Transcript The Convention on the Elimination of All Forms of

The Convention on the Elimination of
All Forms of Discrimination Against
Women (CEDAW) and Shadow
Reporting
Northern Ireland Council for
Ethnic Minorities (NICEM)
June 2007
Outline of Day

General introductions

Introduction to CEDAW

Doing a Shadow Report

The UK and CEDAW

Introduction to the UK’s Sixth Report to CEDAW

Break into groups or discuss together

Report back and discuss how to go forward
What are human rights?

The Oxford English Dictionary definition, 1998
1. That which is morally correct, just or honourable
2. A moral or legal entitlement to have or obtain something or to
act in a certain way
What are Human Rights?

Rights are about how the State should treat its citizens and
what the citizen can expect from the State

The expression of ‘human rights’ is relatively new and only
came into everyday use after World War II and the
establishment of the United Nations (UN)

Protection against racism and discrimination is a central
feature in all human rights instruments

The Universal Declaration was adopted in 1948

It is inspirational – inspired over 50 constitutions worldwide
What are Human Rights?

International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD), 1965

International Covenant on Civil and Political Rights (ICCPR), 1966

International Covenant on Economic, Social and Cultural Rights
(ICESCR), 1966

UN Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), 1979

United Nations Convention Against Torture (UNCAT), 1984

UN Convention on the Rights of the Child (UNCRC), 1989

UN Convention on Migrant Workers and their Families, 1990
Introduction to CEDAW

Failure of human rights instruments to protect women

The UN General Assembly adopted CEDAW in 1979

CEDAW establishes women’s right to non-discrimination on
the basis of gender and affirms equality in international law

Commonly referred to as the ‘Women’s Convention’, CEDAW
incorporates human rights standards in fundamental areas of
life to be realised progressively by states

States Parties progress under CEDAW is monitored by a
Committee through periodic reports every four years
Article 1 - Discrimination

Article 1 – “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 2 – Eliminate
Discrimination

Article 2 – Countries have to take measures to eliminate
discrimination

Constitution or anti-discrimination law to make sure that
women are treated equally

Sanctions prohibiting discrimination against women



Fines for people and bodies/organisations who discriminate against women
Withdrawal of funding for programmes
Ensure that government agencies and other state actors do
not discriminate against women


Section 75 in the Northern Ireland Act 1998
Equality proofing
Article 3 – Policy Measures

Article 3 – Policy Measures

The Government and its agencies are supposed to take policy
measures to ensure that women enjoy their human rights on
the same basis as men

National policy strategies

National promotional campaigns

Funding for women’s groups and special programmes
Article 4 – Temporary
Measures/Positive Discrimination

Article 4 – Temporary Measures/Positive Discrimination

The Government is supposed to introduce ‘temporary
measures’ to accelerate equality between men and women

50/50 in the Northern Ireland Police Service

Quota to increase women’s representation in politics – the British Labour
Party

Special quotas in the public sector in increase women at management
levels

Special scholarships for women for university to train as doctors, lawyers
etc.
Article 5 – Sex Role
Stereotyping and Prejudice

Discrimination against women is due to stereotypical ideas – women
in the home as mothers and men out in the world working

Governments are supposed to take measures to modify the social
and cultural matters of men and women to eliminate sexist views

Family education includes a proper understanding of maternity as a
social function

Family education should include recognition that both men and
women are responsible for their development of their children
Article 6 – Trafficking and
Prostitution

The Government shall take all appropriate measures,
including legislation, to suppress all forms of traffic in women
and exploitation of prostitution of women

There is a big issue with minority ethnic women being
trafficked into the UK and Ireland for prostitution
Article 7 - Political and Public
Life

Women can vote in elections and go for election

Participate in the formulation of government policy –
consultation and representation

Participation in NGOs and associations involved in public and
political life

Typically minority ethnic women are excluded or face barriers
to participation
Article 8 – Representation

Women should be able to represent their governments at an
international level

Women should be able to participate in international organisations
Article 9 – Nationality

Women should have equal rights to acquire, change or retain their
nationality

Change of nationality of a husband should not automatically affect
women


In some countries, women loose their nationality because of their husband or
cannot change their nationality
Equal rights to nationality of women’s children

In some countries, children born to women cannot obtain her nationality, they
take their fathers
Article 10 –Education

Same access to education as men for both rural and urban women

Career guidance

Pre-school education

General education

Technical education

Professional and higher level education

Access to the same curriculum and teaching staff

Access to same examinations

Education grants and scholarships


Elimination of stereotyping in schools
Access to information on health and well-being, including family planning
Article 11 – Employment
Rights

Women have the same right to employment

Women have the same rights to promotion, job security, benefits,
advanced vocational training

Women have the right to social security, particularly in cases of
retirement, sickness etc.

Women have the right to be protected against unsafe working
conditions
Article 11 – Employment
Rights

Maternity rights

Government must protect women so they do not loose their jobs

Promote social services to enable families to combine their work
responsibilities and participation in public life

Childcare
Article 12 – Healthcare

Eliminate discrimination in healthcare, including those related to
family planning

Provide supports for women having children, maternity leave, free
services where necessary
Article 13 – Financial Matters

Women have equal right to family benefits

Bank loans, mortgages etc.

Participate in recreational activities
Article 14

Allow women to participate in rural development through planning

Access to healthcare, including counselling and family planning

All types of training, including literacy and community services

Organise self help groups and community activities

Adequate living conditions
Doing a Shadow Report

When Government’s signs and ratifies the Convention, they trigger a
monitoring process

The CEDAW Committee is based in New York – experts in women’s
rights

It examines each country every four years

The Government submits a report on how it is progressing under the
Convention
How do women’s groups use
CEDAW?

The CEDAW Committee works on the principle of ‘constructive
dialogue’. It is not a court, it tries to discuss issues with the
Government

It is up to us to make government’s embrace rights and make them
accountable

Most women’s groups use CEDAW as a political tool

By doing Shadow Reports, women’s groups can highlight where the
Government is failing to meet its duties

Creates awareness of the Government’s duties generally

You can translate CEDAW’s articles into policy and law
Doing a Shadow Report

Government’s never tell the truth

It is up to NGOs to inform the CEDAW Committee on the Government’s
failings

When NGOs write a Shadow Report – it is a critique of the Government’s
report

The CEDAW Committee relies on all this information
CEDAW

There is a special hearing in
New York – NGOs get a
special session and the
Government have a session
where they are asked
questions

CEDAW then writes
recommendations within two
weeks and issues them to
the Government
Doing a Shadow Report

Understand the CEDAW rights

Look at what the CEDAW Committee said about the UK last time
round

Apply them to your local situation

Look for gaps in protection i.e. where are service providers noting
meeting your needs? Is the law failing to protect you from
discrimination?

Gather case histories and stories – turn these into facts

Accurate information, statistics and newspaper reports
How do NGOs use CEDAW?

In 2002, Casa Amiga and Equality Now submitted a request to the CEDAW to
investigate the abduction, rape and murder of women in and around Ciudad
Jurez

CEDAW subsequently received communications from the Mexican Government
and visited Mexico

CEDAW acknowledged that there were grave systematic abuses of women’s
rights for over ten years

They mention that the same treatment is spreading in Mexico

Recommendations concerning the investigation of the crimes and punishment of
the perpetrators

Preventing violence and guaranteeing the security and human rights of women
The UK and CEDAW

The signed CEDAW in 1981 and ratified it in 1986

The CEDAW Committee considered the UK’s third and fourth report
in 1999

The Government submitted its fifth report in 2003

It submitted its sixth report to the CEDAW Committee in May 2007
What did the Committee say
about the UK?

From the last examination in 1999

286. Women in Northern Ireland had played a very active role in the
peace process and 14 women had been elected to the new Northern
Ireland Assembly, which had a total of 108 seats. Transferred
responsibilities included responsibility for equality legislation,
including sex discrimination and equal pay legislation, for women’s
issues generally, and for the administration of the new Equality
Commission. The representative stressed the commitment to a
continuing and effective process on women’s issues in Northern
Ireland.

Devolution – the CEDAW Committee was concerned that with
different regimes in place, the protection of women’s human rights
will be uneven.
What did the Committee say
about the UK?

The Committee recommended that there be a national unified
strategy to implement all provisions of the Convention “so that all
women in the entire territory of the State party can benefit equally”

The Committee was concerned that the definition of discrimination in
the Convention – which includes indirect discrimination is not part of
the law
What did the Committee say
about the UK?

The Committee was concerned at the low number of women in
public and political life, the judiciary and higher education

The Committee recommended to the Government that it strategies
be adopted to encourage women to seek public office, government
appointments etc.
What did the Committee say
about the UK?

The Committee was concerned about the overall lack of information
provided by the Government about women

“The Committee expresses concern at the disadvantaged situation
of women belonging to ethnic minorities, notwithstanding the
existence of legislative protection against discrimination on the basis
of race and ethnicity”.
What did the Committee say
about the UK?

The Committee recommends that steps be taken to ensure
the elimination of direct or indirect discrimination against
ethnic minority women, including through:

Positive action in recruitment

Awareness campaigns

Targeted training, education, employment and health-care
strategies
What did the Committee say
about the UK?

The Committee expressed concern at the high level of
teenage pregnancy and transmission of sexually transmitted
diseases

The Committee noted with concern that the Abortion Act 1967
does not extend to Northern Ireland where, with limited
exceptions, abortion continues to be illegal
What did the Committee say
about the UK?

The Committee recommended – sexual health programmes
and measures

The Committee recommends that the Government initiate a
process of public consultation in Northern Ireland on the
reform of abortion law
What did the Committee say
about the UK?

Nothing about violence against women in national strategies
on women

The Committee noted the high number of minority ethnic
women in prisoners and high level of imprisonment for minor
offences

Particularly in Northern Ireland, the Committee was
concerned about female prisoners being held in inadequate
educational and rehabilitative facilities
Government Report on
Minority Ethnic Women

Ethnic Minority Task Force – improve employment and overall
achievement of minority ethnic women



Did this Task Force do anything in Northern Ireland?
Was it effective?
Are minority ethnic women in Northern Ireland still
underemployed etc.?
Government Report on
Minority Ethnic Women

Parents Outreach for Ethnic Minorities – designed to help
women overcome language difficulties, provide skills training
and access to childcare


The programme was supposed to target Pakistani and Bangladeshi women
Did this programme happen in any Northern Ireland cities?
Government Report on
Minority Ethnic Women

Deprived Areas Fund – funding for Action Teams, Ethnic
Minority Outreach and Working Neighbourhoods Pilots

Did Northern Ireland benefit from this programme?
Government Report on
Minority Ethnic Women

Invest Save Budge Pilots – programmes aimed at helping
ethnic minority women find work

Did Northern Ireland benefit from this programme?
Government Report on
Minority Ethnic Women

Civic participation programmes – special programmes for
minority ethnic groups to increase representation


Did any of these programmes happen in Northern Ireland?
What is representation of minority ethnic women like in
different areas of public life?
Government Report on
Minority Ethnic Women

Special programmes aimed at strengthening the role of
Muslim women within communities


Have any been launched in Northern Ireland?
What impact have they had?
Government Report on
Minority Ethnic Women

Government talks about its different trafficking measures to
protect women and children



Have the happened in Northern Ireland?
Have they been effective?
Is trafficking and prostitution a serious problem in Northern
Ireland?
Government Report on
Minority Ethnic Women




The Government report lists a range of “wonderful” measures
in education
Pre-school education
Increasing numbers of women at all levels of education, both
teaching and participating
Provides for education of school age mothers



Are these happening in Northern Ireland?
What are the barriers to education?
What is minority ethnic women’s participation like in
education?
Government Report on
Minority Ethnic Women

Peace Funding for women’s groups


Did ethnic minority women get this funding?
What has happened since it has run out
Other issues






Reproductive health services
Abortion
Social welfare and pensions
Targeting women’s projects
Rural networks and projects
Violence against women measures
What else should be here?
Next Steps

Look at the Convention – are there any gaps

Look at the Government’s report – does it tell the truth

What in particular does the CEDAW Committee need to know
about minority ethnic women in Northern Ireland

Gather stories, accurate statistics and evidence

Put them in a Shadow Report
Next Steps

Make sure that other Shadow Reports include the same
information – minority ethnic women will be competing with
other groups of women for a voice

The CEDAW Committee are particularly interested to hear
from the women themselves

Your voice is central