The Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 by the UN General Assembly and entered into force on 3 September 1981.

In order to achieve its aim, the Convention provides a definition of discrimination. Art. 1 reads as follows:

[…] the term “discrimination against women” shall mean 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.

The Convention includes a wide range of measures that States parties should undertake to end discrimination against women. For example, Art. 2 requires:

  • To embody the principle of the equality of men and women in national constitutions and to ensure, through law and other appropriate means, the practical realization of this principle
  • To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women
  • To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
  • To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women

Several fields are taken into account: representation and participation in political and social life (part. II); education, employment, health and economy (part. III); law, marriage and family life (part. IV). Significantly, Art. 4 provides the possibility for States parties to adopt “positive actions” in order to achieve equality between men and women where the initial situation between these groups is clearly different. Finally, the Convention asks for specific measures to protect women against exploitation (i.e. Art. 6).

Useful links

  • the status of ratification

http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en

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