Training Manual on Gender Sensitivity and CEDAW

More documents

Recommendations

Info

Unit Three: CEDAW and the Courts Because of a State Party’s ratification of a treaty, it offers itself to scrutiny on the basis of standards set forth in the Convention. In the case of CEDAW, the Philippines is bound to report every four years to the CEDAW Committee regarding the status of its treaty compliance. 12 Under CEDAW, State obligations are found in: • General Undertakings (Articles 2-5) • Specific Undertakings (Articles 6-16) 12. What are our core State obligations in CEDAW The core State obligation of the Philippines is found in Article 2 of CEDAW. Article 2 binds States Parties to “pursue with all appropriate means and without delay a policy of eliminating discrimination against women”. To this end, State Parties undertake to: • Embody the principle of equality in their constitution and laws • Ensure practical realization of the principle of equality • Prohibit discrimination against women • Refrain from discrimination • Eliminate discrimination by any person, organization or enterprise • Modify or abolish laws, regulations, customs and practices that constitute discrimination • Repeal discriminatory penal provisions 13. How can a State Party achieve equality in its jurisdiction if discrimination is so well entrenched in its culture Article 4 of CEDAW allows a State Party to adopt special measures. Article 4 states: [1.] Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when objectives of equality of opportunity and treatment have been achieved. [2.] Adoption of States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory. 14. What are these temporary special measures According to CEDAW General Recommendation #25 (para. 17), temporary special measures are: 17. The travaux préparatoires of the Convention use different terms to describe the “temporary special measures” included in article 4, paragraph 1. The Committee itself, in its previous general recommendations, used various terms. States parties often equate “special measures” in its corrective, compensatory and promotional sense with the terms “affirmative action”, “positive action”, “positive measures”, “reverse discrimination”, and “positive discrimination”. These terms emerge from the discussions and varied practices found in different national contexts. In the present general recommendation, and in accordance with its practice in the consideration of reports of States parties, the Committee uses solely the term “temporary special measures”, as called for in article 4, paragraph 1. 24
Unit Three: CEDAW and the Courts 15. How does General Recommendation #25 define the elements of temporary special measures 20. Article 4, paragraph 1, explicitly states the “temporary” nature of such special measures. Such measures should therefore not be deemed necessary forever, even though the meaning of “temporary” may, in fact, result in the application of such measures for a long period of time. The duration of a temporary special measure should be determined by its functional result in response to a concrete problem and not by a predetermined passage of time. Temporary special measures must be discontinued when their desired results have been achieved and sustained for a period of time. 21. The term “special”, though being in conformity with human rights discourse, also needs to be carefully explained. Its use sometimes casts women and other groups who are subject to discrimination as weak, vulnerable and in need of extra or “special” measures in order to participate or compete in society. 16. Has the Philippines enacted any temporary special measures in the context of CEDAW Yes, the Philippines has enacted a variety of temporary special measures to address the needs of women. A good example of this is the Gender and Development (GAD) Budget: When the General Appropriations Act was passed in 1995, Section 27 mandated that all government departments, bureaus and agencies allocate five percent (5%) of their budget for gender and development. This has been known as the GAD budget and the provision has been retained in subsequent appropriation acts. Through the GAD budget various gendersensitivity trainings have been conducted in order to develop awareness on gender-related issues and concerns. 17. What are the other specific undertakings of the Philippines under CEDAW The other specific undertakings of the Philippines under CEDAW are found in the following provisions: Art. 6 Trafficking and Prostitution Art. 7 Political and Public Life Art. 8 Participation at the International Level Art. 9 Nationality Art. 10 Education Art. 11 Employment Art. 12 Healthcare Art. 13 Economic and Social Benefits Art. 14 Rural Women Art. 15 Equality before the Law Art. 16 Marriage and Family Life 18. What are the interpretive tools of CEDAW CEDAW has two interpretative tools: the General Recommendations and the Concluding Comments. 25
Page 2 and 3: Foreword The United Nations Develop
Page 5: INTRODUCTION The Supreme Court of t
Page 8 and 9: Unit One: Gender Sensitivity <stron
Page 16 and 17: Unit Two: Gender-Fair Language Joey
Page 18 and 19: Unit Two: Gender-Fair Language Topi
Page 20 and 21: Unit Two: Gender-Fair Language Unit
Page 22 and 23: Unit Three: CEDAW and the Courts
Page 24 and 25: Unit Three: CEDAW and the Courts CE
Page 26 and 27: Unit Three: CEDAW and the Courts 4.
Page 30 and 31: Unit Three: CEDAW and the Courts Ge
Page 32 and 33: Unit Three: CEDAW and the Courts pr
Page 34 and 35: Unit Three: CEDAW and the Courts In
Page 36 and 37: Unit Three: CEDAW and the Courts
Page 38 and 39: Unit Three: CEDAW and the Courts ch
Page 40 and 41: Unit Three: CEDAW and the Courts Be
Page 42 and 43: Appendix A: Case Studies Case Study
Page 48: Appendix A: Case Studies Chart: UN

Training Manual on Gender Sensitivity and CEDAW

Create successful ePaper yourself

Delete template?

Save as template?