GGCA Gender and Climate Change Training Manual - Women's ...

procedures whereby women may file complaints requesting investigation of
violations of rights.
46
CEDAW, commonly referred to as a bill of rights for women, seeks to
promote adoption of measures to secure elimination of different forms (and
levels) of discrimination against women. 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”. 9 Even if an action, law or
policy were not intended to discriminate, it may be discriminatory if such is its
effect (Facio, 1996).
In its preamble, CEDAW states that State Parties are bound to guarantee
men and women equal opportunities in terms of economic, social, cultural, civil
and political rights. State Parties agree to incorporate the principle of equality
of men and women in their national constitutions and/or other appropriate
legislation, and to ensure, through law and other appropriate means, the
practical realization of this principle. 10
In a provision of much relevance to regulation of climate change
matters, the Convention obliges State Parties to take “all appropriate measures
to eliminate discrimination against women in rural areas in order to ensure, on a
basis of equality of men and women, that they participate in and benefit from
rural development” and “participate in the elaboration and implementation of
development planning at all levels”, and “in all community activities”. 11 CEDAW
also recognizes that women should have equal rights to “obtain all types of
training and education, formal and non-formal, including… the benefit of
all community and extension services, in order to increase their technical
proficiency”. 12
The convention also requires State Parties “to take all appropriate
measures to eliminate discrimination against women in other areas of economic
and social life in order to ensure, on a basis of equality of men and women,
the same rights.” 13 In particular when it comes to financial mechanisms, there is
a need to ensure that women have “access to… credit and loans, marketing
9
Article 1.
10
Article 2(a).
11
Article 14.2.
12
Article 14.2(d).
13
Article 13.