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The Convention on the Elimination of All Forms of Discrimination Against Women
In 1979, the UN General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Consisting of a preamble and 30 articles, CEDAW defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. Over ninety percent of the members of the United Nations are parties to the Convention and are therefore bound to put the provisions of the Convention into practice.
The United States signed the Convention on July 17, 1980 but has not ratified it; therefore, it is not bound to put the provisions of the Convention into practice.
The Convention defines 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.”
By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:
- To incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
- To establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
- To ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.
The Convention provides a basis for realizing equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life - including the right to vote and to stand for election - as well as education, health and employment. States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.
Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice. They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations.
On October 6, 1999, the General Assembly, acting without a vote, adopted a 21-article Optional Protocol to CEDAW and called on all States parties to the Convention to become party to the new instrument as soon as possible.
By ratifying the Optional Protocol, a State recognizes the competence of the Committee on the Elimination of Discrimination against Women - the body that monitors States parties' compliance with the Convention - to receive and consider complaints from individuals or groups within its jurisdiction.
The Protocol contains two procedures:
- A communications procedure allows individual women, or groups of women, to submit claims of violations of rights protected under the Convention to the Committee. The Protocol establishes that, in order for individual communications to be admitted for consideration by the Committee, a number of criteria must be met, including that all domestic remedies be exhausted.
- The Protocol also creates an inquiry procedure enabling the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights.
In order for the provisions of the Optional Protocol to apply, states must be party to the Convention and the Protocol. The Protocol includes an “opt-out clause,” allowing States upon ratification or accession to declare that they do not accept the inquiry procedure. Article 17 of the Protocol explicitly provides that no reservations may be entered to its terms.
The Optional Protocol entered into force on December 22, 2000, following the ratification of the tenth State party to the Convention.
In 1982, the UN created an expert body to monitor the implementation of national measures to fulfill the obligations under CEDAW. The United Nations Committee on the Elimination of Discrimination against Women (the CEDAW Committee) is composed of 23 experts on women's issues from around the world.
The States parties to CEDAW elect the 23 members of the CEDAW Committee. The members are acknowledged as experts “of high moral standing and competence in the field covered by the Convention.” These elections have to meet CEDAW’s demands for equitable geographical distribution in membership and the requirement that Committee members represent “different forms of civilization as well as principal legal systems.”
The members of the CEDAW Committee serve for four years, with only half of the Committee members replaced each time elections take place. The officers of the CEDAW Committee consist of a Chairperson, three Vice-Chairpersons and a rapporteur.
At its meetings held twice annually, the CEDAW Committee reviews national reports submitted by the States parties within one year of ratification or accession, and thereafter every four years. The government representatives of the reporting nations present these reports, which cover national action taken to implement the provisions of the Convention. In discussions with these officials, the CEDAW Committee experts can comment on the report and obtain additional information.
The CEDAW Committee also makes recommendations on any issue affecting women to which it believes the States parties should devote more attention. For example, at the 1989 session, the CEDAW Committee discussed the high incidence of violence against women, requesting information on this problem from all countries. In 1992, the CEDAW Committee adopted General Recommendation 19, which requires national reports to the CEDAW Committee to include statistical data on the incidence of violence against women, information on the provision of services for victims, and legislative and other measures taken to protect women against violence in their everyday lives, such as harassment at the workplace, abuse in the family and sexual violence.
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