Convention on the Elimination of All Forms of Discrimination Against Women

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the principal human rights treaty derived from the United Nations to define discrimination against women. Adopted in 1979, the treaty consists of 30 articles and includes an Optional Protocol (OP). The purpose of the OP is to provide an alternative mechanism to hold governments accountable to a respective treaty or to further elaborate on any substantive topic within the treaty itself. In the case of CEDAW, the OP consists of the Communications Procedure, which enables people to complain directly to the CEDAW monitoring committee, and the Inquiry Procedure, which empowers the CEDAW monitoring committee to investigate systematic forms of discrimination against women. Known as the International Bill of Rights for Women, CEDAW had been ratified by 84 countries as of August 2006. As of this date, the United States was the only industrialized country not to have ratified the treaty. Furthermore, the United States has inserted more reservations to CEDAW than to any other major human rights treaty. Reservations curtail the legal obligation to the treaty.

Once governments ratify the convention, they are obligated to report to the CEDAW monitoring committee regarding their compliance. The initial report is due 1 year following ratification and 4 years thereafter. This reporting process then essentially requires states to adopt concrete actions to eradicate gender-based discrimination. Failure to do so results in non-compliance and a violation of international law.

[Page 162]Article 1 defines discrimination against women as follows:

This definition provides the basis for the remainder of the treaty. CEDAW proposes the incorporation of affirmative action policies and the reenvisioning of education for women and girls to move beyond educational access, and it is the only international treaty to protect reproductive rights. Other topics discussed in CEDAW include sex trafficking and exploitation; political and civil rights, such as the right to vote; health, employment, and marriage; and specific issues impacting rural women, such as access to agricultural credit and loans. Criticisms of CEDAW include its failure to integrate discrimination based on sexual orientation and race/ethnicity.