+ HOWEVER LONG THE NIGHT: Global Perspectives on the Impact of the Convention on the Elimination of All Forms of Discrimination Against Women on.
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+ 1 HOWEVER LONG THE NIGHT: Global Perspectives on the Impact of the Convention on the Elimination of All Forms of Discrimination Against Women on Legal Reform Efforts Regarding the Rights of Women Presented by ABA Section of International Law -- International Human Rights Committee May 18, 2011 -- Washington D.C. + 2 Welcome The ABA Section of International Law’s International Human Rights Committee is concerned with matters involving the response to, and amelioration of, instances of assaults on human dignity through the oppression of civil and political rights, as well as the efforts to create and foster legal, business, and cultural systems and institutions that give meaningful protection to human rights. “However long the night, the dawn will break.” + Program 3 Introductions Panelist Presentations Moderator: Penny Wakefield United Latin States: Emily Martin America: Rosa Celorio Ethiopia: Mahdere Belize: Carolyn Audience Paulos Reynolds Questions Concluding Remarks and Acknowledgements + 4 Join The Conversation During the program today, please e-mail your questions to [email protected] with the subject line “However Long The Night.” Use the same address to submit follow-up questions to our panelists after the program and to learn more about how to get involved with the ABA-SIL IHRC or any of the groups mentioned today. + 5 United States: Emily Martin Emily Martin is Vice-President and General Counsel at the National Women's Law Center which co-chairs the CEDAW Task Force Legal Committee in the United States. Prior to joining the Center, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union, where she spearheaded litigation, policy, and public education initiatives to advance the rights of women and girls, while incorporating a human rights framework, with a particular emphasis on the needs of low-income women and women of color. + 6 National Women’s Law Center Founded in 1972 as a non-profit advocacy organization working to advance the progress of women, girls, and families with emphasis on employment, education, reproductive rights and health, and family issues. At the forefront of the major legal and public policy initiatives in this country to improve the lives of women: educating state, local, and federal policy-makers as well as members of the public about critical women's issues; building and leading coalitions; litigating ground-breaking cases and informing landmark Supreme Court decisions. NWLC seeks to forward human rights, ensuring that women's voices are heard. NWLC is a co-chair of the Leadership Conference Task Force on Civil and Human Rights. Emily Martin: Vice-President and General Counsel + 7 United States The CEDAW agreement was adopted in 1979 by the United Nations General Assembly and entered into force in 1981. Signed July 17,1980 but never ratified. Consists of a preamble and 30 articles defining what constitutes discrimination against women. Source: CEDAW Task Force of The Leadership Conference on Civil and Human Rights + 8 United States Almost all countries have ratified CEDAW 186 out of 193 countries. Only seven have not ratified: Sudan, Somalia, Iran, three small Pacific Island nations (Nauru, Palau and Tonga)—and the United States. + 9 CEDAW CEDAW defines discrimination against women as "...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.” + 10 How CEDAW Works CEDAW is a practical blueprint for each country to achieve progress for women and girls. The treaty sets out guiding principles for ensuring basic human rights for women. All countries self-determine the methods for implementation of the treaty. + 11 CEDAW States commit themselves to undertake a series of measures to end discrimination against women in all forms, including: incorporating the principle of equality of men and women in their legal system, abolishing all discriminatory laws and adopting appropriate ones prohibiting discrimination against women; establishing tribunals and other public institutions to ensure the effective protection of women against discrimination; and ensuring elimination of all acts of discrimination against women by persons, organizations or enterprises. Source: U.N. Division of for the Advancement of Women, Dep’t of Economic and Social Affairs + 12 CEDAW’s Impact Around the world, CEDAW has been used to: reduce sex trafficking and domestic abuse; provide access to education and vocational training; ensure the right to vote; improve maternal health care; ensure the ability to work and own a business without discrimination; end forced marriage and child marriage; and ensure inheritance rights. + 13 Monitoring Mechanism http://www.un.org/womenwatch/daw/cedaw/cedaw.htm + 14 The CEDAW Committee Ratifying countries make periodic reports on the status of women in that country, which are then reviewed by the CEDAW Committee. The CEDAW Committee does not have binding authority over any ratifying country, but rather makes recommendations and suggests best practices. It is up to each country’s policymakers and advocates to work together to determine how best to end discrimination against women. + Steps to U.S. Ratification of CEDAW State Department 15 President • Confirmed treaty aligns with current law and foreign policy. • Prepared treaty for presidential and Senate review. • U.S. signed treaty, 1980 • Treaty package sent to Senate, 1994 Status: pending… Senate • Voted favorably out of Senate Foreign Relations Committee with bipartisan support in 1994 and 2002. • Full Senate has never held a vote on the treaty. • Ratification requires 2/3 vote. + 16 When the U.S. ratifies CEDAW… U.S. will submit a report to the CEDAW Committee on how they are implementing the treaty one year after ratification, then every four years thereafter. U.S. can nominate an expert to serve on the CEDAW Committee. U.S. can engage in dialogue with members of the CEDAW Committee to share experiences and best practices . U.S. will strengthen its role as a global leader standing up for women and girls. + 17 Latin America: Rosa Celorio Rosa Celorio is a Human Rights Specialist for the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS), where she coordinates the planning, organization and execution of the legal work and initiatives of the Special Rapporteurship on the Rights of Women. Previously, she worked as a Program Specialist for the Latin America and Caribbean Section of the United Nations Development Fund for Women where she managed complex projects in the area of human rights covering the thematic areas of violence, discrimination, governance, and HIV/AIDS. Ms. Celorio also teaches at the George Washington University Law School in Washington D.C. + 18 Inter-American Commission on Human Rights The IACHR is one of two bodies in the Inter-American system for the promotion and protection of human rights. The Commission has its headquarters in Washington, D.C. The other human rights body is the Inter-American Court of Human Rights, which is located in San José, Costa Rica. The IACHR is an autonomous organ of the OAS. Its mandate is found in the OAS Charter and the American Convention on Human Rights. + 19 Ethiopia: Mahdere Paulos Mahdere Paulos completed her law degree at Addis Ababa University in Ethiopia and served as a judge to the High Court in Addis Ababa. Former Executive Director of the Ethiopian Women Lawyers Association (EWLA), a pioneer organization, which was founded by women lawyers with a mission of promoting the economic, political, social and legal rights of women. Under the leadership of Ms. Paulos, EWLA’s international human rights work on behalf of Ethiopian women was profiled in the best-selling book “Half the Sky: Turning Oppression into Opportunity for Women Worldwide.” + 20 Ethiopia: Mahdere Paulos EWLA been working since 1995 to raise awareness of women's legal rights in Ethiopia. EWLA aims to influence the drawing up of laws, ensuring that gender is taken into account, and to put in place practical measures to help economically poor women access legal services. The organization hopes to put women's rights on the government agenda, with the ultimate goal of eliminating all forms of legally and traditionally sanctioned discrimination against women. Mahdere Paulos: Former Executive Director EWLA + 21 Belize: Carolyn Reynolds Carolyn Reynolds is the Executive Director of the Women’s Issues Network of Belize (WIN-Belize) which is network of organizations with a special interest in women’s issues and a commitment to the improvement of social and economic opportunities for women and their families in Belize. WIN-Belize’s first shadow report to the CEDAW committee was developed and written under Ms. Reynolds’ leadership and she presented it to the CEDAW committee members at the United Nations in July of 2007. Ms. Reynolds is also a Commissioner on Belize’s National Women’s Commission and serves on the board of Haven House, a shelter for domestic violence victims. + Women’s Issue Network of Belize Founded in 1993, WIN-Belize is a network of organizations with a special interest in women’s issues and a commitment to the improvement of social and economic opportunities for women and their families in Belize. As a network, WIN-Belize's purpose is to provide leadership by empowering and strengthening its member agencies. It develops linkages among organizations to promote the development of women. WIN-Belize facilitates the sharing of knowledge, skills and resources and advocates for improving the quality of life of women and their families in Belize. 22 . Staff of WIN-Belize. + Additional Resources Presentation of Emily Martin Text of the Convention: http://www.un.org/womenwatch/daw/cedaw/cedaw.htm National Women’s Law Center, CEDAW background materials: http://www.nwlc.org/our-issues/a-women%27s-agenda/treaty-onthe-rights-of-women CEDAW Task Force of The Leadership Conference on Civil and Human Rights: http://www.cedaw2011.org International Center for Research on Women report on CEDAW’s impact internationally: http://www.icrw.org/publications/recognizing-rights-promotingprogress 23 + Additional Resources Presentation http://www.aclu.org/human-rights-womens-rights/jessica-gonzales-v-usa IACHR Admissibility Report http://www.cidh.oas.org/annualrep/2007eng/USA1490.05eng.htm IACHR Merit’s Report in case of Maria Eugenia Morales de Sierra v. Guatemala http://www.cidh.oas.org/women/Guatemala11.625eng.htm Decision of the Inter-American Court in Claudette Ivette Gonzales et al (Cotton Field) v. Mexico of Rosa Celorio Jessica Gonzalez v. United States 24 Available from IHRC by e-mailing [email protected]. Access to Maternal Health Services from a Human Rights Perspective http://www.cidh.oas.org/Comunicados/English/2010/74-10eng.htm + Additional Resources Presentation http://www.winbelize.org/press-room/publications?limitstart=5. Belize’s National Gender Policy http://www.belizelaw.org/supreme_court/judgements/2004/sc/civil/132_of_2004.pdf WIN-Belize’s CEDAW Shadow Report of Carolyn Reynolds Decision of Supreme Court of Belize in Maria Rochas v. Clement Wade of Mahdere Paulos For a copy of the EWLA Shadow Report, e-mail [email protected]. Presentation 25 http://webapps01.un.org/vawdatabase/uploads/National%20Gender%20Policy%202002.pdf. (Currently being revised.) To learn more about the work of WIN-Belize, visit http://www.winbelize.org/ + 26 Getting Involved Join ABA SIL International Human Rights Committee Co-Chairs: Ani Ajemian, Robert Joseph Gaudet Jr. Committees Policy CLEs, Teleconferences and Programs Publications, Communications Fact-Finding Missions For more information, contact Rebecca Farrar and Heather Hodges at [email protected]. + International Models Project on Women’s 27 Rights (IMPOWR) Established by the American Bar Association Section of International Law in 2008. Initiative to harness the information sharing power of the internet to empower advocates and defenders of gender equality under the law around the world. The project is focused on the establishment of a global, collaborative, online database of information on gender-equality laws, law reform efforts and law enforcement strategies. The website and database will be formally launched later in 2011. + International Models Project on Women’s Rights (IMPOWR) 28 + International Models Project on Women’s Rights (IMPOWR) How can you get involved today? Contribute information to database about projects, initiatives and best practices on gender equality law reform. Identify subject matter and local experts. Write articles and organize programs. Register on-line at www.impowr.org/volunteer. 29 + 30 For more information about IMPOWR contact: Christina Heid International Projects Director ABA Section of International Law +1-202-662-1034 [email protected] www.impowr.org + 31 Thanks Program District Host: Crowell & Moring LLP of Columbia Women’s Bar Association TransAfrica Forum The American University Center for Human Rights and Humanitarian Law Amnesty International USA 31 + 32 Thanks ABA Section of Individual Rights and Responsibilities: International Human Rights Committee and Women's Rights Committee ABA SIL Africa Committee ABA SIL NGO and Not-for-Profit Organizations Committee ABA SIL Women's Issues Network (WIN) ABA IMPOWR (International Models Project on Women's Rights) 32