CEDAW is one of nine international human rights treaties and deals specifically with women’s rights. It has often been described as an 'international bill of rights' for women and enshrined within its preamble and 30 Articles are key principles of equality and an agenda for national action to end discrimination against women. CEDAW was the first international treaty to address fundamental rights for women in politics, health care, education, economics, employment, law, property and marriage and family relations.

CEDAW was adopted by the United Nations General Assembly in 1979. It entered into force on 3^rd September 1981, with 64 states signed on to the convention, including Australia.

The Convention begins by defining discrimination on the basis of sex. The initial articles oblige States both to refrain from sex-based discrimination in their own dealings and take measures towards achieving factual as well as legal equality in all spheres of life, including by breaking down discriminatory attitudes, customs and practices in society.

Discrimination against women is defined in article 1 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 the basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil and any other field.”

What Rights are Included in CEDAW?

CEDAW discusses the rights of women in relation to all aspects life. That is, economic, social, cultural, civil and political rights:

Economic

• CEDAW requires governments to act to ensure equal access to women in relation to family benefits, loans and all forms of financial credit (Article 13)

Social

• CEDAW ensures equal access to education and vocational guidance for women, equal access to the same curricula, examinations and teaching quality, equal access to scholarships and study grants and finally, equal access to adult education including literacy programmes (Article 10)

• CEDAW ensures the same employment rights as men, right to free choice of profession, promotion and job security. In addition, equal remuneration and access to social security. Finally, the article ensures no discrimination against women who are pregnant in relation to their status of marriage or maternity and ensuring a safe work environment in relation to health and safeguarding of the function of reproduction (Article 11)

• CEDAW ensures equal access to healthcare services including family planning (Article 12)

• CEDAW recognises the role of rural women in the economic survival of their families and ensures equal access of rural women to health care, social security, education and training, agricultural credit and loans, equal treatment in land and enjoy adequate living conditions (Article 14)

Cultural

• CEDAW ensures governments strive to eliminate cultural and traditional practices that perpetuate discrimination and gender stereotyping of women (Article 5)

• CEDAW ensures equal access of women to participate in recreational activities, sports and all aspects of cultural life (Article 13)

Civil

• CEDAW ensures the right of women to change their or their children’s nationality (Article 9)

• CEDAW ensures women equality before the law including entering contracts, administering property and right to movement of persons and to choose their residence and domicile (Article 15)

• CEDAW ensures equal right to enter into a marriage, to freely choose their spouse, same rights as men during the marriage and on its dissolution and equal rights to the birth, adoption and raising of children (Article 16)

Political

• CEDAW ensures that women have the right to vote, hold office and actively participate in political parties, lobby groups and NGOs (Article 7)

• CEDAW ensures that women have the ability to represent their governments at the international level and participate in international organisations (Article 8)

Link to CEDAW text: http://www2.ohchr.org/english/law/cedaw.htm [1]

 

Which States have Ratified CEDAW?

Currently, 185 countries (over ninety percent of the members of the United Nations) are party to the Convention. Note that the US has signed, but not ratified the treaty; therefore it is not bound to put the provisions of the Convention into practice.

«      Link to the complete list of signatories and states parties to the Convention: http://www.un.org/womenwatch/daw/cedaw/states.htm [2]

 

How does CEDAW impact Australia?

Despite some opposition, Australia signed CEDAW at a special signing ceremony at the UN World Conference for the Decade of Women on 17 July 1980. Australia was one of the 23 countries that helped prepare the ceremony and sent a strong delegation of experts led by The Hon Robert Ellicot (the then Minister for Home Affairs).

Australia's signing of CEDAW, under the Fraser Liberal government, showed Australia's commitment, in principle, to the rights it enshrines. By accepting the Convention, committed 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.

CEDAW facilitates this by promoting non-discriminatory practices in the following areas.

Law, policy and prejudices:

• CEDAW urges all countries to work towards eradicating discrimination against women by introducing new laws or policy, changing existing discriminatory laws and providing sanctions for discrimination where it occurs (Article 2)
• CEDAW requires countries to actively promote women's full development and advancement, so that they can enjoy human rights and fundamental freedoms on the same basis as men (Article 3)
• CEDAW allows temporary special measures that favour women, on the basis that they are designed to speed up the achievement of equality (Article 4)
• CEDAW requires countries to address and change social and cultural patterns that reinforce the stereotyping of women and traditional gender roles, or that promote the relative superiority or inferiority of either of the sexes (Article 5)

Exploitation and prostitution:

• CEDAW requires countries to aim to eliminate all forms of trafficking of women and exploitation of prostitution of women (Article 6)

Politics and public life:

• CEDAW asserts that women should have the right to vote, the right to stand for election, be involved in formulating government policy and actively participate in political parties, lobby groups and NGOs (Article 7)
• CEDAW states that women should have the same opportunities as men to represent their countries internationally and be involved in the work of international organisations (Article 8)

Nationality:

• CEDAW requires that women have the same rights as men to acquire, retain or change their nationality and the nationality of their children. These rights are not affected by the choices of a woman's husband or changes to his nationality (Article 9)

Education and training:

• CEDAW urges countries to ensure that women have the same opportunities as men in all aspects of education and training - from kindergarten to tertiary education. Women should have access to the same curricula, professional staff and programs of continuing and adult education, especially those aimed at reducing any existing gender gaps within education, and opportunities to benefit from the same scholarships and grants as men. Governments are required to ensure that stereotypical concepts of the roles of men and women are eliminated (Article 10)

Employment:

• CEDAW requires countries to protect women's rights to work, to ensure that women have the same training and employment opportunities as men, that women receive equal pay for work of equal value, that women have access to the same benefits, compensatory schemes, and allowances as men, especially in relation to retirement and incapacity to work (Article 11)

Health:

• CEDAW requires countries to take all necessary measures to eliminate discrimination against women in the field of health care and ensure women and men have equal access to health services (Article 12)

Economic life, sport and culture:

• CEDAW expressly requires that women have equal access to family benefits, forms of financial credit, including mortgages, and the same rights as men to participate in recreational activities and cultural life (Article 13)

Women living in remote and rural areas:

• CEDAW requires all countries to ensure that the particular needs of rural women are met in relation to access to services, training and employment opportunities, and social equity schemes (Article 14)

Equality before the law:

• CEDAW requires countries to treat women and men equally in all matters relating to the law, including civil matters, contractual matters, and property ownership (Article 15)

Family relations:

• CEDAW requires countries to ensure that women and men have equal rights in the freedom to choose a spouse and enter into marriage; the same rights and responsibilities as men within marriage and upon divorce, especially with regards to choosing a family name, a profession, and the rights of ownership; and equal rights in all matters relating to the birth, adoption and the raising of children (Article 16)

Has Australia entered reservations to CEDAW?

• "The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under Federal and some State industrial awards. Social Security benefits subject to income tests are available to women who are sole parents.
• "The Government of Australia advises that it is not at present in a position to take the measures required by article 11 (2) to introduce maternity leave with pay or with comparable social benefits throughout Australia.

   

What is the Optional Protocol to CEDAW?

How has CEDAW been implemented in Australia?

• Promote equality between men and women
• Eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
• Eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.

 

How is CEDAW monitored?

1. State party periodic reports:

2. List of issues and/or questions:

3.   Concluding observations:

For

For a handy downloadable Fact Sheet on CEDAW please click here [13].

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