THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (1979)

Introduction

The Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW, hereinafter) is an international convention that was adopted by the United
Nations General Assembly on December 18, 1979. It is referred to as an “international bill
of rights for women.” The convention is divided into six sections, with a total of 30 Articles.
It was established on September 3, 1981, and has been ratified by 189 states. Over 50 nations
have ratified the treaty subject to various declarations, reservations, and objections, including
38 countries that have rejected the application of Article 29, which addresses mechanisms of
resolving disputes concerning the interpretation or implementation of the convention.

The CEDAW follows the same format as the Convention on the Elimination of All Forms of
Racial Discrimination. In terms of the scope of its substantive requirements as well as its
internal monitoring measures.

CEDAW had been approved by 189 nations as of 2016. The draft optional
protocol incorporates the features of existing UN complaints procedures. It also incorporates
some of the practices of other UN treaty bodies that have developed as their complaint’s
procedures have been used.

The essential members or parties to the Convention are all UN members, with the exception
of six member states, Iran, Palau, Somalia, Sudan, Tonga, and the United States, which have
not ratified the convention. By signing the Convention, nations agree to adopt a number of
steps to eliminate all forms of discrimination against women, including:

1. to incorporate the principal equality of men and women in their legal system,
abolish all discriminatory laws and adopt appropriate ones prohibiting
discrimination against women;

2. to establish tribunals and other public institutions to ensure the effective

protection of women against discrimination; and
 3. to ensure the elimination of all acts of discrimination against women by
persons, organizations, or enterprises.

A brief history about the Convention

The United Nations Commission on the Status of Women (CSW) had previously worked on
women’s political rights and the minimum marriage age. Despite the fact that the 1945
United Nations Charter promotes human rights for all people, some claim that earlier U.N.
agreements on sex and gender equality were a fragmented strategy that failed to remove
general discrimination against women.

Optional protocol

Human rights treaties are frequently followed by “Optional Protocols” that either provide for
treaty procedures or address a substantive issue connected to the treaty. These protocols are
also regarded as crucial. Optional Protocols to human rights treaties are treaties in their own
right that can be signed, acceded to, or ratified by nations who are parties to the treaty. The
optional protocol to the “Convention on the Elimination of All Forms of Discrimination
against Women” includes:

Communications procedure

Individuals and groups of women have the right to protest about violations of the Convention
to the Committee on the Elimination of Discrimination against Women. This is known as the
“communications procedure.” The United Nations communications processes grant the
ability to petition or a complaint about infringement of human rights. The complaint must be
in writing under all procedures.

Need for an optional protocol

1. To enhance and expand the current procedures for enforcing women’s human
rights.

2. Strengthening states and individuals’ understanding of CEDAW.

3. To encourage states to take action to adopt CEDAW.

4. To encourage improvements in discriminatory laws and practices.

 5. To improve existing channels for human rights implementation inside the UN
system.

6. To raise public knowledge of human rights principles relating to gender

discrimination.

Importance and need of the Convention

General importance

CEDAW is frequently referred to as the “bill of rights for women.” Countries that have
ratified the convention are expected to incorporate it into their national legislation and take
the appropriate steps to guarantee that women and girls throughout the country have the
chance to enjoy equality in their lives. Even though other international treaties focus on
minimizing discrimination based on sex, as the International Covenant on Civil and Political
Rights, the CEDAW is unique in that it gives special attention to women and has formed a set
of guidelines on various aspects of women’s human rights that may contribute to
discrimination in any form.

The Convention is the only human rights treaty that recognizes women’s reproductive rights
and recognizes culture and tradition as powerful influences on gender roles and family
relationships. It affirms women’s rights to acquire, modify, or preserve their nationality, as
well as their children’s nationality. States parties further commit to take adequate action to
combat all kinds of female trafficking and exploitation. The Convention’s terms must be
implemented by countries that have ratified or acceded to it. They have also undertaken to
provide national reports on their efforts to meet their treaty obligations at least every four
years.

CEDAW’s importance to the youth

CEDAW addresses women of all ages, including elderly women, young women, and young
girls. In today’s world, both young men and women play critical roles in the implementation
of CEDAW. They are in charge of monitoring the rights and ensuring that they are respected
by both men and women. Furthermore, they are responsible for determining whether or not
rights have been infringed.
Goals and general agendas of CEDAW

The convention aims to acknowledge all forms of discrimination against women in their
respective countries’ civil, political, social, economic, legal, and cultural lives. Furthermore,
it tries to bring equitable treatment for men and women by raising awareness of the necessary
changes. The Convention covers all aspects of a woman’s life.

CEDAW has sustainable development goals, which were accepted by UN leaders in 2015.
With the 2030 Agenda for Sustainable Development and 17 Sustainable Development Goals
(SDGs), they strive for the next 15 years (SDGs). This agenda aims to achieve gender
equality by empowering women and eliminating all types of discrimination against them.
Gender equality has received a lot of attention in the pursuit of sustainable development, and
it is linked to all of the SDGs.

With the SDGs and CEDAW, world leaders have established a human rights foundation to
commit to and implement accountability measures to ensure gender equality, empowering all
girls and women, and combating all forms of discrimination.

Crucial provisions

Article 1 defines “discrimination against women” is defined as “any distinction, exclusion, or

restriction made on the basis of sex with the effect or purpose of impairing or nullifying the
recognition, enjoyment, or exercise by women, regardless of marital status, of human rights
and fundamental freedoms in the political, economic, and social spheres based on equality of
men and women.”

Important sessions

 CEDAW 40th Session was held from 14 January – 1 February 2008.

 CEDAW 41st Session will be held from 30 June – 18 July 2008.

 CEDAW 39th Session was held from 23 July – 10 August 2007.

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India’s stand concerning CEDAW

India ratified CEDAW in 1993. The country, on the other hand, has issued two declarations
on the Convention. To begin, the government said in Article 5(a) of the Convention that “it
shall abide by and ensure these provisions under its policy of non-interference in the personal
affairs of any community without their initiatives and consents.”

Secondly, Article 16(2) states that the Government of the Republic of India announces that,
while it completely supports the notion of compulsory marriage registration in principle, it is
impractical in a big country like India with its diverse cultures, religions, and literacy levels.
As a result, the government is involved in a variety of methods. Even with the various
provisions for women and girls’ protection, it has not fully been implemented. The preference
given to sons is still strong and prevails in the tradition and culture of India.

Conclusion

This international Convention, which was enacted in 1979, is structured similarly to the
Convention on the Elimination of All Forms of Racial Discrimination. By signing the
Convention, governments agree to adopt a series of steps to eliminate all forms of
discrimination against women. The Commission on the Status of Women (CSW) of the
United Nations had previously worked on women’s political rights and the minimum
marriage age. CEDAW is frequently referred to as the “bill of rights for women.” Countries
that have ratified the convention are expected to incorporate it into their national legislation
and take the appropriate steps to guarantee that women and girls throughout the country have
the chance to enjoy equality in their lives. It mandates all countries to eliminate
discrimination against women in the public and private spheres.

The Convention is the sole human rights treaty that recognizes women’s reproductive rights
and recognizes culture and tradition as powerful influences on gender roles and family
relationships. It addresses women of all ages, including elderly women, young women, and
young girls. They are in charge of monitoring the rights and ensuring that they are respected
by both men and women. The convention aims to acknowledge all forms of discrimination
against women in their respective countries’ civil, political, social, economic, legal, and
cultural lives. And such agendas aim to achieve gender equality by empowering women and
eliminating all types of discrimination against them. Gender equality has received a great
amount of attention in the pursuit of sustainable development, and it is linked to all of the
SDGs. India ratified CEDAW in 1993.