Two (2) Lessons learnt from CEDAW

Ivy Josiah Ivy Josiah IWRAW ASIA PACIFIC IWRAW ASIA PACIFIC

Follow me on twitter @ ivyjosiahFollow me on twitter @ ivyjosiah

E-mail: iwraw-ap@iwraw-ap.org, iwraw_ap@yahoo.comWebsite: www.iwraw-ap.org

International Women’s Right Action Watch Asia Pacific

Established in 1993, when a group of Asian women, recognising the potential of the CEDAW Convention for implementing the human rights of women, worked to set up an independent human rights organisation in Malaysia.

The name IWRAW was derived, with approval, from a pre-existing programme known as IWRAW based in Minnesota, USA . However, both organisations are autonomous of each other.

IWRAW Asia Pacific.

IWRAW Asia Pacific

By making the link with activism taking place at the international level, IWRAW Asia Pacific expected to promote an effective flow of information on the CEDAW Convention between the local and the global levels.

This would enable women to monitor and facilitate the implementation of the Convention domestically and utilise it to advance their interests, while contributing to standard-setting at the international level.

IWRAW Asia Pacific.

IWRAW Asia Pacific

Enhancing Realisation of Rights Strategy Global to Local programme

Participation of women in the review of their government by the CEDAW Committee including training for women human rights activists in preparation for the CEDAW review, attendance at the CEDAW Committee review process, supporting and strengthening national CEDAW implementation processes, and development of Training and Promotional Materials

IWRAW Asia Pacific.

IWRAW Asia Pacific.

IWRAW Asia Pacific

We provide substantive and logistic support to participate in CEDAW Sessions in Geneva or New York for over

IWRAW has facilitated the participation of women with disabilities from Sweden, Turkey, Bangaldesh, Korea, Australia, Zambia, Jordon

IWRAW Asia Pacific.

Lesson 1 : Understanding & Using Three Principles

The CEDAW Convention establishes a framework that draws on three over-arching principles.

SUBSTANTIVE EQUALITYSUBSTANTIVE EQUALITY

NON-DISCRIMINATIONNON-DISCRIMINATION

STATE OBLIGATIONSTATE OBLIGATION

IWRAW Asia Pacific

Structure of the Convention

:

Articles 17-23Committee and Procedures

Arts 6-16: Specific Substantive Areas

Articles 1-5: General Substantive Framework of the Convention

Articles 23-30: Administration, Interpretation

Article 1

Definition of discrimination

Article 2 Policy

measures for State

Article 3 Guarantee of equality

Article 4 Temporary

special measures

Article 5 Sex roles and stereotyping

Article 6 Prostitution

Article 7 Political and

public life

Article 8 Participation at

international level

Article 9 Nationality Article 10

Education

Article 11 Employment

Article 12 Health care

Article 13 Economic and

social life

Article 14 Rural women

Article 15 Equality before

the law

Article 16 Marriage and

family law

Non-discrimination

State obligation

Substantive equality

The Principle of Substantive Equality

3 APPROCAHES TO EQUALITY

Formal or Sameness Approach

Protectionist Approach

Substantive Equality

IWRAW Asia Pacific.

Substantive Equality

1. Recognizes difference and affirms equality between men and women

2. Encompasses both de jure and de facto equality

3. Places an obligation to correct the environment that disadvantages women; the Corrective Approach.

Preferential access to girls and women Temporary special measures Focus on achieving results

Substantive Equality

. Makes the playing field even by requiring all initiatives to lead to:

Equality of opportunities

Equality of access

Equality of results or benefits

IWRAW Asia Pacific.

The Principle of Non-discrimination: Article 1

For the purpose of the present Convention, 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.

NON –DISCRIMINATION

Direct or Indirect (Intended or Unintended) – e.g neutral law which has effect of discriminating

In law (de jure) or in practice (de facto)

Present or Past/Structural (e.g. historical discrimination)

In all fields (civil, political, social, cultural, economic)

Intersectional/Multiple Discrimination

The use of an Intersectional Analysis By shifting the focus from the singular status

of disability to the way in which disability interacts with gender, intersectionality allows human rights advocates to identify and articulate a set of robust standards relating to women with disabilities that can be applied to states.

Article 6 of the CRPD refers to the above

What is Intersectionality?

Refugee

Poor

Woman Stateless

HIV +

im Sexual Minority

ened Non English Speaker

Ethnic Minority

Daughter

Migrant

Rurally Located

Mother

Disabled Person

Religious Minority

Married

The Principle of State Obligation The framework within which we hold States accountable:

State Obligation Legally binding obligations Internal law is not an excuse for non-compliance

Who is the State Party? ALL CONSTITUENT UNITS Internal divisions of power cannot be invoked as a

defense A State is offering itself to scrutiny on the basis of

standards set forth in the Convention

Private Actors

CEDAW holds private actors accountable through the State

The State must: (a) prevent and deter private acts of discrimination; (b) investigate and negate their consequences; (c) provide for remedies, redress, compensation or

sanctions for the performance of such acts.

Violations by private actors of a pervasive or persistent character

General Recommendations by CEDAW

GR 18 recommends that States Parties to the CEDAW take measures to address the equal access of women with disabilities to education, employment, health services, and social services and to ensure the participation of women with disabilities in all areas of political, social and cultural life

GR 24 analyzes the right to health in the context of women with disabilities and instructs states to “take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.”

IWRAW Asia Pacific. July 2009

Lesson 2 : Creates Advocacy 0pportunities for Civil Society

Concluding Observation for MONTENEGRO 2011

30. The Committee is concerned about the low prevalence of contraceptives and inadequate access to sexual and reproductive health services and information, especially for disabled women, Roma, Ashkali and Egyptian women and displaced/refugee women, in particular in rural areas.

It also notes with concern that education on sexual and reproductive health and rights at the secondary level is only optional.

 

IWRAW Asia Pacific.

Concluding Observation for MONTENEGRO 2011

31. By reference to its general recommendation No. 24 (1999), the Committee calls on the State party to:

(a) Ensure that all women and girls, including women with disabilities, Roma, Ashkali and Egyptian women, and displaced/refugee women, have free and

adequate access to contraceptives, sexual and reproductive health services and information in accessible formats, including in rural areas;

IWRAW Asia Pacific. July 2009

Concluding Observation for MONTENEGRO 2011

(b) Raise awareness, through education campaigns, enhanced counselling services and the media, about the importance of using contraceptives for family planning and the prevention of sexually transmitted diseases, including HIV/AIDS; and

(c) Include mandatory education on sexual and reproductive health and rights in the regular school curricula at the secondary level.

IWRAW Asia Pacific. July 2009

What are we to do with a concluding observation?

Popularize it – Disseminate in all languages

Include in a Memorandum

Remind your government – press statements, at meetings

IWRAW Asia Pacific. July 2009

Cross fertilize the information

Use it for other reports and reporting mechanisms both at national and international levels eg UPR, other treaty body reviews

IWRAW Asia Pacific. July 2009

CEDAW response to disabilities

The depth of the Committee’s comments on women with disabilities in its Concluding Observations to the reporting State Party is dependent on, and often limited by, the information provided by State Party itself.

The Committee tends to ask for additional information on women with disabilities in its list of issues for review when information is volunteered on disability in the State Party report.

Conversely, if disability is not mentioned, it tends to be omitted.

IWRAW Asia Pacific. July 2009

CEDAW response to disabilities

Although they are not legally binding, by providing a clearer standard of compliance for State Parties, the Concluding Observations can be more specific as to what State behavior is acceptable and what it not, which in turn contributes to the development of clearer standards by which to judge the States Parties.

IWRAW Asia Pacific. July 2009

National activism

Civil society activism starts way before Geneva or New York -Global to Local

It is not only about engaging in UN mechanisms but national activism

The principles and progressive interpretations of the CEDAW committee have relevance in our every day work A family court case in Malaysia

IWRAW Asia Pacific.

Civil Society activities and activism Monitoring Documentation – case studies

Civil society coalitions – solidarity building

Media advocacy- feature stories Briefing papers

IWRAW Asia Pacific.

The track record of most states in honoring their obligations under other treaties such as CEDAW indicates that there is likely to be much work to be done by civil society.

By examining and articulating the rights standards from CEDAW as they apply to women with disabilities, advocates can work to promote, protect, fulfill the rights of women with disabilities.

IWRAW Asia Pacific. July 2009

IWRAW Asia Pacific.

IWRAW Asia Pacific.