+ 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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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.
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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
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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
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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.
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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.
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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
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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
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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.
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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.”
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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.
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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
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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.
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Monitoring Mechanism
http://www.un.org/womenwatch/daw/cedaw/cedaw.htm
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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
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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.
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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.
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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.
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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.
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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.”
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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
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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.
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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
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+ 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
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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
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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/
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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
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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)
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+ 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.
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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
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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
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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)
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