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CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Author: Simran, II year of B.A.,LL.B. from Geeta Institute of Law

Co-author: Rashi Rathi, II year of B.A.,LL.B. from Geeta Institute of Law


It entered into force as an international treaty on September 3, 1981, after being ratified by a 20th country. By his 10th anniversary of the 1989 Convention, about 100 countries had agreed to be bound by its provisions. The Convention is the culmination of more than 30 years of work by her United Nations Commission on the Status of Women, established in 1946, to monitor the situation of women and promote their rights. The Commission's work has helped to clarify all areas where women are denied equality with men. These efforts to advance women have resulted in several declarations and conventionsrice field.


The Convention on the Elimination of All Forms of Discrimination against Women is its central and most comprehensive instrument.Among the international human rights treaties, the treaty occupies an important place by putting women, who make up half of humanity, at the forefront of human rights issues. The spirit of the Convention is rooted in the United Nations goal of reaffirming belief in fundamental human rights, human dignity and worth, and equality between men and women. This document explains what equality means and how it can be achieved. As such, the Convention not only creates an international charter of women's rights, but also national action plans to ensure the enjoyment of these rights. The Convention clearly acknowledges in its preamble that "extensive discrimination against women continues" and emphasizes that such discrimination is "contrary to the principle of equality and respect for human dignity".


As defined in Article 1, discrimination is defined as “any distinction, exclusion or restriction made on the basis of sex in the political, economic, social, cultural, civil orother sphere”. understood. The Convention urges States parties to “take all appropriate measures, including legislation, to ensure the full development and progress of women and to guarantee the exercise and enjoyment of their human rights and fundamental freedoms on an equal basis with them. It explicitly reaffirms the principle of equality by asking us to "take action." men” (Article 3). The equality agenda is set out in a series of fourteen articles. In its approach, the Convention covers three aspects of a woman's situation. Civil rights and the status of women are discussed in detail. Furthermore, unlike other human rights treaties, this treaty also addresses aspects of human reproduction and the impact of cultural factors on gender relations. The legal status of women gets the most attention. Concerns about fundamental rights to political participation have not diminished since the 1952 Convention on the Political Rights of Women.


That provision is therefore repeated in Article 7 of this document, guaranteeing the right of women to vote, hold public office and hold public office. This includes the equal right of women to represent their countries at the international level (Article 8). The Convention on the Nationality of Married Women, passed in 1957, is incorporated into Article 9, which provides for the sovereignty of women irrespective of their marital status. The Convention thus notes that a woman's legal status is often tied to marriage, making her dependent on her husband's nationality rather than on her own rights. Articles 10, 11 and 13 each affirm women's right to non-discrimination in education, employment, economic and social activities. As referred to in Article 14, these demands regarding the situation of rural women are of particular importance, and her particular struggles and important economic contributions deserve more attention in policy making. I have. Article 15 affirms the full equality of women in civil and business matters and states that all instruments aimed at restricting women's legal and legal capacity are "deemed null and void". I am requesting. and family back relationships, exercising equal rights and duties of women and men in choosing a spouse, parental and personal rights, and disposition of assets Apart from civil rights issues, the Convention also pays close attention to a very important concern of women: women's reproductive rights. The link between discrimination and women's reproductive roles is a recurring issue of concern in the Convention. For example, in Article 5, she calls for a "proper understanding of motherhood as a social function" and calls for men and women to take full joint and several responsibilities for raising children. Therefore, provisions on maternity protection and child care have been declared essential rights and are included in all areas of the Convention, including employment, family law, core health and education. Social obligations extend to the provision of social services, particularly childcare facilities, that enable individuals to reconcile family obligations with work and participation in public life. Special maternity protection measures are recommended and "should not be considered discriminatory"(Article 4). “The Convention also affirms women's right to reproductive choices, and in particular is the only human rights treaty to mention family planning. States parties are obliged to include family planning counseling in the educational process (art. 10.h) and guarantee “the right of women to freely and responsibly determine the number and spacing of their children and to access information”.


You are obliged to create family norms. Formally recognizing restrictions on women from enjoying their fundamental rights, these powers of hers are shaped into stereotypes, customs and norms, resulting in a variety of legal, political and economic Barriers to Women's Active Participation Given this interrelationship, the Preamble to the Convention stresses that "the achievement of full equality between men and women requires a change in the traditional roles of men and women in society and in the family". doing. States parties, therefore, should “enforce the social and cultural women have an obligation to work towards changing their behavioral patterns” (Article 5). And Article 10c. requires revision of textbooks, school programs and teaching methods to eliminate stereotypes in education. All provisions of the Convention affirming the equal responsibilities of men and women in family life and the equal rights to education and employment were strongly targeted. Overall, the Convention created and perpetuated gender discrimination. Implementation of the Convention is monitored by the Committee on the Elimination of Discrimination against Women (CEDAW). The powers of the Commission and the operation of the Convention are defined in Articles 17 to 30 of the Convention. The Commission is composed of 23 experts nominated by governments and elected by States parties as persons "of high moral standing and competence in the field covered by the Convention".States parties are expected to submit to the Commission, at least every four years, national reports detailing the steps they have taken to implement the provisions of the Convention. Commission members discuss these reports with government officials at their annual meetings and explore with them areas for further action in their countries. The Committee also makes general recommendations to the State party on issues related to the elimination of discrimination against women.


It is often referred to as the International Charter of Women's Rights. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets an agenda for national action to end such discrimination. The Convention defines discrimination against women as: Respect for equality, human rights and fundamental freedoms between men and women, whether political, economic, social, cultural, civil or otherwise” Commit to take many steps to end forms of discrimination against women Integrate the principle of gender equality into the legal system, repeal all discriminatory laws and pass appropriate laws prohibiting discrimination against women Yes Establish courts and other public institutions Establish facilities to ensure effective social security Ensure women are protected from discrimination. Ensure the elimination of all acts of discrimination against women by individuals, organizations or businesses.The Convention achieves equality between women and men by ensuring equal access and equality of opportunity for women in political and public life, including education, health and employment, as well as the right to vote and stand for election. form the basis for States Parties agree to take all appropriate measures, including legislation and special temporary measures, to ensure that women can fully enjoy their human rights and fundamental freedoms.


The Convention is the only human rights treaty that affirms women's reproductive rights and targets culture and tradition as powerful forces shaping gender roles and family relationships. It affirms the right of women to acquire, change and retain nationality, as well as the right to retain the nationality of their children. The Parties also agree to take appropriate measures against all forms of trafficking and exploitation of women. States that have ratified or acceded to the Convention have a legal obligation to implement its provisions. We also undertake to submit, at least every four years, a country-by-country report on the steps taken to fulfill our contractual obligations.


The principal members or parties to the Convention are all United Nations Member States, with the exception of the six Member States, which have not ratified the Convention: Iran, Palau, Somalia, Sudan, Tonga, and the United States. By signing the Convention, States agree to take a series of measures to eliminate all forms of discrimination against women, including:

1.) Laws prohibiting discrimination against women.

2.) Establish courts and other public institutions to effectively protect women from discrimination.

3.) ensure the elimination of all acts of discrimination against women by individuals, organizations or businesses;

The Convention aims to recognize all forms of discrimination against women in the civil, political, social, economic, legal and cultural life of each country.


Furthermore, it seeks to ensure equal treatment of men and women by raising awareness of the changes needed. The convention covers all aspects of women's lives. CEDAW has the Sustainable Development Goals accepted by UN leaders in 2015. With the 2030 Agenda for Sustainable Development and 17 Sustainable Development Goals (SDG), they aim for the next 15 years (SDG). This agenda aims to achieve gender equality by empowering women and eliminating all forms of discrimination against them. Gender equality has received a lot of attention in the pursuit of sustainable development and is linked to all SDGs.Leaders, along with the SDGs and CEDAW, will join forces with the Human Rights Foundation to ensure gender equality, empower all girls and women, and address and implement accountability measures to combat all forms of discrimination. was established.

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