CEDAW Flashcards
explain the historical context of CEDAW
- article 1.3 UN charter stated equal gender rights as a foundational principle.
- the UN sub-commission of women’s rights was set up under the UN commission of HR (HRcomm) called the commission on the status of women (CSW)
When was CEDAW first ratified and when was the optional protocol ratified?
1979 and 1999
state how the the 1979 CEDAW tackles gender discrimination in the document
- defined definition of discrimination against women.
- based on multidimensional discrimination not just between state and individuals but in private sphere- extends obligations of states to private practices at home.
- challenges historical subordination (article 5 a)
- accepts positive discrimination for women through temporary special measures.
- recognises civil, political and Eco Soc rights.
list the disadvantages of the 1979 CEDAW.
- absence of provisions of gender based violence
- Poor monitoring mechanisms
state the mechanisms of the 1979 CEDAW
- general recommendations- gives its authoritative interpretation or advice on the convention (not binding)
- each state has to submit an initial report, one year after ratification, and then every 4 years after.
Describe the additional features in the 1999 optional protocol.
- individual communication procedure- only for signatories of the optional protocol and after local remedies are exhausted.
→ follow up after ruling every 6 months to check progress (political sanction).
- inquiry procedure- only for signatories of the optional protocol and based on NGO.
why might a individual communication procedure case be inadmissible under CEDAW
the state it occurred in is not ratified, local options not exhausted or it occurred before the treaty was ratified.
name some examples of an inquiry procedure
VAW (esp. femicide) in Mexico (Ciudad Juarez) and Canada (aboriginal women); Domestic Violence in SA; bride kidnapping in Kyrgyzstan, FGM in Mali, abortion in N-Ireland and Poland; sexual and reproductive health services in the Philippines.
state some general characteristics of CEDAW
- Only applicable to women and girls
- Combination of civil, political, economic, social and cultural rights
- Both public and private sphere
- Both direct and indirect discrimination
- Both discrimination based on sex and on gender
- Both formal and substantive equality
State the CEDAW principles.
- The obligation to respect (equality in laws and policies);
- The obligation to protect (non-discrimination– directand indirect by non-State actors) and
- The obligation to fulfil (to uphold equality and eliminate gender discrimination in the entire sphere of the social and economic life).
what is the difference between substantive vs formal equality
equity vs equality
what is Article 5 a and what are states obligations under it?
“To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”
- obligations→ use all appropriate means→ fulfilled with legal and extra- legal measures→ enlisting the help of non-state actors to change attitudes.
why is violence against women excluded?
VAW not in convention! but there is a General recommendation that says that VAW is a form of discrimination so falls under in article 1 ( GR 19 and 35).
name the mechanisms against VAW.
UN System: Women’s conventions and Special Rapporteur on VAW.
- Worldwide mandate (no treaties/reservations)
- Annual reports (Human Rights Council)
- Country reports, 2 or 3 fact finding missions per year (permission of the State needed)
- Communications reports (to Governments)
- Complaints procedure (only procedure without exhausting domestic remedies) Naming & Shaming
Define gender based violence.
Gender-based violence (against a woman)is violence that is directed against a woman because she is a woman or that affects women disproportionately
