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Two (2) Lessons learnt from CEDAW Ivy Josiah IWRAW ASIA PACIFIC Follow me on twitter @ ivyjosiah E-mail: [email protected], [email protected] Website: www.iwraw-ap.org International Women’s Right Action Watch Asia Pacific Established in 1993, when a group of Asian women, recognising the potential of the CEDAW Convention for implementing the human rights of women, worked to set up an independent human rights organisation in Malaysia. The name IWRAW was derived, with approval, from a pre-existing programme known as IWRAW based in Minnesota, USA . However, both organisations are autonomous of each other. IWRAW Asia Pacific. IWRAW Asia Pacific By making the link with activism taking place at the international level, IWRAW Asia Pacific expected to promote an effective flow of information on the CEDAW Convention between the local and the global levels. This would enable women to monitor and facilitate the implementation of the Convention domestically and utilise it to advance their interests, while contributing to standard-setting at the international level. IWRAW Asia Pacific. IWRAW Asia Pacific Enhancing Realisation of Rights Strategy Global to Local programme Participation of women in the review of their government by the CEDAW Committee including training for women human rights activists in preparation for the CEDAW review, attendance at the CEDAW Committee review process, supporting and strengthening national CEDAW implementation processes, and development of Training and Promotional Materials IWRAW Asia Pacific. IWRAW Asia Pacific. IWRAW Asia Pacific We provide substantive and logistic support to participate in CEDAW Sessions in Geneva or New York for over IWRAW has facilitated the participation of women with disabilities from Sweden, Turkey, Bangaldesh, Korea, Australia, Zambia, Jordon IWRAW Asia Pacific. Lesson 1 : Understanding & Using Three Principles The CEDAW Convention establishes a framework that draws on three over-arching principles. SUBSTANTIVE EQUALITY NON-DISCRIMINATION STATE OBLIGATION Structure of the Convention Articles 1-5: General Substantive Framework of the Convention : Arts 6-16: Specific Substantive Areas Articles 17-23 Committee and Procedures Articles 23-30: Administration, Interpretation IWRAW Asia Pacific Article 11 Employment Article 9 Nationality Article 7 Political and public life Article 10 Education Article 8 Participation at international level Article 6 Prostitution Article 4 Temporary special measures Article 2 Policy measures for State Non-discrimination Article 12 Health care Article 13 Economic and social life Article 14 Rural women Article 15 Equality before the law Article 5 Sex roles and stereotyping Article 1 Definition of discrimination Article 3 Guarantee of equality Substantive equality State obligation Article 16 Marriage and family law The Principle of Substantive Equality 3 APPROCAHES TO EQUALITY Formal or Sameness Approach Protectionist Approach Substantive Equality IWRAW Asia Pacific. Substantive Equality 1. Recognizes difference and affirms equality between men and women 2. Encompasses both de jure and de facto equality 3. Places an obligation to correct the environment that disadvantages women; the Corrective Approach. Preferential access to girls and women Temporary special measures Focus on achieving results Substantive Equality . Makes the playing field even by requiring all initiatives to lead to: Equality of opportunities Equality of access Equality of results or benefits IWRAW Asia Pacific. The Principle of Nondiscrimination: Article 1 For the purpose 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. NON –DISCRIMINATION Direct or Indirect (Intended or Unintended) – e.g neutral law which has effect of discriminating In law (de jure) or in practice (de facto) Present or Past/Structural (e.g. historical discrimination) In all fields (civil, political, social, cultural, economic) Intersectional/Multiple Discrimination The use of an Intersectional Analysis By shifting the focus from the singular status of disability to the way in which disability interacts with gender, intersectionality allows human rights advocates to identify and articulate a set of robust standards relating to women with disabilities that can be applied to states. Article 6 of the CRPD refers to the above What is Intersectionality? Refugee Woman Stateless Poor HIV + Sexual im Minority Non English ened Speaker Ethnic Minority Daughter Migrant Rurally Located Mother Married Disabled Person Religious Minority The Principle of State Obligation The framework within which we hold States accountable: State Obligation Legally binding obligations Internal law is not an excuse for non-compliance Who is the State Party? ALL CONSTITUENT UNITS Internal divisions of power cannot be invoked as a defense A State is offering itself to scrutiny on the basis of standards set forth in the Convention Private Actors CEDAW holds private actors accountable through the State The State must: (a) prevent and deter private acts of discrimination; (b) investigate and negate their consequences; (c) provide for remedies, redress, compensation or sanctions for the performance of such acts. Violations by private actors of a pervasive or persistent character General Recommendations by CEDAW GR 18 recommends that States Parties to the CEDAW take measures to address the equal access of women with disabilities to education, employment, health services, and social services and to ensure the participation of women with disabilities in all areas of political, social and cultural life GR 24 analyzes the right to health in the context of women with disabilities and instructs states to “take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.” IWRAW Asia Pacific. July 2009 Lesson 2 : Creates Advocacy 0pportunities for Civil Society Concluding Observation for MONTENEGRO 2011 30. The Committee is concerned about the low prevalence of contraceptives and inadequate access to sexual and reproductive health services and information, especially for disabled women, Roma, Ashkali and Egyptian women and displaced/refugee women, in particular in rural areas. It also notes with concern that education on sexual and reproductive health and rights at the secondary level is only optional. IWRAW Asia Pacific. Concluding Observation for MONTENEGRO 2011 31. By reference to its general recommendation No. 24 (1999), the Committee calls on the State party to: (a) Ensure that all women and girls, including women with disabilities, Roma, Ashkali and Egyptian women, and displaced/refugee women, have free and adequate access to contraceptives, sexual and reproductive health services and information in accessible formats, including in rural areas; IWRAW Asia Pacific. July 2009 Concluding Observation for MONTENEGRO 2011 (b) Raise awareness, through education campaigns, enhanced counselling services and the media, about the importance of using contraceptives for family planning and the prevention of sexually transmitted diseases, including HIV/AIDS; and (c) Include mandatory education on sexual and reproductive health and rights in the regular school curricula at the secondary level. IWRAW Asia Pacific. July 2009 What are we to do with a concluding observation? Popularize it – Disseminate in all languages Include in a Memorandum Remind your government – press statements, at meetings IWRAW Asia Pacific. July 2009 Cross fertilize the information Use it for other reports and reporting mechanisms both at national and international levels eg UPR, other treaty body reviews IWRAW Asia Pacific. July 2009 CEDAW response to disabilities The depth of the Committee’s comments on women with disabilities in its Concluding Observations to the reporting State Party is dependent on, and often limited by, the information provided by State Party itself. The Committee tends to ask for additional information on women with disabilities in its list of issues for review when information is volunteered on disability in the State Party report. Conversely, if disability is not mentioned, it tends to be omitted. IWRAW Asia Pacific. July 2009 CEDAW response to disabilities Although they are not legally binding, by providing a clearer standard of compliance for State Parties, the Concluding Observations can be more specific as to what State behavior is acceptable and what it not, which in turn contributes to the development of clearer standards by which to judge the States Parties. IWRAW Asia Pacific. July 2009 National activism Civil society activism starts way before Geneva or New York -Global to Local It is not only about engaging in UN mechanisms but national activism The principles and progressive interpretations of the CEDAW committee have relevance in our every day work A family court case in Malaysia IWRAW Asia Pacific. Civil Society activities and activism Monitoring Documentation – case studies Civil society coalitions – solidarity building Media advocacy- feature stories Briefing papers IWRAW Asia Pacific. The track record of most states in honoring their obligations under other treaties such as CEDAW indicates that there is likely to be much work to be done by civil society. By examining and articulating the rights standards from CEDAW as they apply to women with disabilities, advocates can work to promote, protect, fulfill the rights of women with disabilities. IWRAW Asia Pacific. July 2009 IWRAW Asia Pacific. IWRAW Asia Pacific.