CEDAW FAQs

Frequently Asked Questions About:

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Basics

What is the Convention on the Elimination of All Forms of Discrimination against Women?
What is the overall goal of CEDAW?
Why does CEDAW specifically condemn discrimination against women?
Don't other international human rights treaties already protect women from discrimination?
When was CEDAW adopted?
What does CEDAW require of States?
What fundamental principles inform CEDAW?
What does "substantive equality" mean?
What does non-discrimination involve?
What does the principle of state obligation entail?
Has CEDAW been 'domesticated' in Ghana?

Basics

What is the Convention on the Elimination of All Forms of Discrimination against Women? The Convention, known as CEDAW for short, is an international Treaty, adopted by the United Nations, which calls on States that have ratified the Convention to eliminate all forms of discrimination against women. In essence, the Convention serves as an international bill of rights for women. Top

What is the overall goal of CEDAW? According to the UN’s CEDAW website, “The Convention provides the basis for realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life – including the right to vote and to stand for election – as well as education, health and employment.” Top

Why does CEDAW specifically condemn discrimination against women? As the Preamble to CEDAW declares, discrimination against women “is an obstacle to the participation of women, on equal terms with men, in the political, social, economic, and cultural life of their countries, hampers the growth of the prosperity of society and the family, and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity.” Top

Don't other international human rights treaties already protect women from discrimination? Yes. However, CEDAW is unique in that it sets down in detail the specific rights that respect for gender equality entails, and requires States Parties to modify or abolish legislation, policies, social attitudes, and cultural practices that are premised on the superiority or inferiority of either sex. Top

When was CEDAW adopted? CEDAW was adopted by the United Nations General Assembly on 19 December 1979. However, the Convention did not come into force until 3 September 1981. Top

What does CEDAW require of States? CEDAW calls on States that have ratified the Convention to enshrine gender equality in their domestic legal systems, establish tribunals and public institutions to ensure that women are effectively protected against discrimination, and repeal all legal provisions which discriminate against women. Top

What fundamental principles inform CEDAW? There are three organizing principles that inform CEDAW: substantive equality, non-discrimination and state obligation. Top

What does "substantive equality" mean? CEDAW is informed by an understanding of equality that is often known as “substantive equality.” On this understanding, equality is about much more than formal, legalistic equality between the sexes – it requires ensuring that laws and policies actually effect men and women in equal ways. Top

What does non-discrimination involve? The Convention defines discrimination against women as “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.” Top

What does the principle of state obligation entail? Parties to the Convention are legally bound by its terms. This means that once a State accepts the terms of the Treaty through the legal process of ratification, that State is legally bound to ensure that its laws and practices are harmonised with the principles of the Convention. Top

Has CEDAW been 'domesticated' in Ghana? No, Ghana has not incorporated the Treaty into domestic law. However, Ghana’s Constitution allows judges and magistrates to refer to international conventions such as CEDAW in their judgements. Top

CEDAW's protections and obligations

What sort of rights does the Convention protect? CEDAW protects women’s rights in a whole host of areas. For example, the Convention asserts women’s civil, political, economic, social, and cultural rights, including rights surrounding citizenship, education, employment and labour, health and reproduction, and marriage and family life. Top

Does the Convention just concentrate on contributing to gender equality by ensuring respect for women's legal rights? No, CEDAW also seeks to challenge cultural attitudes which legitimize gender discrimination. As the Preamble to the Convention puts it, “a change in the traditional role of men as well as the role of women in society and the family is needed to achieve full equality between men and women.” Top

What else does CEDAW require of States? In addition to laying out specific rights to non-discrimination, the Convention also requires States to take all appropriate measures, particularly in the political, social, economic, and cultural fields, to ensure the full development and advancement of women. Such measures, which are necessary to enable respect for women’s equality, include strengthening the rule of law and improving public infrastructure. Top

Under CEDAW, are States Parties allowed to take temporary special measures to correct past discrimination and achieve de facto gender equality? Yes, Article 4 of the Convention specifically states that such affirmative action measures are allowed and will not be considered discrimination as defined by the Convention. Top

Does CEDAW require States to eliminate gender discrimination being perpetrated by private individuals or organizations within their borders? Yes. As its name would indicate, CEDAW requires States to eliminate all forms of discrimination against women, not just those that are perpetrated by State governments. Top

OP-CEDAW

What is the Optional Protocol to CEDAW? The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international treaty which provides complaint and inquiry mechanisms designed to ensure compliance with CEDAW.
OP-CEDAW was adopted by the United Nations General Assembly on 6 October 1999, and came into force on 22 December 2000. Top

Review

Is there a body that monitors States' compliance with the CEDAW? Yes, OP-CEDAW establishes a Committee on the Elimination of Discrimination against Women, which inquires into “grave or systematic violations” of the Convention, and which parties to the Protocol allow to hear complaints from individual women who feel their rights as enshrined in CEDAW have been violated. Top

How is the Committee's membership determined? The Committee is composed of 23 experts who are elected by secret ballot from a list of persons “of high moral standing and competence in the field covered by the convention”, and who are first nominated by States Parties. In electing persons to the Committee, consideration is given to ensuring that all the world’s geographical regions and legal systems are equitably represented. Top

What is the reporting process under CEDAW like? States Parties to CEDAW must submit reports to the Committee at least once every four years. These reports must contain a comprehensive mapping of progress in achieving gender equality, including detailed information about legislative, judicial, administrative, and other measures that have been taken to implement CEDAW. Top

How are States Parties' reports reviewed? CEDAW review sessions are held several times per year, and are dedicated to reviewing the periodic reports of states. At the review, the reporting State’s delegation engages in dialogue with Committee members. Top

What is the result of the review? At the conclusion of the review process, the Committee produces a report in the form of “Concluding Observations” on the State party’s report. The Committee’s Concluding Observations note successful steps that have been taken to achieve gender equality, and also identify the most critical measures that need to be taken in the future in order to fully implement the Convention. Top

The role of NGOs

Can NGOs play any role in the review process? Yes. The Committee, in considering the report, draws on information provided by UN agencies and women’s NGOs from the reporting countries. There are specific meeting times set aside during the review sessions for the Committee to hold discussions with women’s rights NGOs. Top

What is a "Shadow Report"? A Shadow Report is a report produced by an NGO that parallels and supplements, but may also criticize, the report provided by the State party. Since Shadow Reports provide treaty monitoring bodies with valuable information documenting the government’s human rights record from a civil society perspective, the shadow reporting process plays a critical role in monitoring the implementation of human rights treaties. Top

Is NGO involvement appreciated? Yes, the CEDAW Committee encourages NGOs to present Shadow or Alternative Reports (an Alternative Report is the name given to an NGO report made despite the NGO being unable to obtain a copy of the State’s official report). Governments are encouraged by the Committee to involve NGOs in the report preparation stages as governments are often disinclined to be self-critical. Top

How should Shadow/Alternative Reports be produced? An effective Shadow/Alternative Report can focus on one or several selected articles of the Convention. In addition, while a single NGO can create an effective Report acting alone, it is highly recommended that NGOs work collaboratively with several other organizations to ensure that the Report includes expert critique over a wide range of areas covered by the Convention. Top

Where should a Shadow Report be sent? Shadow Reports should be sent to the Office of the High Commissioner for Human Rights at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . Forty hard copies should be sent at least one week before the opening of the CEDAW Session. (Schedules of sessions are available on CEDAW’s website @ http://www.un.org/womenwatch/daw/cedaw/)
Physical mail can also be sent to the CEDAW Secretariat’s mailing address:

CEDAW Secretariat
UNOG-OHCHR
CH-1211 Geneva 10
Switzerland

Where can one go for help in writing a Shadow Report? Frequently Asked Questions on writing a CEDAW Shadow Report are available elsewhere on our website www.wildaf.org.

In addition, the International Women’s Rights Action Watch (IWRAW-AP) provides support to NGOs to develop Shadow and Alternative Reports. IWRAW-AP also trains NGOs under its “Global to Local” initiative to help them better engage with the CEDAW review process.

IWRAW-AP may be contacted at:

International Women’s Rights Action Watch Asia Pacific (IWRAW-AP)
80-B Jalan Bangsan
59200 Kuala Lumpur
Malaysia
Tel: (603) 2282 2255
Fax: (603) 2283 2552
www.iwraw-ap.org
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

WiLDAF Ghana has also produced a “Toolkit on CEDAW ” that provides detailed information on how to craft and disseminate an effective Shadow or Alternative Report, as well as additional information on CEDAW generally.Top