COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part II. International Human Rights. 5/8   
4. The Convention on the Elimination of Discrimination Against Women
The United Nations General Assembly adopted the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) in December 1979. It entered into
force in September 1981. Under Article 2 of the Women's Convention states assume
"obligations to act by a specific means toward the achievement of aspirational
goals and obligations to achieve results by whatever means are determined to be
appropriate."
The means specified in Article 2 requires states:
- To embody the principle of equality of men and women in their national constitutions or
other appropriate legislation if not yet incorporated therein, and to ensure, through law
and other appropriate means, the practical realization of the principle;
- To adopt appropriate legislative and other measures, including sanctions where
appropriate, prohibiting discrimination against women;
- To establish legal protection of the rights of women on an equal basis with men and to
ensure through competent national tribunal and other public institutions the effective
protection of women from any act of discrimination;
- To refrain from engaging in any act or practice of discrimination against women and to
ensure that public authorities and institutions shall act in conformity with their
obligations;
- To take all appropriate measures, including legislation, to modify or abolish existing
laws, regulations, customs and practices which constitute discrimination against women;
and
- To repeal all national penal provisions which constitute discrimination against women.
4.1 The Committee on the Elimination of Discrimination Against Women
The Committee on the Elimination of Discrimination Against Women (CEDAW) was
established to monitor compliance with the Women's Convention. The Committee is composed
of twenty-three experts in the fields covered by the Convention. Experts are elected by
the state parties to the Convention for a term of four years and serve in their personal
capacity.
Individuals and groups do not have formal access to the monitoring process. However,
the committee willingly receives NGO information on an informal basis and in its
discretion will receive and consider communications from individuals and groups. Some
advocates submit information in the form of Shadow or Alternative Country Reports,
presenting their own views on the human rights of women in their
country.
Pursuant to article 17 of the Convention on the Elimination of All Forms of
Discrimination against Women, the task of the Committee on the Elimination of
Discrimination Against Women (CEDAW) is to consider the progress made in the
implementation of the Convention.
4.2 Reporting Procedures
Article 18 of the Convention obliges States Parties to submit reports to the Committee
within one year of the Convention coming into effect, whenever the Committee so requests.
The reports should indicate factors and difficulties affecting the degree of fulfilment of
the obligations which have been undertaken, as well as the legislative, judicial and
administrative or other measures which have been adopted to give effect to the provisions
of the Convention. Reports are introduced by Government representatives who are asked for
an explanation and supplemental information. The Committee may take suggestions of
an informal nature regarding specific countries or general situations and general comments
of a formal nature regarding general situations. At the outset of each session, the
Committee adopts concluding comments, which resemble those adopted by the Human Rights
Committee. CEDAW reports annually to the General Assembly, via the Economic and Social
Committee, on its consideration of country reports.
In 1987, CEDAW decided that it was authorised to make suggestions and general
recommendations addressed to individual States. This decision constitutes a major advance
over other human rights treaty committees that have not yet decided to issue formal
comments on individual States.
Since this mechanism is also based on States reports, it is crucial, if it is meant to
be effective, that the Committee has recourse to information, in addition to the reporting
governments. CEDAW left ambiguous whether its decision authorises consideration of
information concerning practices of individual States that appear to violate the
Convention. Such a construction undoubtedly would enhance CEDAW's review of reports and
should be pressed. NGOs constitute, in this manner, a rich source of information and
procedural suggestions.
4.3 Exceptional Reporting Procedure
Pursuant to article 18 of the Convention, the Committee requested in 1993, reports on
an exceptional basis from certain States of the former Yugoslavia. With regard to the
reports, which have been submitted by these States, the Committee has adopted the
procedure of:
a) Tabling the reports at the upcoming session without sending them for attention of
the working group;
b) Permitting the State representatives to orally introduce the report at the session;
c) Inviting questions by members;
d) Permitting responses by the State representatives;
e) Adopting and publishing brief comments for inclusion in the annual report, together
with a summary of the discussions in the case of periodic reports.
4.4 Commission on the Status of Women
The Commission on the Status of Women was established by the Economic and Social
Council(ECOSOC) in 1946. The 32 members are representatives of their Governments. Its
original charge was to prepare recommendations and reports to ECOSOC on promoting women's
rights in different fields.
Currently, the Commission's major function is to promote the role of women in economic
and social development adopted by the world conferences. It regularly adopts resolutions
on topics such as elimination of discrimination against women and exercise of all their
rights, women and development, elderly women, etc. A second function of the Commission is
to make recommendations, via ECOSOC to the Secretary-General and appropriate UN-Bodies
concerning increased participation of women within the UN system and implementation and
co-ordination of UN programs to advance the rights of women. Since 1987, the Commission
assumes a third function, namely, making policy recommendations to ECOSOC concerning
priority themes of the Forward-looking Strategies for the Advancement of Women[36].
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36. Adopted by the World Conference to Review and Appraise the
Achievements of the UN Decade for Women, held in Nairobi in July 1985.
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