Convention on the Elimination of All Forms of Discrimination Against Women

Convention on the Elimination of All Forms of Discrimination Against Women is a landmark international treaty adopted by the United Nations General Assembly, often described as an international bill of rights for women. It defines discrimination against women and sets an agenda for national action to end such discrimination, obligating states parties to undertake legal and policy measures. The treaty entered into force on 3 September 1981 and is overseen by the Committee on the Elimination of Discrimination against Women.

Background and history

The development of the convention was propelled by the work of the Commission on the Status of Women and gained significant momentum during the International Women's Year and the UN Decade for Women. Key drafting sessions occurred within the Third Committee of the United Nations General Assembly, with substantial contributions from delegates like Leticia Shahani of the Philippines. Its adoption in 1979 built upon foundational instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. The political context was also shaped by earlier conferences, including the 1975 World Conference on Women in Mexico City.

Main provisions

The convention comprehensively defines discrimination in Article 1 and obligates states parties to condemn it in all forms, as articulated in Article 2. Key articles mandate measures to suppress trafficking in women and exploitation (Article 6), ensure equality in political and public life (Article 7), and guarantee equal rights in nationality (Article 9). It addresses equality in education (Article 10), employment (Article 11), and health care (Article 12). The treaty also calls for the elimination of discrimination in marriage and family law (Article 16) and recognizes the particular problems faced by rural women (Article 14). Special temporary measures, such as quotas, are endorsed as a necessary strategy for accelerating equality.

States parties and reservations

With 189 states parties, the convention has near-universal ratification, though notable non-parties include the United States, Palau, and Tonga. Many states have entered reservations, often citing conflicts with Sharia law, religious law, or national constitutions. Significant reservations have been made by countries including Saudi Arabia, Egypt, and Malaysia. The Committee on the Elimination of Discrimination against Women frequently reviews and expresses concern over these reservations, urging states to withdraw them to ensure full compliance with the object and purpose of the treaty, as guided by the Vienna Convention on the Law of Treaties.

Committee on the Elimination of Discrimination against Women

The committee is the body of 23 independent experts that monitors implementation of the convention. Members are elected by states parties but serve in their personal capacity. Its core functions include reviewing periodic reports submitted by governments, issuing concluding observations, and formulating general recommendations that interpret treaty provisions. The committee typically holds sessions in Geneva or New York, often engaging with representatives from non-governmental organizations like Amnesty International and the International Women's Rights Action Watch. Its work is supported by the Office of the United Nations High Commissioner for Human Rights.

Impact and implementation

The convention has significantly influenced national legislation worldwide, prompting reforms in areas such as inheritance law, domestic violence statutes, and political participation. Landmark cases invoking its principles have been heard in courts from Colombia to Nepal. Implementation is assessed through the reporting procedure to the committee and via shadow reports from civil society. Challenges to full implementation persist, including inadequate resource allocation, patriarchal social norms, and weak judicial enforcement mechanisms. The treaty's principles are further advanced through the United Nations Development Programme and the work of UN Women.

Optional Protocol

Adopted by the United Nations General Assembly in 1999, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women provides two key procedures: a communications procedure allowing individuals or groups to submit claims of violations to the committee, and an inquiry procedure enabling the committee to investigate grave or systematic abuses. This protocol has empowered activists and human rights defenders to seek international redress, leading to precedent-setting views by the committee on issues such as maternal mortality in Hungary and sterilization abuse in Chile. As of 2023, it has 115 states parties.