CEDAW.ppt
- 2. Convention Elimination Discrimnation Against Women Adopted by the United Nations general assembly on the 18 September 1979 Entered into force on 3 September 1981. To date CEDAW has more than 185 states parties CEDAW is one of the most widely accepted human rights treaties.
- 3. Article 2 represents the core of the convention. According to this Article , State parties condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women.
- 4. Basic Obligations • To embody the principle of the equality of men and women in their national constitution or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the [practical realization of this principle. • To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women • To establish legal protection of the rights of women on an equal basis with men to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrmination.
- 5. To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices whici constitute disrmination against women.
- 6. Article 5 (one of the sensitive) “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudicies and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”
- 7. Article 11 – Women in Employmet Obligating government to take measures to elimante all forms of discrimination against women. This article guarantees women the same opportunities, employment rights, choices and benefits as men.
- 8. Progress More women entering the higher-paying occupations during the 7th Malaysian Plan (1996-2000) Women in Professional and tehcnical categories increased The Employees Provident Fund 1991, provides equal employment benefits with men. One of the issue is the Code of Practice on the Prevention and Handling of Sexual Harrasment in the Workplace is only a code and not a law. And therefore it is not binding the employers.
- 9. Article 12: Equality in Access to Health Care Unequal status of women hampers their unequal access to adequate helath care PROGRESS: IN 1998, the Government and other agencies, established one-stop centres at all major hospitals for proper and coordinated management of rape and other forms of violence against women and children. CHALLENGES: the data on many health issues is inadequate or unavailable and not diasggregated by gender
- 10. Article 13: Social and Economic benefits Obligates State to eliminate economic discrimination against women and to ensure that women have equal rights to participate in recreational and cultural life. PROGRESS: Under the Income Tax Act 1967, wife can choose to have her income assessed seperately from her husbands. Benefits provide by the Government such as public housing, schemes for low income group, social benefits for disabled persons, pensions scheme ..all these are not discriminatiry policy based on gender.
- 11. Article 15: Equality before the Laws and Civil Matters Obligates the State to guanratee then equality with men before the law. PROGRESS: Contract Act 1950 women can enter into any type of contract in commercial or non-commercial activities The Hire Purchase Act 1967 is nuetral. The difinitaions of ‘power’ and hirer make no distinction on the basis of gender. It provides protection and redress to hirers regardless of the sex of the hirer or the owner.
- 12. The Married Women Act 1957, govern and guanrantee the legal status, rights and obligations of married women The Malaysian Legal Aid Bureau under the PM’s Department provides and facilitate legal aid to any person who is a resident and present in Malaysia regardless of gender
- 13. Article 16: Address Discrimination against women in private sphere. Islamic Family Law Enactment in all states in Malaysia as well Law reform (Marriage and Divorce )Act 1976 confer equal rights for men and women. Deals with marriage and divorce State parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and fmily relations and in particular shall ensure, on a basis of equality of men and women.
- 14. • A) The same right to enter into marriage • B) The same right to freely to choose a spouse and to enter into marriage only with their free and full consent. • C) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children, in all cases the interest of the children shall be paramount. • D) The same rights to decide freely and responsibly on the number and spacing of their children and to have access information, education and means to enable them to exercise these rights. • E) The same rights and responsibilities with regard to guardianship. • F) The same personal rights as husband and wife, including the right to chose a family name, a profession and an occupation. • G) The same rights for both spouses in respect of the ownership, acquisition, management,, administration, enjoyment and disposition of property.
- 15. The betrothal and marriage of a child shall have no legal effect, and all necessary action including legislation shall be taken to specify minimum age of marriage and to make registration of marriage in an official registry compulsary.
- 16. The major function of the Committee in its provision as overseer is to review the reports which must be submitted by the state parties every 4 years. The reports consist of legislative, judicial and administrative measures The committee will review the reports and make suggestion and recommendations and then report to the General assembly through the Economic and Social Council.
- 17. Reservation - Malaysia • A number of Islamic countries have made reservations to CEDAW primarily on the ground that certain provisions of CEDAW are contrary to shariah Law. • Bangladesh, Egypt, Iraq, Jordan, Morocco, Tunisa and Kuwait entered reservations to article 16. • Malaysia – The government of Malaysia declares that Malaysia’s accession is subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Sharia law and the Federal Const.
- 18. Originally Malaysian reservation: “The Governemnt of Malaysia declares that malaysia’s accession is subject to the understanding that the provisions of the Covention do not conflict with the provisions of the Islamic shariah law and the Federal Constitution of Malaysia. With regards thereto, further, the Government of Malaysi does not consider itself bound by the provisions of articles 2(f), 5(a), 7 (b), 9, 16 of the aforesaid Convention. At present, malaysian reservation cover articles 5(1), 7(b), 9(2), 16(a), 16©, 16(f)and 16(g).
- 19. In relation to article 11, malaysia interpretes the provisions of the article as a reference to the prohibition of discrimination on the basis of equality between men and women. On february 1998, the Governmnet of Malaysia notofied the Secretary General of a partial withdraw as followas: “The Governemnt of Malaysia withdraws its reservation in respect of article 2(f), 9(1), 16(b), 16 (d), 16(e) and 16(h)’