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The Convention on the Elimination of All Forms of Discrimination Against Women. An Introduction. What is equality? Why is CEDAW needed? What does CEDAW cover? Next steps. What is equality?.
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The Convention on the Elimination of All Forms of Discrimination Against Women An Introduction
What is equality? • Why is CEDAW needed? • What does CEDAW cover? • Next steps
What is equality? • Every person in St Helena is entitled to the fundamental rights and freedoms of the individual ... Without distinction of any kind, such as sex... • The expression “discriminatory” means affording different treatment to different persons on any ground such as sex...
Equal treatment of persons in unequal situations will only operate to perpetuate rather than eradicate injustice. True equality can only emerge from efforts directed towards addressing and correcting these situational imbalances.
What does CEDAW add? • Comprehensive definition of discrimination • Spells out specific goals and measures • Recognises need for education and a change in attitudes • Requires states to tackle causes of inequality by promoting social change
Discrimination against women Any distinction, exclusion or restriction made on the basis of sex which has the 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.
Direct discrimination A person discriminates against a woman if, on the grounds of her sex, he/she treats her less favourably than he/she treats or would treat a man.
Indirect discrimination He/she applies to her a provision, criterion or practice which applies or would apply equally to a man but: • Which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and • Which cannot be shown to be justified, and • Which is to her detriment because she cannot comply with it.
Obligations of States parties • Eliminating discrimination • Appropriate measures • Modifying social and cultural patterns • Temporary special measures
Positive action A way of trying to counteract deep-rooted or historic disadvantage by providing under-represented or disadvantaged groups with help to ensure they have the same chances as others.
Genuine Occupational Requirements Selection on gender grounds is allowed where being of a particular gender group is a genuine occupational requirement.
What does CEDAW cover (2)? • Trafficking and the exploitation of prostitution • Public and political life • International representation • Nationality • Education • Employment • Health care • Economic and social life • Rural women • Civil rights • Marriage and family life
Violence against women • Not specific • Covered by article 1 – definition • Public authority, individual, organisation, enterprise, workplace, domestic violence • State protection • Due diligence
Next steps • Checking legal compliance • Reporting to CEDAW Committee • Ensuring that steps continue to be taken to extend compliance.