Convention on the Elimination of All Forms

of Discrimination against Women

The Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly.
Described as an international bill of rights for women, it came into force on 3 September 1981
and has been ratified by 188 states. Over fifty countries that have ratified the Convention have
done so subject to certain declarations, reservations, and objections, including 38 countries who
rejected the enforcement article 29, which addresses means of settlement for disputes concerning
the interpretation or application of the Convention.[1] Australia's declaration noted the limitations
on central government power resulting from its federal constitutional system. The United States
and Palau have signed, but not yet ratified the treaty. The Holy See, Iran, Somalia, South Sudan,
Sudan and Tonga are not signatories to CEDAW.

The Convention[edit]
The Convention defines discrimination against women in the following terms:
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.
It also establishes an agenda of action for putting an end to sex-based discrimination:
States must take measures to seek to eliminate prejudices and customs based on the idea of the
inferiority or the superiority of one sex or on stereotyped role for men and women.
States ratifying the Convention are required to enshrine gender equality into their domestic
legislation, repeal all discriminatory provisions in their laws, and enact new provisions to guard
against discrimination against women. However, special protection for maternity is not regarded
as gender discrimination (Article 4). Appropriate measures, including legislation, to suppress all
forms of trafficking in women and forced prostitution are also not regarded as gender
discrimination (Article 6). Equal opportunity in education for female students is required, and
coeducation is encouraged. (Article 10). States ratifying the Convention must also establish
tribunals and public institutions to guarantee women effective protection against discrimination,
and take steps to eliminate all forms of discrimination practiced against women by individuals,
Resolutions 1325 10th anniversary events highlight use of CEDAW mechanisms[2]
The 10th anniversary of Resolution 1325 in October 2010 highlighted the increasing demand for
accountability to UN Security Council Resolution 1325 on Women, Peace and Security. Many
expressed concern about the fact that only 22 Member States out of 192 have adopted national

action plans. Women are still underrepresented if not totally absent in most official peace
negotiations and sexual violence in conflict continue to increase.
These realities emphasized the need to use other legal mechanisms to strengthen the
implementation of SCR 1325, particularly CEDAW. The well-established mechanisms of
CEDAW the Member States compliance report and the civil society shadow reporting process
were cited as powerful instruments to ensure accountability.
Several regional and international meetings including the High Level Seminar 1325 in 2020:
Looking ForwardLooking Back, organized by the African Center for the Constructive
Resolution of Disputes, and the Stockholm International Conference 10 years with 1325 What
now? called for the use of CEDAW to improve 1325 implementation.
Intersection between SCR 1325 and CEDAW [3]

While CEDAW and UN Security Council Resolutions 1325 and 1820 on Women, Peace
and Security are important international instruments on their own, there is also an
intersection among the three standards that can be used to enhance their implementation
and impact.

Resolutions 1325 and 1820 broaden the scope of CEDAW application by clarifying its relevance
to all parties in conflict, whereas CEDAW provides concrete strategic guidance for actions to be
taken on the broad commitments outlined in the two Resolutions (UNIFEM, 2006. CEDAW and
SCR 1325: A Quick Guide).
CEDAW is a global human rights treaty that should be incorporated into national law as the
highest standard for women's rights. It requires UN Member States that have ratified it (185 to
date) to set in place mechanisms to fully realize women's rights.
Resolution 1325 is an international law unanimously adopted by the Security Council that
mandates UN Member States to engage women in all aspects of peace building including
ensuring women's participation on all levels of decisionmaking on peace and security issues.
Resolution 1820 links sexual violence as a tactic of war with the maintenance of international
peace and security. It also demands a comprehensive report from the UN Secretary General on
implementation and strategies for improving information flow to the Security Council; and
adoption of concrete protection and prevention measures to end sexual violence.
Resolutions 1325 and 1820, and CEDAW share the following agenda on women's human rights
and gender equality:[2]
1. Demand womens participation in decision-making at all levels
2. Rejection of violence against women as it impedes the advancement of women and
maintains their subordinate status

3. Equality of women and men under the law; protection of women and girls through the
rule of law
4. Demand security forces and systems to protect women and girls from gender-based
violence
5. Recognition of the fact that distinct experiences and burdens of women and girls come
from systemic discrimination
6. Ensure that womens experiences, needs and perspectives are incorporated into the
political, legal and social decisions that determine the achievement of just and lasting
peace
A General Comment from the CEDAW committee could strengthen womens advocacy for the
full implementation of Resolutions 1325 and 1820 at the country and community levels.
Conversely, CEDAWs relevance to conflict-affected areas will be underscored further by the
two Resolutions. In other words, all three international instruments will reinforce each other and
be much more effective if used together in leveraging womens human rights.[4]
The seven UN member states that have not ratified or acceded to the convention are Iran, Palau,
Somalia, South Sudan, Sudan, Tonga, and the United States.[5]
The one UN non-member state that had not acceded to the convention is the Holy See/Vatican
City.[5][6]
The Republic of China (Taiwan) in 2007 has also ratified the treaty in its legislature, but is
unrecognized by the United Nations and is a party to the treaty only unofficially.[7]
The latest state to have acceded the convention was the State of Palestine on April 2, 2014.[5]

Committee on the Elimination of Discrimination against

Women[edit]
The Committee on the Elimination of Discrimination Against Women is the United Nations
(U.N.) treaty body that oversees the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW). The formation of this committee was outlined in
Article 17 of the CEDAW, which also established the rules, purpose, and operating procedures of
the committee.[8] Throughout its years of operation the committee has held multiple sessions to
ensure the rules outlined in the CEDAW are being followed. Over time the practices of the
committee have evolved due to an increased focus on women's rights issues.

History of the committee[edit]

The Committee on the Elimination of Discrimination Against Women was formed on 3
September 1981 after the CEDAW received the 20 ratifications required for it to enter into force.

Article 17 of the CEDAW established the committee in order to ensure that the provisions of the
CEDAW were followed by the countries that had signed and agreed to be bound by it.[8] The first
regular session of the committee was held from 1822 October 1982. In this session the first
officers of the committee were elected by simple majority, with Ms. L. Ider of Mongolia
becoming chairperson.[9] Other officers elected were three vice chairpersons: M. Caron of
Canada, Z. Ilic of Yugoslavia and L. Mukayiranga of Rwanda. The final officer elected was D. P.
Bernard of Guyana as rapporteur of the committee. During this session the committee also
unanimously approved to adopt its rules of procedure.[9]
UN Headquarters
The committee is allowed to hold as many meetings as are required to perform their duties
effectively, with the states party to the CEDAW and the Secretary-General of the United Nations
authorizing the number of regular sessions held.[10] In addition, special sessions can be held at the
request of either a state party to the convention or the majority of the members serving on the
committee.[10] Fifty-three sessions have been held to date, with the most recent taking place from
1 October 2012 to 19 October 2012.[11] The first thirty-nine sessions were held at the United
Nations headquarters building in New York City, with the fortieth session and alternating
sessions following it held in the Palais des Nations in Geneva.[11] During each of its regular
sessions the committee hears reports from states party to the CEDAW on their progress in
adhering to CEDAW and implementing its ideas in their countries.[12] The committee also holds
pre-sessional work groups to discuss the issues and questions that the committee should deal
with during the following session.

Reports[edit]
Under article 18 of the CEDAW states must report to the committee on the progress they have
made in implementing the CEDAW within their state.[10] As most of the information the
committee works with comes from these reports, guidelines have been developed to help states
prepare accurate and useful reports.[13] Initial reports discussing the current picture of
discrimination against women in the reporting states are required to specifically deal with each
article of the CEDAW, and consist of no more than one-hundred pages.[10] States are required to
prepare and present these initial reports within one year of ratifying the CEDAW.[8] Periodic
reports detailing the state's progress in adhering to the articles of the CEDAW should be no more
than seventy-five pages in length and should focus on the specific period of time since the state's
last report.[10] States party to the CEDAW are typically required to provide periodic reports every
four years, but if the committee is concerned about the situation in that state they can request a
report at any time.[8]
The committee chooses which reports to address by considering factors such as the amount of
time the report has been pending, whether the report is initial or periodic (with more priority
given to initial reports), and from which region the report originates.[10] Eight states are invited to
give their reports during each session and it is required a representative from the state is in
attendance when the report is presented.[10] The committee focuses on constructive dialogue
when a report is presented, and appreciates careful time management on the part of the state

presenting its report.[10] Due to the high backlog of overdue reports the committee has
encouraged states to combine all of their outstanding reports into one document, and sends
reminders to states who have reports five years overdue.[10] The CEDAW also requires that the
committee provide an annual report that includes its activities, comments relating to the reports
provided by states, information relating to the Optional Protocol of the CEDAW, and any other
general suggestions or recommendations the committee has made.[10] This report is given to the
United Nations General Assembly through the Economic and Social Council.[10] All reports,
agendas and other official documents pertaining to the committee, including the reports provided
by the states, are provided to the public unless otherwise decided by the committee.[10]

General Recommendations[edit]
Along with issuing its annual report and offering advice to reporting states, the committee has
the ability to issue general recommendations that elaborate on its views of the obligations
imposed by CEDAW.[13] To date, the committee has issued twenty-five general recommendations,
the latest dealing with the committee's interpretation of the CEDAW's obligations relating to
women's role in public life, and women's access to healthcare.[13] The recommendations issued by
the committee in its first decade were short and dealt mainly with the content of states reports
and reservations to the convention.[13] Since 1991, however, recommendations have been focused
on guiding states application of the CEDAW in specific situations.[13] The formulation of a
general recommendation begins with dialogue between the committee on the topic in the
recommendation with various non-governmental organizations and other U.N. bodies.[13] The
recommendation is then drafted by a member of the committee and discussed and revised in the
next session, and finally adopted in the following session.[13]
In 2013, the Committee on the Elimination of Discrimination against Women said in a general
recommendation that states that have ratified the UN Womens Rights Convention are obliged to
uphold womens rights before, during, and after conflict when they are directly involved in
fighting, and/or are providing peacekeeping troops or donor assistance for conflict prevention,
humanitarian aid or post-conflict reconstruction.[14] The Committee also stated that ratifying
states should exercise due diligence in ensuring that non-state actors, such as armed groups and
private security contractors, be held accountable for crimes against women.[14]

Changes in the committee[edit]

For the first ten years the committee operated significantly differently from now. The only form
of censure given to the committee by the CEDAW was their general recommendations and
concluding comments following a report.[15] Due to the emergence of the Global Campaign for
Women's Human Rights in 1991 more attention was given to the CEDAW, reviving the
committee.[15] The committee made changes to the CEDAW that allowed it to meet more than
once a year, and have taken advantage of this by meeting at least twice a year since 1997.[15] The
committee originally only met for two weeks in its annual sessions, but that has now been
changed to meeting multiple times a year in eighteen day sessions.[12] CEDAW also gained new
complaint and inquiry proceedings allowing the committee to initiate inquiry proceedings if it
believes a state is in severe violation of the articles of the CEDAW.[15]

Recommendations for improvement[edit]

Despite evolving since the committee was first formed, members believe there are ways in which
the committee can better meet the goals outlined in the CEDAW.[8] One of the committee's main
goals moving forward is expanding its information base, allowing it to more effectively deal with
issues that arise concerning the CEDAW.[8] The committee is authorized in Article 22 of the
CEDAW to invite specialized U.N. agencies such as the United Nations Development
Programme to deliver reports discussing women's rights issues in the state under discussion.[8]
Another method for gathering information is requesting reports from non-governmental
organizations dealing with discrimination against women that are operating in the country under
discussion.[8] This is recommended to insure that the committee is receiving the full, unbiased
picture of affairs within the reporting state.[8]
Another recommendation for improvement involves interpreting and clarifying the language
used in the CEDAW in order to make the document as useful as it can be.[8] A third improvement
that has been suggested is improving the efficiency of the committee.[8] Due to the backlog in
reports faced by the committee it has been suggested that the government officials who prepare
reports presented to the committee should be trained, in order to make all reports uniform and
more easily processed.[8] A final suggestion for improvement is the implementation of a right of
petition in the CEDAW, allowing the committee to hear complaints from citizens of a state
against the state, increasing the committee's strength and direct impact on the problem of
discrimination against women.[8]

Languages[edit]
The official languages of the committee are English, Arabic, French, Russian, and Spanish, with
any statement made in one of the official languages translated into the other four.[10] A speaker
who does not speak one of the official languages provides a translator.[10] All formal decisions
and documents issued by the committee are provided in each of the official languages.[10] The
original rules of procedure adopted by the committee did not include Arabic as an official
language, but the rule was amended in the committees second session to include Arabic.[9]

Members and Officers of the Committee[edit]

Twenty-three members serve on the committee, described as experts for their experience and
expertise in women's issues.[16] The members are nominated by their national governments and
elected through a secret ballot by states party to the convention.[16] Upon winning the election
and taking up their responsibilities the members of the committee recite the following statement,
known as the solemn declaration, I solemnly declare that I shall perform my duties and exercise
powers as a member of the Committee on the Elimination of Discrimination against Women
honourably, faithfully, impartially and conscientiously.[10] The members come from a wide
range of occupations including doctors, lawyers, diplomats and educators, providing various
viewpoints to the committee due to their diversity.[16] Many members continue to hold full-time
jobs outside the committee and receive little monetary payment for their work on the committee.
[16]

To insure that the nationality of members encompasses all the diverse states who have signed the
CEDAW, members are elected according to regions divided into Latin America and the
Caribbean, Africa, Asia, Western Europe, and Eastern Europe.[16] The members of the committee
differ from those of other treaty bodies of the United Nations in that they have all been women
with only one exception.[8] In the event a member of the committee is unable to continue serving
on the committee before her term is up the state that had nominated the resigning member shall
nominate another expert from their country to fill in her seat.[10] Committee members and experts
also attend an annual luncheon, hosted by the NGO Committee on the Status of Women, NY
(NGO CSW/NY), where key issues are discusses and the efforts of the committee are honored.[17]
Officers of the Committee
The officers of the committee are composed of a chairperson, three vice-chairpersons and a
rapporteur.[18] Officers of the committee are nominated by another member of the committee, as
opposed to a government which nominates members for the committee.[9] All officers are elected
by majority vote to a two-year term of office, and remain eligible for re-election after their term
expires.[10] The chairperson's duties include declaring a meeting to be open or closed, directing
the discussion in a session, announcing decisions made by the committee, preparing agendas in
consultation with the secretary-general, designating the members of pre-sessional working
groups and representing the committee at United Nations meetings which the committee is
invited to participate in.[10] In the case the chairperson is unable to perform any her duties she
designates one of the three vice-chairpersons to take over her role. If the chairperson fails to
designate a vice-chairperson prior to her absence then the vice-chairperson with the first name in
English alphabetical order takes over.[10] In the event an officer is unable to continue serving on
the committee before her term expires a new officer from the same region as the original officer
shall be nominated, elected and will take over the vacated office.[10] As of January 2013, the 23
members are: