Womens rights as workers under cedaw myanmar july 2017. Admissibility criteria for individual communications to the cedaw committee 14. Uited kingdom of great britain and northern ireland, cedaw communication no. This is the cedaw committees second engagement with the state of qatar, which ratified the cedaw convention on april 29, 2009. This paper provides an overview of the development of the convention on the elimination of. As of february 2015, it has 188 state parties that agreed to implement the provisions of the treaty most importantly taking appropriate measures against all forms of discrimination and exploitation of women. This is the cedaw committee s second engagement with the state of qatar, which ratified the cedaw convention on april 29, 2009. The committee s list of issues and questions is contained in cedaw cidnq67, and the responses of the government of indonesia are contained. Cedaw was adopted by the united nations in 1979 and took effect on september 3, 1981. Influence on rights discourse and jurisprudence in the united. The committee asserted that sexual harassment is a form of genderbased violence, and found that belarus treatment of ms abramova constituted discrimination and sexual harassment in violation of articles 2a2b, 2e2f, 3, and 5a of cedaw.
Committee on the elimination of discrimination against. In reading cedaw, you will learn what governments around the world have agreed to do so that discrimination against girls and women can be eliminated. J while a wide interpretation of these requirements was taken with respect to ms. Cedaw 60th session geneva, 16 february 6 march 2015 cedaw 59th session geneva, 20 october 7 november 2014. Cedaw committee on elimination of discrimination against women. Although cedaw does not contain an explicit article on violence against women, the cedaw committee has recommended an interpretation of violence against women as falling under the convention. Pdf the convention on the elimination of all forms of. The united kingdom of great britain and northern ireland, cedaw communication no. Since its first session in 1982, the committee and other actors at the. Cedaw and related instruments the concept of equality and non.
Cedawcidnco67 convention on the elimination of all forms. Convention on the elimination of all forms of discrimination. Before examining this recommendation in more depth, the author describes the main principles and key concepts of cedaw. Failure to exhaust domestic remedies na unknown na na n 30 unknown unknown 302011 pending 31 v. Drawing on the constructivist literature and the sociological framing literature, part i of this article introduces adoption and adaptation as key features for domestically enforcing treaty. Chairperson of the committee on the elimination of discrimination against women 20072008 the convention on the elimination of all forms of discrimination against women was adopted by the general assembly of the united nations by its resolution 34180 almost 30 years ago on 18 december 1979. Cedaw committee consists of 23 experts on womens rights from around the world. In this paper, the jurisprudence of the cedaw committee s views will be examined. English consideration of reports submitted by states parties under article 18 of the convention on the elimination of all forms. Cedawcgc29 convention on the elimination of all forms. The committee on the elimination of discrimination against women decided at its twentieth session 1999, pursuant to article 21 of the convention, to elaborate a general recommendation on article. The committees list of issues and questions is contained in cedawcidnq67, and the responses of the government of indonesia are contained in cedawcidnq. Cedaw and the rights to nondiscrimination and equality. In this 2005 report the committee on the elimination of discrimination against women decided to make public its findings and recommendations regarding the abduction, rape and murder of women in.
Cedaw cgc29 3 millennium development goals also refer to equality in the family as a fundamental principle. Cedaw committee interpreted the treaty as covering gender violence after the fact. Consisting of a preamble and 30 articles, it defines. Admissibility criteria for individual communications to the cedaw committee. The cedaw committee, which monitors compliance with the. Cedaw and the rights to nondiscrimination and equality cedaw and the rights to nondiscrimination and equality simone cusack and lisa pusey the committee on the elimination of discrimination against women committee is the leading united nations treaty body responsible for monitoring the implementation of womens human rights. Committee on the elimination of discrimination against women.
The convention established the committee on the elimination of discrimination against women, which acts as a monitoring system to oversee the implementation of the convention. The committee recommended appropriate reparation, as well as the implementation of a number. The committee on the elimination of discrimination against. Indonesia ratified cedaw in 1984, and has submitted four periodic reports to the cedaw committee setting out its progress in implementing the treaty. See also article 2 ag cedaw and committee on the elimination of discrimination against women, general recommendation 28, the core obligations of states parties under article 2 of the convention on the elimination of all forms of discrimination against women, u. The views issued by the cedaw committee have contributed to developing the international law on womens human rights and to the understanding of what is required by states to fulfil their cedaw obligations. As andrew byrnes has pointed out, the cedaw convention has been cited to courts and by courts of different countries in an increasing number of cases in recent years. The committee considered the combined sixth and seventh periodic report of indonesia cedaw cidn67 at its 1043rd and 1044th meetings on 11 july 2012 cedaw csr. Cedaw committee consists of 23 experts on womens rights from around the.
It enables the general public, governments, civil society organizations, united nations partners and international regional mechanisms to research the vast body of legal interpretation of international human rights law as. To the committee on the elimination of all forms of. Visibility of the convention, optional protocol and the committees general recommendations 8. The committee is also responsible for developing jurisprudence, a body of legal interpretation, through the issuing of general recommendations and decisions under cedaw s optional protocol. Cedaw and the human rightsbased approach to programming. The center for reproductive rights crr, an independent nongovernmental organization based in new york which uses the law to advance. January 27, 2005 policies, guidelines, jurisprudence. Parties under article 2 of the convention on the elimination of all. The cedaw has been called the international bill of rights for women. Committee on the elimination of discrimination against women concluding observations on the combined third to fifth periodic reports of malaysia 1.
Both decisions are shown to be inconsistent with jurisprudence that has developed in other human rights treaty. Op, and engaging with the srvaw on urgent appeals in individual cases and reporting. Myanmar ratified cedaw in 1997, and has submitted three periodic reports to the cedaw committee setting out its progress in implementing the treaty. In particular, this article examines the jurisprudence that has emerged under the individual complaints procedure of the optional protocol to the convention on the elimination of all forms of discrimination against women cedaw and questions how far the committee has been able to develop womens rights in recent years into a body of law that. This mechanism was intended to provide force to the rights set out in the convention and to redress the. Flaws of domestic law and failures in its application. Report on mexico produced by the committee on the elimination of. Ruth halperinkaddari, cedaw committee member from israel and late dr. Womens rights as workers under cedaw indonesia july 2017. The committee held that hungarys domestic violence jurisprudence was deeply entrenched in gender stereotypes which constituted a violation of hungarys obligation under article 2 of cedaw to promote gender equality through appropriate legislation. Committee on the elimination of discrimination against women optional protocol to the convention on the elimination of discrimination against women jurisprudence. Cerd, ccpr, cescr, cedaw, cat, crc, cmw, crpd and ced all have optional complaint mechanisms, whereby an individual may complain to the.
The committee considered the combined third to fifth periodic reports of malaysia cedaw cmys35 at its 1572nd and 1573rd meetings, on 20 february 2018 see cedaw csr. This article examines treaty body compliance discourse through an examination of the cedaw committees jurisprudence related to subsaharan africa. The committee considered the seventh periodic report of argentina cedaw carg7 at its 1443rd and 1444th meetings, on 1 november 2016 see cedaw csr. The committee has consistently concluded that the elimination of discrimination against women requires states parties to provide for substantive as well as formal equality. United nations cedaw cmysco35 convention on the elimination of all forms of discrimination against women distr general 14 march 2018 original. This article examines treaty body compliance discourse through an examination of the cedaw committee s jurisprudence related to subsaharan africa.
United nations cedaw clso14 convention on the elimination of all forms of discrimination against women distr general 31 august 2010 committee on the elimination of discrimination against women original. Committee interprets cedaw, the coherency and persuasiveness of its interpretative reasoning. There has been a gradual development of cedaw jurisprudence and shifts in the way womens issues are framed internationally since myanmar ratified cedaw. The committee is also responsible for developing jurisprudence, a body of legal interpretation, through the issuing of general recommendations and decisions under cedaws optional protocol. In conclusion, the research identifies a number of weaknesses in the convention and proposes a range of amendments that would facilities the use of the cedaw committee by african women.
These articles explain what girls and womens rights are and what governments should do to end discrimination against them. We also identified the implications of the cedaw committee jurisprudence on africa. Even the election of the members of the cedaw committee has been more competitive in. This study greatly benefited from extensive technical guidance from the gender and rights and. This jurisprudence helps clarify how the convention applies to specific situations and emerging issues. Communications provide cedaw with an opportunity to develop its jurisprudence against the background of an individual factual situation, while the inquiry competence allows it to craft recommendations to address grave or systematic. The committee on the elimination of discrimination against women cedaw is the body of independent experts that monitors implementation of the convention on the elimination of all forms of discrimination against women. Cedaw convention on the elimination of all forms of. The cedaw committee has attempted to fill in gaps with respect to violence against women and has directly addressed the obligations of the states parties under the convention with respect to these issues, but such recommendations are not legally binding on the states parties. Twenty years later, an optional protocol1 to the convention introduced a procedure for individual complaints to a committee of experts the committee. Cedaw, women, human rights, international human rights law, jurisprudence. The committee reminds states of their obligation to eliminate this gendered violence and examines specific articles within the convention towards the elimination of violence. Hence, whilst the cedaw committee has commendably advanced the international law on womens human rights in some areas, it has also been reluctant and slow to do so in others.
Download pdf this general recommendation by the cedaw committee highlights that violence against women is a form of discrimination and negatively impacts women globally. Cedawcargco7 3 invites the national congress, in line with its mandate, to take necessary steps regarding the implementation of the present concluding observations between now and the next reporting period under the convention. The committee examines initial and periodic reports submitted by states parties on the steps they have taken to implement the convention. Qatar entered reservations to multiple articles for reasons. Treaty bodies, such as the cedaw committee, make recommendations to state parties to assist with the adoption and adaptation process. English 1803942 e 030418 1803942 committee on the elimination of discrimination against women concluding observations on the combined third to fifth periodic reports of malaysia 1. Committees jurisprudence as well as during the facetoface meetings with states. The committee stresses the crucial role of the legislative power in ensuring the full implementation of the convention see the statement by the. See the maps on ratifications pdf of the convention on the elimination of all. Treaty for the rights of women the convention on the elimination of all forms of discrimination against women cedaw, or the treaty for the rights of women, was adopted by the united nations in 1979, and is the most comprehensive international agreement on the basic human rights of women. Cedaw and related instruments the concept of equality and.
This database provides easy access to jurisprudence emanating from the united nations treaty bodies which receive and consider complaints from individuals. The committee s list of issues and questions are contained in cedaw cargq7 and the responses of argentina are contained in cedaw cargq7add. There has been a gradual development of cedaw jurisprudence and shifts in the way womens issues are framed internationally since indonesia ratified cedaw. The committee considered the combined sixth and seventh periodic report of indonesia cedawcidn67 at its 1043rd and 1044th meetings on 11 july 2012 cedawcsr. Jun 02, 2011 cedaw obliges states parties to eliminate wrongful gender stereotyping, 32 that is to say, the process of ascribing to an individual specific attributes, characteristics or roles by reason only of his or her sexgender, in ways that infringe human rights. A critical evaluation of cedaw committee jurisprudence and. In analysing the eu law on gender equality the briefing paper addresses one of the. The jurisprudence database is intended to be a single source of the human rights recommendations and findings issued by all the committees in their work on individual cases. Transformative jurisprudence 1 decisions, actions based on sterotypes individual complaint procedures, cedaw committee vertido case communication no. Committee on the elimination of discrimination against women cedaw committee has established that state parties to cedaw need to raise and spend adequate resources, in a nondiscriminatory manner, in order to fulfill their treaty obligations to ensure substantive equality for women.