Mercy Global Concern - 2003
Commission to Eliminate Discrimination
against Women (CEDAW)
The 28th session of the Commission to Eliminate Discrimination
Against Women (CEDAW) opened at United Nations Headquarters in
New York on January 13-31, 2003.
The CEDAW convention was adopted in 1979 by the UN General Assembly
and is often described as an international bill of rights for
women. Consisting of a preamble and 30 articles, it defines what
constitutes discrimination against women and sets up an agenda
for national action to end such discrimination.
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 martial 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 the 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 the right to stand in election
- as well as education, health and employment. States agree to
take appropriate measures including legislation so that women
can enjoy all their human rights and fundamental freedoms.
The Convention is the only human rights treaty, which affirms
the reproductive rights of women and targets culture and tradition
as influential forces shaping gender roles and family relations.
It affirms women's rights to acquire, change or retain their nationality
and the nationality of their children. States also agree to take
appropriate measures against all forms of traffic in women and
exploitation of women.
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 every four years, on measures
they have taken to comply with their treaty obligations.
How it works:
Reporting States are expected to describe steps taken to adhere
to and progressively realize the Convention, or point out obstacles
encountered. Following the exchange with representatives of States,
the Committee experts prepare concluding comments, which are incorporated
in the report of the session. The Committee is composed of 23
‘experts' of high moral standing and competence in the fields
covered by the Convention. Members are elected by the Parties
to the convention for a four-year term and serve in an individual
capacity, but consideration is given to geographic distribution
and the representation of different forms of civilization as well
as the principle legal systems.
This year the United Nations is commemorating the 50th
anniversary of the Declaration of Human rights. Such an anniversary
invites us to reflect, to glance backward and make an historical
assessment of the progress of international human rights and to
appreciate how far we have come. When thinking about women and
girls, this is neither an easy or obvious exercise. The international
community as part of the human rights lexicon has only recently
accepted women's rights as human rights. CEDAW came into force
in 1981, as the first international human rights treaty to systemically
and substantively address the needs of women and girls. However,
these gains made on paper at the international level simply set
the stage for the real work: the implementation of CEDAW and other
human rights instruments at the national level. This is where
CEDAW really has meaning for women and translates into potential
to improve women's lives and their societies. The history of women's
human rights has just begun.
The CEDAW Reporting Process
When a State ratifies CEDAW, it undertakes the obligation to
present reports at the UN on the progress it has made implementing
women's human rights. The first report is due one year after ratification.
And a further report is due every four years following that date.
These reports are made to the CEDAW committee. The Committee engages
in a " constructive dialogue" with the government delegation
presenting the report, regarding the implementation of the Convention
and comments on whether the government has made adequate progress.
The Committee also produces recommendation about the actions the
Government should be taking. Both the State report and the Committee's
concluding comments are public documents.
Mercy Global Concern and the CEDAW Process
Women's NGOs are not formally included in the CEDAW Committee
sessions, but their communication with the Committee is a crucial
part of the process. The Committee welcomes independent information
to help it access, Governments claims and to determine where improvements
are needed. For example, MGC is part of the working group on girls
(WGG)
One of the countries coming up for review at this time is Kenya.
I forwarded the Kenyan report to Anne Itotia RSM a native of Kenya
and a member of the Irish leadership team and to Angela Hartigan
RSM, and asked them if they could highlight shortcomings in the
report. The information sent by Anne and Angela was used by the
WGG and passed onto the independent "experts".
In the past, this process has been used to good effect: to hold
governments accountable for the claims and commitments made at
the CEDAW Committee sessions, to continue to dialogue with their
governments on implementing CEDAW recommendations, and as a vehicle
to raise public awareness within their own countries.
I will keep you informed about this process. In the meantime
if you wish to read more about CEDAW, please log onto www.un.org/womenwatch/daw/cedaw/
Deirdre Mullan, Mercy Global Concern, United Nations, New York
One cannot help wondering if individually and
collectively we can transform this behemoth called injustice,
then we will recognize the right of every woman to be fully human,
the right of every child to a safe environment and the right of
every poor human being to a dignified life. Only then will we
turn our swords into plowshares and our spears into pruning hooks;
only then will we refuse the anthropocentrism that threatens the
annihilation of this planet
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