Introduction: UN World Women

The Commission on the Status of Women (CSW) was established by the UN Economic and Social Council in 1946. It monitors the situation of women and promotes their rights in all societies around the world. CSW is the global advocate for equality between women and men.
It is an intergovernmental body with 45 members, each elected for four years. It initiated the observance of International Women’s Year 1975 and world conferences on women. It is serviced by the Division for the Advancement of Women (DAW) of the UN Department of Policy Coordination and Sustainable Development. Women’s rights have been promoted internationally through:

• 1946 – The Commission on the Status of Women

• 1974 – Declaration on the Protection of Women and Children in Emergency and Armed Conflict

• 1975 – International Women’s Year
  • International Women’s Year Tribune – a networking and information clearing house for women
  • World Conference on Women, Mexico City
  • Document: World Plan of Action for the Implementation of the objectives of International Women’s Year

• 1979 – CEDAW – Convention on the Elimination of All Forms of Discrimination against Women

• 1980 – World Conference of the UN on Women – Decade for Women and NGO Forum – Copenhagen, Denmark
  Document: Forward-Looking Strategies for the Advancement of Women to the Year 2000 (FLS)  

• 1985 – World Conference to Review and Appraise the Achievement of the UN Decade for Women and NGO Forum – Nairobi Kenya
  Document: Forward-Looking Strategies for the Advancement of Women to the Year 2000 (FLS)

• 1993 – UN Declaration on the Elimination of Violence Against Women

• 1995 – UN Fourth World Conference on women and NGO Forum – Beijing China
  Document: Beijing Platform of Action

• 1999 – Optional Protocol to CEDAW

• 2000 – Women 2000: gender equality, development and peace for the twenty-first century – UN General Assembly 23rd Special session – New York
  Document: Further Actions and Initiatives to implement the Beijing Declaration and Platform of Action

CEDAW

Discrimination against women is 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.” (CEDAW definition of discrimination)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted in 1979 by the UN General Assembly. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

CEDAW provides the basis for realizing equality between women and men through ensuring women’s equal access to, and equal opportunities in, political and public life – including the right to vote and to stand for election. CEDAW calls for ratifying nations to overcome barriers of discrimination against women in the areas of legal rights, education, employment, health care, politics and finance.  States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.

CEDAW is the only human rights treaty that affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women’s right to acquire, change or retain their nationality and the nationality of their children. States parties agree to take appropriate measures against all forms of traffic in women and exploitation of women.

Countries that have ratified or acceded to CEDAW are required to put its provisions into practice. They are also required to submit a report to the CEDAW Committee one year after ratification and then again every four years.

OPTIONAL PROTOCOL to CEDAW

On October 6 1999 a 21 article optional Protocol to CEDAW was adopted by the UN General Assembly, and all States parties to CEDAW were called on to become party to the Optional Protocol as soon as possible.

By ratifying the Optional Protocol, a State recognizes the competence of the CEDAW Committee to receive and consider complaints from individuals or groups within its jurisdiction. The Optional Protocol entered into force on December 22 2000, following the ratification of the tenth State Party to the Convention.

BEIJING PLATFORM OF ACTION (1995) AND BEIJING + 5 (2000)

Documents from the Beijing UN Conference on Women and the Non Government forum were developed for continued action for women’s rights world wide. The Beijing Platform for Action and Beijing+5 are frequent reference points in the implementation of the CEDAW process.

IMPLEMENTING CEDAW

CEDAW defines “best practices” for ensuring basic human rights for women, but it does not impose any laws on governments. All countries self determine the legal status of the treaty, in accordance with their own constitutional frameworks. The paramount determining factor in CEDAW’s implementation is the political will of governments. At each Session of the CEDAW Committee, States Parties present a Periodic Report while NGOs from those countries may present Shadow reports for consideration. The CEDAW Committee of 23 independent experts, nominated and elected by States parties for four-year terms considers, analyses and reviews the progress made in implementing the Convention. It accepts reports from individual governments and engages in consultative dialogue with delegations that present reports.

The Optional Protocol to CEDAW empowers individuals or groups to submit petitions directly to the Committee, once they have exhausted all available avenues of domestic redress. It entitles the CEDAW Committee to investigate grave or systematic violations of CEDAW, but  ratifying states may opt out of this inquiry procedure.

36th SESSION OF CEDAW – August 7-25 2006

During this fortnight, the CEDAW committee heard reports from fifteen countries:

On August 7 and August 14, NGOs from the 15 countries presented Shadow Reports to the CEDAW Committee, and experts from the Committee responded to those reports. Experts also met with NGO representatives in social gatherings to provide further opportunities for understanding of issues of concern in the countries. 

Two reporting countries where Presentation Sisters are currently located were Chile and Philippines and these two countries have a specific focus in this report to IPA. Documentation from Chile and Philippines is being forwarded to PBVM Justice Contacts in those countries. Among the NGOs from Mexico was a group of Religious Sisters who are members of UNANIMA – an NGO representing 9 Religious Congregations. UNANIMA shares office space with the IPA NGO in New York. Sr Sharon Altendorf and Sr Rosemary Grundy attended several of the reporting sessions, giving them a “big picture” view of the process and content covered.

Government Periodic Reports and NGO Shadow Reports covered most aspects of CEDAW, providing specific information relevant to their own situations, for example, the Democratic Republic of the Congo has emerged from a long period of civil war and recent democratic elections, Cape Verde is establishing its institutions after only 30 years of independence from its former colonial rule by Portugal, and the Czech Republic continues its transition from Communist rule.

PHILIPPINES – presented Tuesday August 15 2006

The Shadow Reports of the Philippines NGOs and the Periodic Report of the Philippines Government delegation are available on the CEDAW website by visiting the 36th Session of CEDAW on that website. The Periodic Report combined the fifth and sixth Periodic Reports, and is available in six languages. Concerns and questions raised by CEDAW experts during the interactive dialogue are also available on the website.

The Periodic Report was presented in an abridged form to the CEDAW Committee. (Statement of Hon Esperanza I Cabral Secretary Department of Social Welfare and Development, Republic of the Philippines)

The Philippines government is led by President Gloria Macapagal-Arroyo who has been in office since January 2001. The Philippines Periodic Report opened with a summary of actions taken since the presentation of the fourth Periodic Report in 1997. Then follows a detailed description of current measures taken to implement CEDAW within the context of the Philippines’ political, economic, social and cultural developments and changes in the status of women. This is based on 16 articles of CEDAW.

• Laws introduced to correct the historical disadvantages of women, including
  • Anti-Rape Law - 1997
  • Rape Victim Assistance and Protection Act – 1998
  • Anti-Trafficking in Persons Act – 2003
  • Anti-Violence Against Women and their Children Act – 2004

• Equality of women and men in the constitution
  • Adoption of legislation and other measures
  • Sanctions prohibiting discrimination
  • Establishment of legal protection of women
  • Refraining from engaging in any discriminatory activities
  • Modification or abolition o discriminatory laws, regulations, customs and practices
  • Repeal of discriminatory provisions in the penal law

• Development and Advancement of Women
  • Recognition of subtle forms of discrimination
  • Introduction of Gender and Development Strategy
  • Manual on Handling Sexual Harassment Cases in Government
  • Health Department tools as guides to implementing gender-responsive programs and projects
  • Analytical Framework on Gender Responsive Population Policy and Reproductive Health

• Acceleration of Equality between Men and Women
  • Adoption of temporary special measures to accelerate de facto equality including measures aimed at protecting maternity.
  • Provision of support services for single parents

• Sex Roles and Stereotyping
  • Adoption of measures to modify socio-cultural patterns of conduct
  • Combating pornography
  • Eliminating the business of mail order brides
  • Improving children’s programming and other children’s rights issues in media
  • Promoting shared gender-fair parenting
  • Actions by women’s NGOs and alternative media groups to strength advocacy work in the media industry

• Exploitation of Women
  • Suppression of Trafficking in women and Children – 2003 legislation and penalties set
  • Provision by the State of mandatory services to trafficked persons
  • Efforts to address the rights of prostituted women – decimalization of persons exploited by prostitution, redefinition of prostitution as
  • Violence against women – Anti-Rape Law, Rape-Victim assistance Protection Act, Anti-Violence against Women and Their Children Act
  • Establishment of Family Courts
  • Action Program for Judicial Reform
  • Crisis intervention Units in 15 regions
  • Health Department – Women and Children Protection Units
  • NGO programs developed to address Violence against women and children

• Women in Political and Public Life – Equal Rights with men
  • Women in appointive position in the Executive Branch Judiciary and Constitutional Commissions
  • Programs to assist women to access high level positions
  • NGO support for women to access decision-making roles

• Women in the diplomatic service

• Equal rights of women and men to acquire, change or retain their nationality or that of their children

• Equality in education
  • Free public education
  • Literacy programs – disparity between urban and rural women
  • Formal Education – increased participation
  • Human Rights, Sex education and Family Planning curricula
  • Career, technical and vocational guidance at all levels
  • access to the same curricula
  • Elimination of stereotypes
  • Scholarship opportunities
  • Access to continuing education
  • Sports and physical education opportunity
  • Access to health information including family planning

• Elimination in all aspects of discrimination in Employment
  • Occupational distribution, hiring practices and trade union membership
  • Appreciation of Marriage and Maternity concerns, continuous review of Protective Legislation
  • Overseas women workers
  • Women in the Informal Sector
  • Women in government
  • Women entrepreneurs
  • Working Girl Children

• Equality in access to Health care services
  • Legislation: National Health Insurance Act 1995 – Health Research and Development Act 1998, Philippine AIDS Prevention and Control Act 1998, Early Childhood Care and Development Act 2000, Reproductive Health Care Act 2002
  • Women’s Health and Development Program –
    • Reproductive Health
    • Safe motherhood
    • Breast and cervical cancer prevention
    • National AIDS/STD Prevention and Control Program
    • National program on the health of older persons
  • Health programs for children including girl children
  • Advocacy and Research on Women’s Health
  • NGO actions on Women’s Health

• Equal access in Economic and social life:
  • family benefits
  • financial credit
  • recreation, sports and cultural opportunities

• Rural Women
  • Their roles in family economic survival
  • Work in non-monetized sectors of the economy
  • Eliminating discrimination against rural women
  • Equality to participate in development planning
  • Access to health care, family planning, social security, education and extension services
  • Participation in self-help groups and community activities
  • Access to agricultural credit and other facilities
  • Adequate living conditions

• Equality in Law and Civil Matters
  • Equal opportunities to exercise legal capacity such as in concluding contracts and property administration
  • equal treatment in court procedures

• Equality rights with respect to Marriage and Family Relations

Concerns raised by CEDAW Experts

• Definition of discrimination against women has not been put into law
• Time table to change aspects of law, to review and amend such law in line with CEDAW
• Implementation of statistics program needs a time frame
• Family Courts Act 1997 – to include the protection of the rights of women and children against domestic violence and incest
• Fundamental freedoms of Indigenous Women
• Training of judges, police officers and other law enforcement personnel regarding domestic violence and women’s rights
• How Anti-trafficking in Persons Act 2003 is being monitored and how penalties are imposed
• Temporary special measures to increase women’s participation in the judiciary, police and military academies
• Stereotyping and negative portrayal of women
• Progress of gender mainstreaming
• Low participation in education in remote areas and among street children
• Employment – provisions for maternity leave, parental leave for single parents, flexible working hours, disciplinary measures for sexual harassment.
• Women’s reproductive Rights, access to reproductive health services information and services, provision of contraceptive services, illegal abortions
• Vulnerable groups of women:
  • Overseas workers
  • Rural poor
  • Indigenous People
  • Older Women
• Signing of the CEDAW Optional Protocol.

REPUBLIC of CHILE – presented Wednesday August 16 2006

The Shadow Reports from Chilean NGOs and Periodic Reports from the Chilean Government delegation were presented in Spanish and at the time of writing this report, no written English translation is available except on the CEDAW website by visiting the 36th Session of CEDAW where the fourth periodic report may be accessed in six languages. The Chilean Periodic Report has 82 pages which may be printed. Concerns and questions raised by CEDAW experts during the interactive dialogue are also available on the website.

The Periodic Report was presented in an abridged form to the CEDAW Committee. It was prepared by various ministries and agencies under the coordination of the National Office for Women’s Affairs (SERNAM). Progress on improvements in the status of Chilean women since 1998 was addressed. Chilean president, Michelle Bachelet, was elected on January 15 2006 and is the first woman president of the republic. The delegation to CEDAW expressed significant hope for the implementation of women’s rights during this presidency. Contents of the report covered:

• Statistical data

• Gender Mainstreaming  and strategies for implementation through constitutional and legal processes

• Anti discrimination measures through legislation and practices in public institutions, and access to justice through legal protection and non-discrimination in the penal system

• Changing social and cultural patterns including:
  • Prejudice
  • Traditional practices
  • Notions of inferiority
  • Stereotyped functions of men and women
  • Common responsibilities of men and women in rearing children

• Participation in public or elected office and the relationship between the State and civil society

• Promotion of women in the social, economic and cultural spheres, including:
  • Equal education rights
  • Opportunities in employment and work
  • Access to health services

• Marriage and family relations

• Suppression of violence against women, including:
  • Domestic and family violence
  • Sexual violence and trafficking in women
  • Exploitation of prostitution

• Elimination of discrimination against specific groups of women, namely:
  • Rural women
  • Indigenous women
  • Girls
  • Older women
  • Women with HIV/AIDS

Social and Political Systems

The Bachelet government is in process of reviewing current institutional arrangements to progress the implementation of gender perspectives as contained in CEDAW. These include:

• Political Systems – for gender parity
• Education System
• Justice System
• Public Health System
• Social Security System

Concerns raised by CEDAW Experts:

• The Ratification of the CEDAW Optional Protocol
• Ensuring that current government policies cannot be rolled back by a future government
• Government/NGO interactions
• The status of SERNUM
• Legal Aid for low income women
• Trafficking of women and girls, and Prostitution policies
• Involvement of ecclesiastical authorities in decision making – particularly regarding reproductive health
• Practical application of new policies – e.g.
  • Status of equality mechanism
  • Information to the Chilean public about CEDAW
  • Comprehensive care for victims of Domestic Violence
  • Care for child victims of Domestic Violence
  • Programs for prevention of family violence
  • Sex education available to students
  • Pregnant students’ retention in the education system
• The status of patria potestas – paternal authority to administer a child’s estate and/or assets.
• The discriminatory wage gap
• Evaluation processes of the implementation of CEDAW conducted by government bodies.

It is anticipated that this report will provide a useful introduction to the process of establishing women’s rights, in the context of CEDAW, particularly in Philippines and Chile.

Prepared by

Rosemary Grundy PBVM
September 2006

Return to UN Connections Archive