CEDAW Implementation in Sri Lanka
- 1. CEDAW CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN K.O.G.H.M.A.L.Herath B.A.(Hons), Sabaragamuwa University of Sri Lanka Department of Social Science Faculty of Social Sciences & Languages Sabaragamuwa University of Sri Lanka
- 2. In some parts of the world, girls and women are treated differently or unfairly because of being a girl or a woman, even though they have the same rights as boys and men. As a result of this discrimination, girls and women may not get a proper education and health care. Women may not be able to get jobs, vote or run for elections. Girls and women may also face various kinds of violence. Girls and women who live with disabilities, are indigenous, live in rural areas, are poor, or belong to different cultural groups, may face a lot more discrimination.
- 3. EMERGENCE OF CEDAW The International Bill of Human Rights strengthens and extends this emphasis on the human rights of women. The Universal Declaration of Human Rights proclaims the entitlement of everyone to equality before the law and to the enjoyment of human rights and fundamental freedoms without distinction of any kind and proceeds to include sex among the grounds of such impermissible distinction.
- 4. WHAT IS CEDAW • CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN • CEDAW is an international treaty adopted in 1979 by the United Nations General Assembly. • Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. • The number of countries that have NOT ratified CEDAW, including the United States, Iran, Somalia, Sudan, and two small Pacific Island nations (Palau and Tonga) • Those States also committed themselves to reporting to the Committee on the Elimination of Discrimination against Women on steps taken to fulfil their obligations.
- 5. CEDAW- FOR WHAT “For the purposes 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.” Article 1, Convention on the Elimination of All Forms of Discrimination against Women, 1979
- 6. CONVENTION INCLUDES • Six parts with 30 articles total • Part I (Articles 1-6) • Non -discrimination • Sex stereotypes • Sex trafficking. • Part II (Articles 7-9) • Women's rights in the public sphere with an emphasis on political life • Representation • Rights to nationality. • Part III (Articles 10-14) • The economic and social rights of women • Particularly focusing on education • Employment • Health - special protections for rural women and the problems they face.
- 7. • Part IV (Article 15 and 16) • women's right to equality in marriage and family life • right to equality before the law. • Part V (Articles 17-22) • the Committee on the Elimination of Discrimination against Women as well as the states parties' reporting procedure. • Part VI (Articles 23-30) • the effects of the Convention on other treaties, the commitment of the states parties and the administration of the Convention.
- 8. BACKGROUND OF CEDAW • Equality of rights for women is a basic principle of the United Nations. • The Preamble to the Charter of the United Nations sets as one of the Organization's central goals the reaffirmation of "faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women". • Because the women dominate the most venerable • The International Bill of Human Rights strengthens and extends this emphasis on the human rights of women. • The International Bill of Human Rights, combined with related human rights treaties, thus lays down a comprehensive set of rights to which all persons, including women, are entitled.
- 9. • The idea for a treaty on women’s rights was first raised at the First World Conference on Women held in Mexico City in 1975 • The Commission on the Status of Women (CSW) has sought to define and elaborate the general guarantees of non-discrimination in these instruments from a gender perspective. • After a few years of drafting and discussions, CEDAW was adopted by the UN General Assembly on December 18, 1979 and as of March 2005 there are 180 parties or countries that have signed on to CEDAW.
- 10. • The substance of the Convention is based on three interrelated core principles • Equality • non-discrimination • State obligation • The notion of State obligation has to be fully exploited. By ratifying the CEDAW Convention, States are saying that they: • Recognize discrimination and inequality. • Recognize the need for State action. • Commit themselves to do certain things and not do certain things. • Are willing to be held accountable at national and international levels.
- 11. CEDAW IMPLEMENTATION IN SRI LANKA • Ministry of Women’s Affairs is the sole responsible agency on implementation of CEDAW • Women's Bureau in Sri Lanka was 1st established under the Ministry of Plan Implementation-1978 • Women's Bureau in Sri Lanka was re-established under the Ministry of Women's Affairs and Teaching Hospital-1983 • Ministry of Women's Affairs. (Separate Ministry)-1997 • Ministry of Women Empowerment and Social Welfare-2004 • Ministry of Child Development and Women's Empowerment-2006 • Ministry of Child Development and Women's Affairs-2010 • Ministry of Women's Affairs.-2015
- 12. WOMEN'S CHARTER IN SRI LANKA • Approved by the Government of Sri Lanka on 3rd March, 1993 • The charter includes; • Political and civil rights • Rights within family • Right to education and training • Right to economic activities and benefits • Right to health care and nutrition • Right to protection of social discrimination • Right to protect gender based violence
- 13. • There shall be established for the purpose of examining progress made on the realization of the obligations undertaken by this charter and for monitoring the achievement of its objectives, a National Committee on Women • The Committee shall consist of 15 members • The Functions of the Committee shall be as follows: • To entertain and scrutinize complaints of gender discrimination and channel such complaints where appropriate to the relevant administrative authorities and concerned persons or bodies for necessary action; • To refer complaints of violation of the provisions contained in this Charter to governmental and non-governmental organization for redress, legal aid / or mediation services
- 14. • To monitor such action and require annual reports of progress from relevant administrative authorities and make these reports widely available within the country • To evaluate the impact of legislative and development policies on the rights and responsibilities of women as contained in this Charter • To help to realize the objectives of the Charter through the encouragement of relevant research and to make recommendations for reforms based on such research • To advice the Minister (responsible for the status of Women) on such matters relating • To the status of Women as the Minister may refer to the Committee for its consideration, or as the Committee may deem appropriate.
- 15. EVEN THOUGH; • Srilanka still suffering with the gender base violence • Job inequality • Inequality in wages system • Maternity leave differences • Un-Satisfaction of jobs • Street harassments • Domestic violence • Child girls’ abuses and raped cases
- 16. CRITICISMS ON CEDAW • Not surprisingly the fact that the interstate procedure has yet to be used, together with the lack of authority accorded to the CEDAW Committee, have resulted in heavy criticism. • A further criticism is that state reports are routinely inaccurate and late. Many argue that, without more international political will, women’s rights will remain a low priority. • Further, as long as the Committee is limited to monitoring and making non-binding recommendations, a significant improvement cannot reasonably be expected. • The Committee has the least authority of all the treaty committees and CEDAW also the convention that has one of the highest number of reservations.
- 17. OTHER MECHANISMS FOR WOMEN'S RIGHTS • Seneca Falls Convention Seneca Falls Convention was the first women's rights convention. It advertised itself as "a convention to discuss the social, civil, and religious condition and rights of woman". Held in Seneca Falls, New York, it spanned two days over July 19–20, 1848 • UN WOMEN "Women, War & Peace" • UN WOMEN Singapore Committee – Governance, Peace & Security • UN WOMEN "Violence Against Women"
- 18. REFERENCE • Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979 • Division for the Advancement of Women. “Convention on the Discrimination of All Forms of Discrimination against Women” http://www.un.org/womenwatch/daw/cedaw/. • Human Rights Watch. “CEDAW: The Women’s Treaty” http://hrw.org/campaigns/cedaw/ • Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 20 December 1999. • Riddle, Jennifer. “Making CEDAW Universal: A Critique of CEDAW’s Reservation Regime under Article 28 and the Effectiveness of the Reporting Process” (2002) 34 Geo. Wash. Int’l L. Rev. 605.
- 19. THANK YOU