women 15 Equality Before the Law 16 Marriage and Family Life Articles 17-23: Committee and Procedures Articles 23-30: Administration, Interpretation

11. Core principles: Substantive Equality and non-discriminarion Whatdoes it mean to be equal? • Equality of opportunity through law, policy,programmes and institutional arrangements • Equality of access by eliminating all obstacles that prevent access to the opportunities & taking positive steps to ensure goal of equality is achieved

12. A FEW EXAMPLES: • Educational opportunities – e.g., Bangladesh used CEDAW to help attain gender parity in primary school enrollment and has as a goal for 2015, to eliminate all gender disparities in secondary education.   • Violence against women and girls –e.g., Mexico responded to a destabilizing epidemic of violence against women by using CEDAW terms in a General Law on Women’s Access to a Life Free from Violence. By 2009, all 32 Mexican states had adopted the measure. • Marriage and family relations –e.g., Kenya has used CEDAW to address differences in inheritance rights, eliminating discrimination against widows and daughters of the deceased. • Political participation – e.g., Kuwait’s Parliament voted to extend voting rights to women in 2005 following a recommendation by the CEDAW Committee to eliminate discriminatory provisions in its electoral law.

13. CEDAW Committee • Established in the text of the Convention • Monitoring only – has no enforcement powers • 23 independent experts from various regions • Nominated by their respective governments, elected by member States (for 4 years terms), but serve in their personal capacity • Committee meets 2-3 times a year in Geneva/New York • Functions: • Issues General Recommendations • Monitors States parties’ compliance with the terms of CEDAW / implementation of CEDAW (primarily through reporting process) • Decides cases / conducts inquiries under the Optional Protocol

14. General Recommendationsç • Authoritative interpretations of the Convention • Allows CEDAW Committee to address contemporary issues, develop standards and provide guidance to implementation • Can expand the scope of the treaty. For example, GR 19 establishes that all VAW is prohibited under CEDAW • To date, the Committee has adopted 28 general recommendations; currently working on GR “Women in Conflict and Post Conflict Situations” (July 2011) http://www2.ohchr.org/english/bodies/cedaw/comments.htm

15. Additional monitoring instruments • The Special Rapporteur on Violence Against Women is one of over 30 thematic “Special Procedures” of the UN Human Rights Council, a charter-based body of the UN. She transmits urgent appeals and communications to States regarding alleged cases of violence against women, undertakes fact-finding country visits and submits annual thematic reports. • The new HRCWorking Group on the elimination of discrimination against women in law and in practice, made up of 5 regional reps,will will work with States to end legal discrimination.

16. Major barriers to the implementation of CEDAW • Lack of political commitments and proper understanding of the Convention • Legal obstacles • Reservation to substantive articles of the Convention • Weak national machinery and lack of resources • Adverse social and cultural practices

17. Reporting Process – Main Purpose • Create a record of performance of States parties based on norms and standards of CEDAW • Identify obstacles, problems and solutions to achieving the goals of the treaty • Identify best practices • Opportunity to benefit from experts • Opportunity for State party to show good faith by consenting to an open and transparent review

18. Reporting Process – Procedure • Ratification • Preparation of State party Report • Submission of Report • Pre-session • [NGOs can submit lists of issues and questions] • CEDAW Session: Constructive Dialogue • [NGOs can submit alternative reports, present at NGO session, attend Constructive Dialogue] • Committee issues Concluding Comments

19. NGOs? NGO State writes answers State writes report Pre-session ????????? Questions ????????? -NGOs write analternative report -NGOs provide questions State presents report incl. answers Concluding observations (+questions) State responds to questions if urgent Main session -NGOs make comments -NGOs present alternative report -NGOs use concluding observations for campaign and lobby -informal meetings

20. NGO Involvement summary • Participate in the preparation of the State party report OR analyse / critique the State party report • Submit alternative information (i.e., Shadow Reports) to the Committee, lobby Committee members and attend the Constructive Dialogue • Pressure the Government to Implement the Concluding Comments (e.g., publicising the Concluding Comments) • Under the Optional Protocol, submit complaints or initiate inquiries

21. How CEDAW can be used • CEDAW can be: • A framework for analysis • A monitoring tool • A source of law or standards • An interpretative tool • An accountability mechanism • Awareness raising / capacity building on women’s rights (through trainings, talks, media outreach, etc.) • In advocacy • In courts • In legislation • In government policy • In local governments • In work of NGOs and specialised agencies

22. Sharing your experience with CEDAW • How has CEDAW been used in your country? • How has your organisation or other organisations worked with CEDAW? • Has CEDAW been an effective tool for promotion of women’s rights? • What works? What doesn’t work?

23. NATIONAL ACTION PLANS

24. Why an Action Plan for human rights? • To get an overview of the human rights situation • To adopts a coherent approach to human rights issues both regarding specific rights issues and issues related to knowledge, information and organization. • A tool for identification of priorities – this is especially important if many problems and not sufficient finances • Useful tool for development discussions • A key task is to increase knowledge and awareness of human rights.

25. Developing - A preparatory phase • Who should initiate? • Who should be involved? • The role of Government and Parliament • Consultation with NGO´s, vulnerable groups • Focal Agency – draft principles • National Coordination Committee

26. A development phase • Consultation with different actors • parliamentarians, government, agencies, different ministries, civil society, military, private sector, vulnerable groups, trade unions, universities, nat. human rights institutions, media, judiciary etc. • Public meetings • Inter active Web site/radio • Baseline study • Write the Action Plan

27. An implementation phase • Identifying implementing partners- Different ministries are identified • Launching the plan • Media and dissemination strategy • Creating a reporting system • Human Rights Education • Website

28. A monitoring and evaluation phase A monitoringphase An evaluationphase Perform an evaluation • Monitoring and reporting mechanisms

29. Possible structure for an Action Plan • International standards • National legislation • Defined goals by the Government • International criticism and national debate • What has been done – linkage to other national activities • Action to be taken • Identification of who´s responsible for the implementation • Time frame – specific or long or short • Resources • Monitoring and follow up

30. Important issues to keep in mind while drafting an Action Plan • Time consuming • Who should draft? • Create ownership • Status of the Action Plan • Action oriented • Accountability • Expected results • Sensitive issues • Political pressure • Start work with media and information strategy early • Don´t invent new ways of running the government • Sufficient resources • Importance of transparency • Implementation and monitoring important • Human rights training • Two goals – the process as well as the outcome

31. Action Plan • 5 groups shall develop a structure and content for an Action Plan for Women´s human rights for respective country. The group will be divided by nationality. • Prepare for a 10 min presentation of your Action Plan

32. Tematic Focus • ELIMINATING DISCRIMINATION. Article 2. • MODIFY CUSTOMS. Article 5. • STOP TRAFFICKING IN WOMEN. Article 6. • POLITICAL PARTICIPATION. Article 7 • EMPLOYMENT. Article 11 • HEALTH CARE. Article 12 • VIOLENCE AGAINST WOMEN. General Recommendation 19

33. Discuss: 1. Preparatory and development phase: • What are the government and NGO priorities that needs to be covered? • Who will be involved in the planning process? How would you insure participation from different groups? • Howcan the process be communicated? 2. Implementation phase: • What are the priorities and goals for the selected rights? • Who´sresponsible for their implementation 3. Monitoring and evaluation phase: • Who´sresponsible for monitoring? Role of NGO • What mechanisms can be used for monitoring?