The Author, Akanksha Bhattarai is a 5th Year, BBA.LLB student at Symbiosis Law School, Pune. She is currently interning with LatestLaws.com.

Introduction

The Convention of the Elimination of All Forms of Discrimination Against Women (abbreviated as CEDAW) is an international treaty which was adopted on 18 December 1979 by the United Nations General Assembly. It is described as an “international bill of rights for women” The convention is structured in six parts with 30 Articles total. It was instituted on the 3^rd of September, 1981 and has been ratified by 189 States. Over 50 countries that have ratified the convention have done so subject to certain declaration, reservations and objections including 38 countries who rejected the enforcement of Article 29 which addresses means of settlement for disputes concerning the interpretation or application of the convention. The CEDAW has as a similar format to the convention on the element on the Elimination of All Forms of Racial Discrimination. Both with regard to the scope of its substantive obligations and its internal monitoring mechanisms. As of 2016, 189 countries have ratified CEDAW.

Questions and Answers

Why is CEDAW significant?

CEDAW is also knows as the ‘bill of rights for women’. The countries that have ratified the convention is obligated to take include this in their national laws and take necessary step to ensure women and girls all over the nation has the opportunity to experience equality in their lives. Even though there are other international treaties, i.e. International Covenant on Civil and Political Rights which focuses on minimizing discrimination on the basis of sex, what is unique about the CEDAW is that it gives special attention to women and has formed a set of guidelines on different areas of women’s human rights which may contribute discrimination in any sort. CEDAW mandates all nations to bring equality in public and private sphere by eliminating discrimination against women. For instances, gender stereotypes, traditional gender roles. Further, this convention heavily stresses on achieving ‘substantive equality by providing women and girls with equal opportunities, results and access.

Has CEDAW made any impact?

Yes. CEDAW is the gateway to bring advancement on women rights and gender equality. It aids by providing a foundation for policy, legal and constitutional reforms, and judicial decisions at the state level. Across the globe, CEDAW has nourished various provisions pertaining to constitution by guaranteeing equality in women and men and providing a constitutional base for women’s human rights protection. Countries have also strengthened their provision by introducing anti-discriminatory legislations in Family law, Civil law and Penal law. As per the guidelines of the CEDAW, courts are expanding and advancing case laws on gender equality globally. Countries have introduced quota system for women for employment and education opportunities. Further countries have provided legal framework by prohibiting and acknowledging violence against women. The CEDAW has massively helped women and girls all around the globe to have power and voice to claim rights.

Are there any other contribution from CEDAW?

Yes, CEDAW has sustainable development goals which was adopted in 2015 by the United Nations leaders. They aim for the next 15 years with the 2030 Agenda for Sustainable Development & 17 Sustainable Development Goals (SDGs). The target of this Agenda is to bring gender equality by empowering women and eliminating discrimination against women in all forms. There has been given massive attention on gender equality for attaining sustainable development and is related to all SDGs. World leaders have created human rights foundation with the SDGs and CEDAW intending to commit and implement accountability measures in order to ensure gender equality empowering all girls and women and curbing all other sort of discrimination

What role does CEDAW play for countries that has not ratified the convention?

NGOs at local and national level can be a part of the country’s official and contribute in bringing attention to the topics relating to women discrimination in front of the government. The NGOs can also present report to the CEDAW Committee by highlighting the disparity and challenges in implementing CEDAW that is not touched upon in the country’s official report. If any of the women right has been violated, they can file a complaint to the CEDAW Committee to seek relief.

Why is CEDAW important to youngsters?

CEDAW is focuses on all ages of women, including old lady, young women and little girls. In today’s world, young women as well as men play a vital role in the implementation of CEDAW. They are responsible for monitoring the rights and whether these rights are being respected by both men and women. Further, they are responsible to check whether the rights have been violated or not.

What is discrimination against women?

Article 1 acknowledges the meaning of the term “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.”

What is the aim and objective of this convention?

The convention aims to recognize any forms of discrimination against women in areas such as civil, political, social, economic, legal and cultural life of their respected countries. Further, it strives to bring equal treatment for men as well as women by creating awareness of the needed changes. The Convention consist of 20 provisions in total that aims to cover all aspect of a women’s life.

Article 2 of the Convention encourages states to take proper action towards eliminating discrimination against women and promoting women’s equal rights as men by introducing coherent legislations, sanction as national laws. Further, it appeals to remove any customs or law that discriminates women.

Firstly, the convention focuses on Human Rights of Women. Secondly, it ensures the same fundamental rights and freedom that is provided to men.

Does it have a committee?

Yes. The Elimination of Discrimination against Women has formed a committee that consist of 23 independent experts on women’s issues that monitors the implementation of the CEDAW. The improvement and development of such countries that are members of the CEDAW is consistently tracked.

Is there any language specific version of the convention that is more authentic?

The Arabic, Chinese, English, French, Russian and Spanish text versions are regarded as equally authentic.

What is the position of India?

In 1993, India ratified CEDAW. However, the country has made two declarations regarding the Convention. Firstly, with regards to Article 5 (a) of the Convention where the government stated that “it shall abide by and ensure these provisions in conformity with its policy of non-interference in the personal affairs of any community without its initiatives and consents.” Secondly, Article 16 (2) stated that the Government of the Republic of India declares though in principle it fully supports the principle of compulsory registrations of marriages, it is not practical in a vast country like India with its variety of customs, religions and level of literacy. Hence, there is a mix involvement of the government. Even with various provision on women and girls’ protection, it has not fully been implemented. The preference given to sons are still strong and prevails in the tradition and culture of India.

What are some important Articles under this convention?

Article 5 (Gender Stereotypes) where stereotypes such as girls or women should not play sports and boys or men should not do household work. It encourages family to understand the concept of shared responsibility among men and women.
Article 6 (Trafficking and Exploitation of Prostitution) encourages countries to eradicate trafficking of women and exploitation of girls.
Article 7 (Political and Public Life) suggest countries to eliminate discrimination by giving women authority to vote, participate in political parties.
Article 10 (Education) encourages countries to ensure education and vocational training to both men and women by providing same examination, curriculum, scholarships and teaching standards. Further, women are also entitled to participate in sports and physical education, hence should be encouraged more.
Article 11 (Employment) promotes equal opportunity for men and women in terms of employment. Women are entitled to pick their profession and must be given the equal salary and value as men enjoys. Further, women have rights to maternity leave.
Article 14 (Rural Women and Girls) countries are obligated to provide benefit for rural women such as employment, training, services, social equity schemes.
Article 16 (Marriage and Family Life) women can marry anyone of their choice. Women are empowered with same rights and privileges as the men. They have freedom to pick any occupation of their choice. Further, the convention encourages to provide a minimum marriage age for men and women for the maintenance of the balance.