Recommendations and Rights-Based Examples 11 VII. Musawah Thematic Report on Article 16: Kuwait and Oman 1 I. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), Status of ratification, Reservations and declarations, The core international human rights instruments, Universal Declaration of Human Rights 1948, VDPA booklet (20th anniversary edition - PDF), Convention on the Elimination of All Forms of Discrimination against Women, United Kingdom of Great Britain and Northern Ireland, Committee on the Elimination of Discrimination against Women. 2. The economic consequences for women of marriage, divorce, separation and death have been of growing concern to the Committee. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; Discrimination Against Women [CEDAW Comm. Articles 1-16 of CEDAW outline the different things governments must do to end discrimination against girls and women. Article 10 (e) of the CEDAW How can equal opportunities to adult and functional literacy programs provide for the needs of the women of the world to become more equal? 16). The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Chinese | Women rights activists on Saturday demanded that the government withdraw reservation on articles 2 and 16 (c) of CEDAW Charter soon to establish equal rights for women in the society. In fact, it is the most heavily reserved treaty in the UN human rights system. The link between discrimination and women's reproductive role is a matter of recurrent concern in the Convention. A considerable number of ... and Article 16 (equality in the family). Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. “States shall ensure that women have equal rights with men in relation to marriage and as parents, as well as in respect of other aspects of family life.”. In its approach, the Convention covers three dimensions of the situation of women. The Secretary-General of the United Nations is designated as the depositary of the present Convention. Article 16, concerning the equality of women in marriage and family life is subject to twenty-three reservations. This is irrespective of their marital status, on a basis of equality of men and women. In addition to that, Englehart and Miller (2014, p.22-23) explain that CEDAW has small contribution to human rights’ attainment, due to its weak enforcement, compare to other UN human rights [16] The Committee, in General Recommendation No. The proffered rationale for many of the reservations is conflict with religious law or with a State party’s constitution that enshrines religious law. 1. States parties are obliged to include advice on family planning in the education process (article l O.h) and to develop family codes that guarantee women's rights "to decide freely and responsibly on the number and spacing of their children and to hove access to the information, education and means to enable them to exercise these rights" (article 16.e). They made this demand just before the International Women's Day 2021, which will be celebrated tomorrow (Monday) across the country. Special measures for maternity protection are recommended and "shall not be considered discriminatory". 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. The implementation of the Convention is monitored by the Committee on the Elimination of Discrimination against Women (CEDAW). Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women. The Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities. Article 1: definition of discrimination While proposals to amend the definition to bring it in line with CEDAW Article 1 were made by NGOs to the Constitution Review Commission in 2011, the Executive in a White Paper recommended that an affirmative action law should deal with all kinds of discrimination against vulnerable groups and minorities. 4. 2. The preamble sets the tone by stating that "the role of women in procreation should not be a basis for discrimination". status of ratification). However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee. 16 December 2010 Original: English . Concerned that in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs. The Committee shall, through the Economic and Social Council, report annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from the States Parties. Russian | Altogether, the Convention provides a comprehensive framework for challenging the various forces that have created and sustained discrimination based upon sex. Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women. Society's obligation extends to offering social services, especially child-care facilities, that allow individuals to combine family responsibilities with work and participation in public life. 2. Reservations on Article 2- F and G b. a Resolution 217 A (III), article 16 (3). Musawah hopes that the critical information, analysis and recommendations provided in Sections III and IV of this report can be used as a resource during the constructive engagements with States parties and in follow-up activities on the Concluding Observations. Article 16 is the most debated legal position in the Muslim Bangladesh withdrew the reservations to Articles 13(a) and 16 (1) (f) of the Convention in 1997 but has not withdrawn the Article 2 and Article 16 (1) (c). The Committee, in General Recommendation No. Article 16 is the most debated legal position in the Muslim world which represents the following core themes of the family matters. Article 16 instructs the government to ensure that women have equal rights with men in all aspects of family life, including in marriage and their role as mothers. Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole. and nondiscrimination cannot be achieved keeping reservations on article no. Undue pressure from family members in matters of marriage is therefore a significant curb on a woman’s ability to choose freely. CEDAW has been ratified by 186 states, with many reservations. Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women. Article 9 1. Three CEDAW articles in particular may be cited as supporting women's human right to abortion: Article 12.1, Article 14.2(a)(b), and Article 16.1(e). In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. Its provisions, therefore, are restated in article 7 of the present document, whereby women are guaranteed the rights to vote, to hold public office and to exercise public functions. They also form the interpretative framework for CEDAW’s substantive provisions in arts 6–16 of CEDAW, which outline states parties’ obligations with respect to some of the Signatory States will ensure that (i) Man and woman is having equal rights before their marriage. Bangladesh ratified CEDAW in 1984 but with reservations on articles 2, 13(a), 16.1(c), and 16.1(f). CEDAW in Article 16 whereby women have “the same right to freely choose a spouse and to enter into marriage only with their free and full consent” (CEDAW Art. to enable their implementation. (b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality; (c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods; (d ) The same opportunities to benefit from scholarships and other study grants; (e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particulary those aimed at reducing, at the earliest possible time, any gap in education existing between men and women; (f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely; (g) The same Opportunities to participate actively in sports and physical education; (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning. It is a . CEDAW/C/GC/29 2 4. 9. encapsulated in Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’ or ‘CEDAW Convention’), in Kuwait and Oman, two of the Organisation of Islamic Cooperation (OIC) member states reporting before the States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities. (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country. 7. Oman 7 V. The Musawah Framework for Action 9 VI. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. 3 ACRONYMS CAP Chapter CEDAW Convention on the Elimination of all forms of Discrimination against Women CHRAJ Commission on Human Rights and Administrative Justice CPP Convention People’s Party CRC Constitutional Review Commission DOVVSU Domestic Violence and Victim Support Unit DV Domestic … The CEDAW Committee considers article 16 as one of the core articles of this treaty. The reservations to Article 16 are serious. Accordingly, provisions for maternity protection and child-care are proclaimed as essential rights and are incorporated into all areas of the Convention, whether dealing with employment, family law, health core or education. 2. And the most reserved article is Article 16 on marriage and family life. 27, 2007) (“We have a tendency to perceive … The CEDAW Committee has identified these rights as central to the object and purpose of the Convention. On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. Civil rights and the legal status of women are dealt with in great detail. statement of principles, with a . Article 16: marriage and family life .....30 Conclusion .....33 BIBLIOGRAPHY .....33. 111 of (1969) 1. 2. The present Convention is subject to ratification. Other countries have entered reservations on various articles. Violence against women (CEDAW articles 1, 2, 3, and 12) Nepal went through a decade-long armed conflict between 1996-2006 between Maoist forces and the government. Articles 10, 11 and 13, respectively, affirm women's rights to non-discrimination in education, employment and economic and social activities. Article 1, CEDAW In plain English, this means that the Convention defines discrimination against women as any distinction, exclusion or restriction on the basis of sex that has the effect or purpose of harming or reversing women’s human rights and freedoms in any aspect of their lives.. In its preamble, the Convention explicitly acknowledges that "extensive discrimination against women continues to exist", and emphasizes that such discrimination "violates the principles of equality of rights and respect for human dignity". A. Literal Meaning of Article 16 of CEDAW: In this Article, Signatory States will give equal rights to women, as for as theirs marital and family relations are concerned. "The Convention also affirms women's right to reproductive choice. Noting this interrelationship, the preamble of the Convention stresses "that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality of men and women". 3. However, Article 2 … The Convention gives positive affirmation to the principle of equality by requiring States parties to take "all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men"(article 3). CEDAW/C/GC/28 2 the Elimination of Discrimination against Women, the Vienna Declaration and Programme of Action, the Cairo Programme of Action and the Beijing Declaration and Platform for Action also contribute to an international legal … 1. The Committee also makes general recommendations to the States parties on matters concerning the elimination of discrimination against women. The Committee's mandate and the administration of the treaty are defined in the Articles 17 to 30 of the Convention. CEDAW/C/MMR/4-5 15-03076 3/38 Chapter 1 Introduction 1. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. 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This resource explains why CEDAW is important to youth, describes CEDAW’s impact in advancing gender equality and human rights for women and girls around the world and summarizes the articles of CEDAW, including the specific forms of discrimination that must be ended and how CEDAW is … T Therefore, the Committee of the CEDAW emphasizes the recommendations made by the objecting parties and it encourages state parties to note, adopt and implement them. 1. Your ideas would bore most of us if they didn’t lead to violence and the destruction of lives. However, there are reservations still remain on five CEDAW which is Article 9(2), 16(1a), 16(1c), 16(1f) and 16(1g). Articles 17-22 of CEDAW set up a committee of in-ternational experts called This article deals with equality in marriage and family relations and specifies the following rights: Article 16, Para 1 a. right to enter into marriage b. right to choose spouse and enter into marriage with full consent
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