Two (2) Lessons learnt from CEDAW

1
Two (2) Lessons learnt from CEDAW

• Ivy Josiah IWRAW ASIA PACIFIC
• Follow me on twitter _at_ ivyjosiah
• E-mail iwraw-ap_at_iwraw-ap.org, iwraw_ap_at_yahoo.com
  Website www.iwraw-ap.org

2
International Womens 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.

3
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.

4
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

5
(No Transcript)
6
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

7
Lesson 1 Understanding Using Three Principles

• The CEDAW Convention establishes a framework
  that draws on three over-arching principles.
• SUBSTANTIVE EQUALITY
• NON-DISCRIMINATION
• STATE OBLIGATION

8
Structure of the Convention
Articles 1-5 General Substantive Framework of
the Convention
Arts 6-16 Specific Substantive Areas
Articles 17-23 Committee and Procedures
Articles 23-30 Administration, Interpretation
9
(No Transcript)
10
The Principle of Substantive Equality

• 3 APPROCAHES TO EQUALITY
• Formal or Sameness Approach
• Protectionist Approach
• Substantive Equality

11
Substantive Equality

• 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

12
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

13
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.

14
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

15
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

16
What is Intersectionality?
17
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

18
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

19
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.

20
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.
•  

21
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

22
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.

23
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

24

• Cross fertilize the information
• Use it for other reports and reporting mechanisms
  both at national and international levels eg UPR,
  other treaty body reviews

25
CEDAW response to disabilities

• The depth of the Committees 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.

26
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.

27
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

28
Civil Society activities and activism

• Monitoring
• Documentation case studies
• Civil society coalitions solidarity building
• Media advocacy- feature stories
• Briefing papers

29

• 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.

30
(No Transcript)
31
(No Transcript)