Women's Human Rights Resources Database

Amnesty International prepared this report to follow up on one of the recommendations contained in CEDAW's 2008 Concluding Observations on Canada, namely that Canada should examine the reasons for the failure to investigate the cases of missing or murdered Indigenous women and to take the necessary steps to remedy the deficiencies in the system. The report contends that in the year since it received the recommendations, the Government of Canada has not consulted Indigenous women's organizations and has failed to effect any meaningful progress on the Committee's recommendations.

This briefing focuses on the lack of protection for female domestic workers against gender-based violence, and discrimination faced in the fields of employment, health and education in Indonesia. Discriminatory employment legislation and a lack of state mechanisms to prevent and punish violence against women domestic workers results in many women being subjected to physical, psychological and sexual violence. The briefing focuses on two concerns with regard to CEDAW: the obligation of the state to prevent and punish all forms of violence against women; and the obligation of the state to take all appropriate measures to eliminate discrimination against female domestic workers in the fields of employment, health and education.

This article discusses how human rights mechanisms can be utilized to combat violence against women. Local movements must be linked to the growing global womens movement, and women must be encouraged to recognize themselves as subjects with rights and the capacity to confront oppressive judicial institutions. The demand for human rights must be linked with alternative ethical visions against the patriarchal structure of the geopolitical system. However, the human rights framework can only be effective as a legal mechanism of advancing social change in conjunction with the strengthening of feminist social welfare states and the building of a movement that positions itself as a political actor in a position to negotiate and make agreements with other legitimate actors. Translating international advances into legal norms and government policies requires a holistic and inclusive development model under the feminist principles of equality, empowerment, solidarity, and cooperation.

This guide, published by the Australian Human Rights Commission, is designed to provide practical information for women experiencing violations of their rights, their lawyers and advocates on how to access the Optional Protocol to CEDAW and other international complaint mechanisms. It provides detailed information on CEDAW and its Optional Protocol, including a thorough explanation of the means through which it can be accessed, namely the communication and inquiry procedures. The guide also provides information on other international complaint mechanisms, as well as practical considerations such as seeking legal assistance. The appendices include sample communication procedure forms and inquiries.

The British Columbia CEDAW Group, a coalition of women's NGOs committed to advancing the equality of women and girls, submitted a report on the occasion of Canada's fifth periodic report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The document asserts that the province of British Columbia is failing in its CEDAW obligations. Specifically, the report states that (1) the Provincial Government is not fulfilling its obligations to women and girls as set out in CEDAW and (2) the post 2001 changes to provincial legislation and programs violates the general obligation under CEDAW to take all appropriate measures to ensure the full development and advancement of women and thus represent a backwards step in British Columbia's compliance. [Descriptors: CEDAW Convention, Canada]

The British Columbia CEDAW Group, a coalition of women's NGOs focused on advancing the equality of women and girls, submitted a report to the Committee analyzing the BC government's implementation of the priority recommendations contained in the Committee's 2008 Concluding Observations on Canada. The report asserts that the Government of British Columbia has failed to act on both of: (i) women's poverty and the lack of adequate social assistance; and (b) the systemic failure to prevent or investigate violence against Aboriginal women and girls. The report concludes that the Government of British Columbia is in violation of its obligations under Articles 2 and 3 of CEDAW. British Columbia CEDAW Group, Nothing to Report: A Report on Progress in Implementing Priority Recommendations made by the Committee in its 2008 Concluding Observations on Canada, (January 2010), online: .

The coalition known as the Canadian Feminist Alliance for International Action (FAFIA) was founded in 1999 to monitor Canada's implementation of its human rights commitments to women. This toolkit was designed for coalition members, policy-makers and parliamentarians. The aim is to help these groups and individuals to understand the intricacies of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and show how they can take action to ensure UN recommendations are implemented at all levels of government. The pack is divided into four sections: (1) Women and the Convention in Canada; (2) Spreading the Word; (3) What Governments in Canada Must Do; (4) CEDAW in the Global Context. FAFIA acknowledges that Canada takes its obligations under CEDAW seriously; however, the coalition states that the pursuit of women's equality requires engagement by women across Canada at all levels of government. The toolkit includes a list of resources and an evaluation form. [Descriptors: CEDAW Convention, Canada]

This resource is a guide for advocates working to stop FGM, intended to assist with engaging governments by holding them accountable under international human rights law. Characterizing FGM as a violation of the human rights of women and girls has significant consequences for both NGOs and governments. A multi-strategy approach receptive to the efforts of NGOs and international organizations must be guided by respect for the human rights of girls and women, and will promote social participation and economic empowerment as critical practices in establishing accountability for human rights violations. Regional coordination is essential in advancing policies to eliminate FGM, as is the adequate monitoring of national progress.

Commenting on the country report submitted by Burundi for its 40th Session, the Committee expresses its concern over the high number of women and girls who are victims of sexual violence, as well as the impunity enjoyed by perpetrators and the amicable settlement of cases through forced marriage of the victim to the perpetrator. Sexual violence is also present in detention centres, where women are not always separated from male prisoners. The Committee also notes the absence of effective measures within Burundi to combat trafficking in women. The Committee makes clear that a comprehensive strategy involves legislation, public-awareness campaigns, training for the judiciary, law enforcement, legal professionals and health professionals, and enhanced access to justice and legal, medical and psychological support for victims.

Commenting on the country report submitted by the Cook Islands for its 39th Session, the Committee expresses concern about the persistence of VAW, the failure to recognize marital rape as an offence under the penal code, and the extent of prostitution linked to the country's tourism industry. The Committee recommends the development of a comprehensive strategy in conformity with General Recommendation 19, including public- awareness campaigns, service provision for victims, and training for the judiciary and public officials. It also encourages the State to pursue a holistic approach to addressing prostitution which involves providing women with educational and economic alternatives, taking steps to discourage the demand for prostitution, and ensuring the effective prosecution and punishment of those who exploit prostitution.

Commenting on the country report submitted by Guinea for its 39th Session, the Committee expresses concern over the persisting stereotypes, and cultural norms, customs and traditions, such as female genital mutilation (FGM), that are harmful to women and girls. It also notes with concern the prevalence of violence and persisting patriarchal attitudes that deem such conduct acceptable, and the lack of information about the extent of trafficking within Guinea, particularly from rural to urban areas. The Committee encourages the State to "view culture as a dynamic dimension of the country's life and social fabric, subject to many influences over time and therefore subject to change". Consequently, it recommends that the State put in place a strategy with clear goals, timelines and monitoring mechanisms to modify or eliminate harmful cultural stereotypes or practices and their underlying justifications. The Committee also offers recommendations specific to the issue of FGM.

In commenting on the positive steps reported by Jordan during the 39th Session, the Committee takes note that it amended its penal code so that it no longer exonerates perpetrators of crimes committed in the name of honour and that it established the Family Reconciliation Centre as a refuge for women fleeing abusive situations. The Committee also identifies a number of areas of concern, including the prevalence of VAW and harmful social attitudes that may deter victims from reporting abuse, the fact that honour crimes are treated differently from other crimes of violence, the persistent lack of shelters and services for victims of VAW and the practice of putting women at risk in "protective custody" which deprives them of their liberty.

Commenting on the country report submitted by Sweden for its 40th Session, the Committee commends the State party for its 2007 action plan on VAW, new legislative initiatives with respect to domestic and sexual violence, the introduction of a provision criminalizing human trafficking, and the possibility of issuing time- limited residence permits to victims and witnesses of trafficking. The Committee does note, however, that the provision of support services varies between municipalities, to the detriment of particularly vulnerable victims, such as those with disabilities. It is also concerned with insufficient data on the prevalence of trafficked women and girls within Sweden, and the occurrence of trafficking, prostitution and related issues committed by Swedish citizens abroad.

Commenting on the country report submitted by Nigeria for its 41st Session, the Committee notes with approval the awareness-raising campaigns, training programs, and support service provision undertaken by the State party. It also raises concerns about the lack of a comprehensive national law and strategy within the State on VAW, and the lack of government support for NGOs working to combat VAW. The Committee's recommendations focus specifically on combating trafficking, enacting comprehensive legislative on violence against women, and increasing support for NGOs.

In its General Recommendation 12, the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) states that articles 2 (policy measures), 5 (guarantee of basic human rights and fundamental freedoms), 11 (employment), 12 (health), and 16 (marriage and family life) of CEDAW require States to act to protect women against violence of any kind through the use of legislation and other appropriate measures, the provision of support services for victims, and the aggregation of statistical data on the incidence of VAW. States should also include information on VAW in their country reports to the Committee, including measures introduced to combat VAW.

General Recommendation 19 is the CEDAW's key recommendation on violence against women. The Committee notes that gender- based violence in all forms "impairs or nullifies the enjoyment by women of human rights and fundamental freedoms" and that States are responsible for violence perpetrated by public authorities and for private acts with respect to which they have failed to act with due diligence to prevent, investigate and/or punish the violation of rights. Thus, laws against family violence and other forms of VAW must reflect the seriousness of such offences, give adequate protection to all women in all areas, and respect their integrity and dignity. Such legislation should also be coupled with appropriate support services. Because certain entrenched prejudices and traditional practices may justify gender-based violence as a form of protection or control over women, States must act to overcome and eliminate such harmful attitudes and customs. States must also take all appropriate measures to suppress all forms of trafficking in women and the exploitation and prostitution of women, including by taking preventive and punitive measures against traffickers and by addressing vulnerabilities raised by poverty, unemployment, armed conflict and the occupation of territories. Unequal access to health care, compulsory sterilization and forced abortion put the health and lives of women at risk and, therefore, also constitutes VAW.

In A.T. v Hungary, the complainant ("author") alleges that Hungary has violated articles 2(a) (equality in legislation), (b) (legislative measures prohibiting discrimination), and (e) ("all appropriate measures" to eliminate discrimination), 5(a) (modification of social and cultural patterns) and 16 (marriage and family life) of the Convention by failing to take all positive measures to provide her with effective protection from her common-law husband, who was allowed to return to their apartment based on arguments regarding his right to property, notwithstanding pending criminal charges of battery against the author. The author could not move to a shelter as there was none in the country equipped to house her disabled child. The Committee finds that Hungary has violated all the articles of the Convention alleged by the author, because of the inadequacy of the legal and institutional arrangements in Hungary to provide immediate protection, the primacy given to privacy and property rights by Hungarian courts over the author's rights to life and security, and the lack of alternative avenues for the author to pursue protection.

The Rules of procedure of the Committee on the Elimination of Discrimination against Women (the "CEDAW Committee") etablish the composition and functions of the Committee (Parts I & II). Second, the Committee's Rules set out the procedures governing the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (the Women's Convention") (Part III) and list the Committee's policy on interpretation (Part IV).

States Parties to multilateral conventions may file "declarations" that generally serve to clarify or expand upon a States view of its obligations under the Convention. Reservations indicate that a State does not consent to be bound to a particular duty under the Convention. States may not file reservations which defeat the "object and purpose" of the treaty. States may also file objections to reservations filed by other states. This document, produced by the CEDAW Committee is a list of the declarations and reservations entered by States Parties to the Women's Convention

The Committee on the Elimination of Discrimination Against Women issues recommendations which may be used as an aid to interpreting the Convention on the Elimination of All Forms of Discrimination Against Women. The General Recommendations which refer to substantive rights of women deal with the following subjects: #3 - Article 5, public education campaigns #4 - withdrawal of reservations made to CEDAW #5 - adoption of positive measures to promote real equality between men and women #6 -creation of effective national machinery to monitor and promote women's rights #8 - implementation of article 8 of the Convention #9 - need for statistical information relating to women #12 - violence against women #13 - equal pay for work of equal value #14 - elimination of female circumcision or FGM #15 - women and HIV/AIDS #16 - unpaid work in rural and family enterprises #17 - unrecognized value of women's work in the gross national product #18 - disabled women #19 - violence against women #20 - reservations to the Convention #21 - equality in marriage and family relations #23 - political and public life #24 - women and health.

This article demonstrates how CEDAW can be used to protect displaced and stateless women and girls who are vulnerable to violence and discrimination. The article provides an overview of the role of the Committee on the Elimination of Discrimination Against Women and describes the structures in place that support it in this role. The article discusses the lack of formal structures supporting the UNHCR in its function of overseeing implementation of statelessness conventions. The article suggests that CEDAW can be used to complement the role of the UNHCR by monitoring the implementation of human rights obligations in respect of displaced and stateless women.

Canada submitted its Fifth Periodic Report to the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW Committee) in April 2002. The report was considered by the CEDAW Committee at its 28th Session, 13-31st January, 2003, at U.N. Headquarters in New York. The report outlines Canada's measures to achieve equality for women in accordance with its obligations under the CEDAW Convention. The report is divided into four sections with Part I of the report providing an overview of the situation of women in Canada generally, and Parts II, III & IV containing a review of the measures adopted by the federal, provincial and territorial governments respectively. [Descriptors: Applying Human Rights Law - Domestic, CEDAW Convention, Canada]

This guide, prepared by International Women's Rights Action Watch, provides NGOs who wish to submit shadow reports to CEDAW with information on new opportunities presented by the UNs Harmonized Guidelines for reporting. Under the new structure, reporting State Parties and NGOs can submit a common core document that includes a full account of laws, policies and infrastructure relating to human rights policy and implementation rather than separate, targeted documents prepared for each separate treaty monitoring body. The guide provides practical suggestions on how to prepare a shadow report to CEDAW. International Women's Rights Action Watch, Producing NGO Shadow Reports to CEDAW: A Procedural Guide (January 2009), online: .

These procedural and format guidelines are designed to assist nongovermental organization in producing shadow reports during the state reporting process under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The CEDAW Committee reviews shadow reports along with the official government reports when evaluating government efforts to meet the obligations of the CEDAW Convention. This guide includes background information on the state reporting procedure, advice on organizing a shadow report for maximum impact, suggestions for an executive summary, a list of useful materials, and advice on approaching the CEDAW Committee. [Descriptors: Applying Human Rights Law - International, CEDAW Convention, International]