Briefing Note women.vp - Capacity4Dev - Europa

EUROPEAN COMMISSIONBriefing N teon Women’s Human Rights

BRIEFING NOTEON WOMEN'S HUMAN RIGHTSJane Hailé, Gender Help Desk, 2006

The series of Gender Briefing Notes 1 is designed to help EC officialsworking in development cooperation to easily identify and account forgender equality issues in specific sectors and thematic areas. TheBriefing notes also build upon material contained in the Toolkit onMainstreaming Gender Equality in EC Development Cooperation (2004)which has been widely distributed 2 .In addition to providing a discussion of the key issues and concepts theBriefing Notes provide in the checklists at annexe, practical examples ofthe mainstreaming of gender equality issues in specific programmeswhich will facilitate implementation of the concepts discussed.1 Draft Briefing Notes have been prepared on gender equality and the following themes: Trade,Decentralisation and Public Administration Reform, Human Rights, Vocational Education and Training andGender Budgeting in Programme Based Approaches to Aid. The Notes have been prepared by the ECGender Help Desk run by the International Training Centre of the ILO. Jane Hailé authored the first three,whilst Nathalie Holvoet wrote the one on Gender Budgeting. Benedetta Magri was responsible for overalleditorial coordination.2 The Toolkit is available online at http://ec.europa.eu/comm/europeaid/projects/gender/toolkit_en.htm

Briefing Note on Women’s Human RightsTABLE OF CONTENTSTABLE OF CONTENTSIntroduction...................................................................................5What is CEDAW? ............................................................................7Ratification ............................................................................................7Reservations ............................................................................................7The CEDAW Committee ..............................................................................7General Recommendations..........................................................................8Optional Protocol .......................................................................................8Treatment of gender equality and women’s rights inother human rights instruments ....................................................8Why do we need a special Convention for women?What is special about CEDAW?.......................................................9CEDAW and Special Groups .........................................................10Convention on the Rights of the Child (CRC) (1990) .....................................10CEDAW and the rights of Indigenous Women...............................................11The CEDAW in policy and programming documents .....................12The link between CEDAW and development co-operation ...........13How EC Officials and their partners can work with CEDAW ..........143Practical suggestions for EC policy dialogue andproject/programme support at the MACRO LEVEL withCEDAW as a conceptual framework..............................................14Points in the Project/Programme Cycle when thisinformation can be used...............................................................16Annexes .......................................................................................17CEDAW and harmful traditional practices: Female GenitalMutilation (FGM) ..........................................................................17Other useful references in electronic format................................19

Briefing Note on Women’s Human RightsINTRODUCTIONINTRODUCTIONThis Briefing Note focuses on the key legal instrument for addressing genderinequalities, namely the Convention for the Elimination of All Forms of Discriminationagainst Women (CEDAW), and provides some practical suggestions as to how ECofficials may both support and benefit from the process of ratifying and implementingthe Convention in their work in Development Co-operation. CEDAW is not of course thefirst or only legal instrument to address gender equality, though it is unique in bringingtogether in one instrument the many different aspects of gender inequality, civil andpolitical, social and economic and cultural. In subsequent sections of this note theother human rights treatises and conventions barring gender-based discrimination arediscussed in more detail.5

Briefing Note on Women’s Human RightsWHAT IS CEDAW?WHAT IS CEDAW?The Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW) was adopted by the UN General Assembly in 1979, after a long process ofglobal consultation and campaigning. It is the most comprehensive and detailedinternational agreement on women’s human rights, and is often referred to as the“international bill of rights for women”. The CEDAW establishes rights for women inboth public and private spheres of activity, that is to say in areas not previously subjectto international standards, most notably in personal and family life, and refersspecifically to reproductive rights and the rights of rural women.CEDAW Article 1For purposes of the present convention, the term “discrimination against women”shall mean any distinction, exclusion or restriction made on the basis of sex whichhas the effect or purpose of impairing or nullifying the recognition, enjoyment orexercise by women, irrespective of their marital status, on a basis of equality ofmen and women, of human rights and fundamental freedoms in the political,economic, social, civil or any other field.RatificationThe CEDAW has currently been ratified by 183 countries, namely 90% of UN members.Ratification makes the provisions of the Convention legally binding upon States Partiesand establishes the dialogue between the State and the “supervisory body” of theCEDAW namely, the Committee for the Elimination of All forms of DiscriminationAgainst Women.7The ratification process for CEDAW has been one of the slowest amongst all UNConventions, and the rate of reservations or objections to specific articles one of thehighest.Countries which have not ratified CEDAW currently include Iran, Qatar, Somalia,Sudan, Tonga and the United States of America.ReservationsCountries may ratify the Convention whilst making certain “reservations” or objectionsto certain Articles, if for example, they consider that the article is not consistent withexisting national laws. Article 16 which pertains to the rights of women in the family,and Article 5 which deals with custom and culture are the most reserved articles.Ratifying countries should take all necessary steps to progressively removereservations by bringing national legislation into line with the provisions of theConvention.Some reservations made by countries concern areas of fundamental importance, suchas the reservations made against Articles 1 and 2 concerning the need to eliminatediscrimination, and appear therefore to be inconsistent with CEDAW’s overall objectand purpose. Whilst the CEDAW Committee has frequently expressed alarm atreservations which in effect preserve the State’s right to continue discrimination inparticular spheres the CEDAW contains no internal mechanism to reject suchreservations.The CEDAW CommitteeThe CEDAW Committee which meets under the auspices of the UN Commission on theStatus of Women (CSW) oversees the monitoring of implementation of the

Convention. It is comprised of 23 experts in women’s rights from a variety ofdisciplines who serve in their personal capacity.Countries which have ratified must present to the Committee an initial report one yearafter ratification and periodic reports every four years thereafter detailing theirprogress in implementing the Convention, and on the overall situation of women intheir country. Reporting is the governments’ responsibility. However, some countriesproduce both an official government report, and a “shadow” report compiled by NGOsand civil society groups 3 . States are now required to report specifically on actionstaken with respect to removal of reservations they have made to certain articles orparts of articles.General RecommendationsIt is important to recognize the implementation of CEDAW as an evolving process. Inthe course of monitoring the implementation it has been recognized that certainaspects of the Convention require more emphasis, or that certain aspects, such asdomestic violence, have not been treated in the main text. A number (25 currently) ofadditional Recommendations have been made to strengthen key areas of the CEDAW.These include recommendations on Violence Against Women (1989); on FemaleCircumcision (1990); on Measurement of and Quantification of the unremunerateddomestic activities of women and their recognition in the Gross National Product(1991); on Disabled Women (1991).Optional ProtocolThe monitoring of CEDAW has been further strengthened by the ratification of theOptional Protocol to CEDAW which entered into force on 22 December 2000. As of June2006, 79 countries have ratified the Optional Protocol.8The Optional Protocol contains two procedures; a communications procedure allowingindividual women, or groups of women to submit claims of rights violations directly tothe CEDAW Committee; and an enquiry procedure enabling the Committee to initiateenquiries where women’s rights appear to have been violated.Treatment of gender equality and women’s rightsin other human rights instrumentsThe international human rights agenda has expanded and evolved since the adoption ofthe Universal Declaration of Human Rights (1948). An extensive body of internationalstandards has been adopted and a wide-range of institutions and procedures has beenestablished to monitor and secure implementation of these rights.Although there are a number of international agreements which pre-date the foundingof the United Nations, most of the international instruments reflecting the norm ofnon-discrimination were established later. Amongst the milestones was the UN Charter(1945) itself which affirms in its preamble “faith in fundamental human rights, in thedignity and worth of the human person, in the equal rights of men and women”. It isstated in Article 1 (3) that one of its purposes is to promote and encourage “respect forhuman rights and for fundamental freedoms for all without distinction” on the basis ofsex or any other grounds.Article 2 of the Universal Declaration of Human Rights (1948) broadly formulates thenorm of non-discrimination, entitling all to “the rights and freedoms set forth in thisDeclaration, without distinctions of any kind”, including distinctions based on sex.The general norm of non-discrimination is also enshrined in the twin Covenants of1966: the International Covenant on Civil and Political Rights (ICCPR) and the3Whilst the official reports on CEDAW can be found at www.un.org/womenwatch/daw/cedaw , examplesof shadow reports are available at http://iwraw.igc.org/shadow.htm.

Briefing Note on Women’s Human RightsWHAT IS CEDAW?International Covenant on Economic Social and Cultural Rights (IESCR) 4 . Eachcontains in Article 3 in almost identical terms, a special provision requiring States thatsign the Covenant to ensure the equality of men and women in the enjoyment of rightsenumerated in the document. Both Covenants include a general non-discriminationarticle that covers gender. In addition the ICCPR contains a free-standingnon-discrimination provision at Article 26.Other international milestones for the rights of women are:• the Declaration on the Elimination of Violence Against Women (1993)• the Convention on the Rights of the Child (Article 2 prohibits discriminationon the -basis of gender) (1990)• the Convention for the Suppression of the Traffic in Persons and theExploitation of the Prostitution of Others (1949)• the Convention on Consent to Marriage, the Minimum Age for Marriage andthe Registration of Marriages (1962)• ILO Conventions 100 (1981), 111 (1958), and 156 (1951) concerning equalremuneration for work of equal value, non-discrimination in respect ofemployment and occupation, and workers with family responsibilities• ILO Conventions 3 (1919), 103 (1952) and 183 (2000) on rights toMaternity Protection• UNESCO Convention against Discrimination in Education (1960)• International Convention on the Elimination of All Forms of RacialDiscrimination (CERD) (1965)• ILO 169 Indigenous and Tribal Peoples Convention (1989)• The Beijing Declaration and Platform for Action (1995) Strategic ObjectiveI.1 concerns ratification and full implementation of the CEDAW• The Maputo Protocol to the African Charter on People’s and Human Rights(adopted July 2003) addresses a broad range of women’s rights andrequires that all forms of female genital mutilation be condemned andprohibited.9Why do we need a special Convention for women?What is special about CEDAW?CEDAW is different in a number of ways from preceding instruments based on theprinciple of non-discrimination which are generally perceived as being “genderneutral”. CEDAW recognizes that equal treatment of persons in unequal situationsperpetuates rather than challenges discrimination. More specifically CEDAWrecognizes the principle of “reverse discrimination” through its Article on temporaryspecial measuresMany other human rights instruments are “gender neutral” in the sense that they arebased on the assumption that the world is a “level playing field”. They guarantee thatcitizens will be treated without discrimination by the State, but that in itself isinsufficient guarantee that inequalities which already exist will be eliminated, or thatinequalities and discriminatory acts will not take place between citizens, or betweencitizens and societal institutions.4Links to the texts of international human rights instruments mentioned here and in the text box beloware to be found at http://www.unhchr.ch/html/intlinst.htm.

According to CEDAW, States Parties must not commit any act of discrimination againstwomen, and they are also obligated to regulate actions of other public and privateorganisations and institutions and other individuals.CEDAW recognizes that the inequality of women is socially constructed rather thaninnate, and provides a broad definition of discrimination (Article 1) which includesovert and indirect discrimination, or any act which has the effect of discriminatingagainst women.CEDAW draws a distinction between de jure and de facto rights, and emphasizes thatthere must be a practical realization of rights (Article 2 a)Another achievement of CEDAW is that it re-affirms the indivisibility andinterdependence of human rights. In the evolution of international human law priorityhas been given to civil and political rights, whilst to social, economic and cultural rightswhich involve some of women’s most pressing concerns have received attention morerecently. Historically civil and political rights have received more attention from humanrights activists.CEDAW recognizes that women’s economic, social and cultural subordination ofteninhibits them from claiming even their basic civil and political rights. It addresses theneed to tackle power relations between women and men in all spheres at all levels,family, community, market and State. It recognizes violations of women in both publicand private spheres as being equally violations of women’s human rights (Article 16).CEDAW moves beyond guarantees of equal treatment by the State and sets outmeasures aimed at achieving substantive equality in all fields, (political, economic,social, cultural, and developmental). Amongst other things this means that unlikeprevious international instruments concerned with non-discrimination between thesexes CEDAW allows for “temporary special measures” such as quotas to ensure equality.10CEDAW recognizes the negative impact of social, customary and cultural practiceswhich are based on the idea of the “inferiority or the superiority” of either sex, or onstereotypical roles for women and men (Article 5). Articles 1 and 5 give the CEDAWConvention the widest possible applicability. States are obliged inter alia to change thecultural, social and legal context which allows such violations as sexual harassment inthe workplace.CEDAW and Special GroupsConvention on the Rights of the Child (CRC) (1990)Not surprisingly there is a considerable degree of commonality between CEDAW andthe Convention on the Rights of the Child (CRC), although many human rights expertsfrom both camps have spent considerable energy in identifying apparent conflictsbetween the two conventions.It is interesting however that differences between the two conventions are perceivedby ratifying states. Countries which reject the concept of universal fundamental rightsof women have had no problem in ratifying the CRC. This is presumably because theCRC is perceived as a convention which addresses the inarguable need to address thecare and protection of children, and it is not seen as anti-discriminatory althoughnon-discrimination provisions are clear and significant. The CEDAW however isperceived as dealing with issues of women’s equality rather than protection whichseems to make it a much more threatening proposition.In terms of potential conflict between the CEDAW and the CRC, women’s rightsactivists have sometimes complained that the CRC stereotypes woman’s role as amother by focussing on the best interests of the child. In fact both conventions stresscommon parental responsibility CEDAW Article 5(b) and 16 (1)(d) CRC Article 18(1)and the best interests of the child.CEDAW has been criticized for being insufficiently specific in addressing such HarmfulTraditional Practices as Female Genital Mutilation (FGM) in Article 5 (a) or Article 12 onHealth Care. However as we have seen the CEDAW Committee subsequently in 1990

Briefing Note on Women’s Human RightsWHAT IS CEDAW?adopted General Recommendation 14 calling on states parties to include in theirperiodic reports measures taken to eradicate female circumcision.Overall it is more helpful to read the two conventions in conjunction as together theyaddress the rights of girls and women throughout the life cycle and across the wholespectrum of their social political economic and cultural roles. For example issues ofnationality are dealt with at Article 9 of the CEDAW and Article 7 of the CRC; sexualexploitation and prostitution is dealt with at Article 6 of CEDAW and in Articles 34, 35,36 of CRC health is dealt with at CEDAW Article 12 and in CRC Article 24 etc.It should not be forgotten that CEDAW is ten years older than the CRC and that thelatter has been able to benefit from the implementation of the former in formulating itsprovisions with added precision in some instances.Both CEDAW and the CRC make states responsible for redressing the “uneven playingfield” in which women’s and children’s independent legal and social status wastraditionally denied,and both break new ground in international law by directly addressing relationshipsbetween individuals, and between individuals, families, organisations, and institutions,as well as between individuals and the State.CEDAW and the rights of Indigenous WomenAs noted earlier, in the course of CEDAW monitoring and implementation it has beendeemed necessary to issue a number of additional Recommendations dealing withthose equality/discrimination issues which need greater emphasis and focus. However,as women are not a homogenous group, the question can be raised as to whether theprovisions of CEDAW are sufficient to deal with discrimination suffered by all women inany society.The situation of gender discrimination amongst Indigenous Peoples is a case in point.Although it is impossible to generalize for all Indigenous Peoples the situation ofwomen in such communities raises some interesting issues.Often indigenous women are described as being in a position of double or triplejeopardy; i.e. as the most disadvantaged members of the most disadvantagedcommunity, and also the most vulnerable to changes consequent on the interfacebetween their community and the outside world.However in some societies the indigenous community functions on more (gender)egalitarian principles than does the dominant group, in terms of decision-making, landownership etc. These egalitarian principles may be threatened by integration with thedominant group.On the other hand women may more easily integrate into a larger community as theyhave skills in the “caring” economy which are much in demand whereas men’sproductive skills in hunting or farming may become irrelevant. This has led to highrates of suicide amongst young men in some societies. Clearly it is necessary toanalyze the situation on a case by case basis.Some experts have noted that gender concerns are still to a large extent not at theforefront of the indigenous discourse. Indigenous organisations/indigenous men oftensee the gender discourse as a Western ideology, representing a threat to their families,and their culture, and see indigenous women’s organisations are seen as being divisiveand threatening to the indigenous movement.Some indigenous women may hold the same opinion, namely that gender is a Westernconcept, and that the reason they are oppressed is due to the fact that the gendercomplementarity that formerly characterized their societies has been destroyed as aresult of colonization, neo-colonization and Western patriarchal ideology. For thembeing indigenous may be more important to their sense of identity than being awoman. This means that they give priority to the common struggle againstracial/ethnic discrimination, abuses and violations of all kinds than to genderinequalities.11

This is evidenced by all the declarations indigenous women have made from the BeijingDeclaration (1995) to the numerous other regional declarations where the right toland/territories and to cultural differences are always their first claims.In terms of human rights instruments applicable to the situation of indigenous womenit would appear that human rights instruments dealing with the rights of IndigenousPeoples mention very little about women or gender issues, and that women’s rightsinstrument such as CEDAW make little specific mention of the concerns of indigenouswomen.Women are only mentioned once in the ILO Convention 169 in Article 21 (d) on equalopportunities and equal treatment in employment for men and women, and protectionfrom sexual harassment.The CEDAW does not include anything specific on indigenous women, nor has a generalrecommendation been issued specific to Indigenous Women, though there is such arecommendation with respect to Disabled Women. However some Indigenous Peoplesexperts consider that CEDAW is applicable because of the general principles ofnon-discrimination on which it is based (Articles 1 and 2 for example) as well as themore specific articles relating to culture (Article 5), marriage and the family (Article 16etc).Despite its lack of specific provisions for Indigenous Women it would seem that it couldstill be a useful tool in the struggle for their rights as for those of other women’sgroups.CEDAW makes specific provisions to avoid possible conflicts with other internationalinstruments: Art. 23 “Nothing in the present Convention shall affect any provisionsthat are more conducive to the achievement of equality between men and womenwhich may be contained: (a) In the legislation of a State Party; or (b) In any otherinternational convention, treaty or agreement in force for that State”.12On the other hand ILO Convention 169 Art.35 states that: “The application of theprovisions of this Convention shall not adversely affect rights and benefits of thepeoples concerned pursuant to other Conventions and Recommendations,international instruments, treaties, or national laws, awards, custom or agreements.”The International Covenant on Civil and Political Rights (1996) addresses in Article 27the rights of minorities and has been used by indigenous persons. The Committee onthe Elimination of Racial Discrimination (CERD) 1965 which considers the application ofthe Convention on the Elimination of All Forms of Racial Discrimination raises issues ofindigenous women during its work. 5In the international field there are also a number of declarations and resolutions whichthough not legally binding exercise a moral influence. Amongst these are Agenda 21and the Rio Declaration (1992) (article 22) the Vienna Declaration on Human Rights(1993) (Articles 28-32); the Beijing Declaration (1995); the Declaration andProgramme of Action of the World Summit Against Racism, Racial Discrimination,Xenophobia and Related Intolerance (2001) (articles 203-209). The draft UNDeclaration on the Rights of Indigenous Peoples (1993) is currently under discussion atthe Working Group of the UN Commission on Human Rights.The CEDAW in policy and programming documentsThe CEDAW is referred to in a number of EC policy documents relating to gender,development and human rights. Amongst these are:• the Programme of Action for Mainstreaming Gender Equality in EC DevelopmentCo-operation (2001).• the Regulation (EC) No.806/2004 on promoting gender equality in developmentcooperation5See http://www.unhchr.ch/html/intlinst.htm

Briefing Note on Women’s Human RightsWHAT IS CEDAW?The European Initiative for Democracy and Human Rights (EIDHR) programmingdocument (2002-2004) includes gender as a cross-cutting issue to be considered in alloperations though gives no specific mention of CEDAW.The Communication from the Commission to the Council and to the EuropeanParliament on the European Union’s Role in Promoting human rights anddemocratization in third countries COM (2001) 252 final makes no reference toCEDAW.OECD/DAC “Guiding Principles to aid agencies for supporting the role of women indevelopment” (1984) requires donors to secure commitment of recipient countries tothe rights of women by ensuring the “recognition of the right of women to participate inthe process of development and to benefit from its fruits”.The link between CEDAW and developmentco-operationThe elaboration of human rights principles and instruments is and has been anevolving process. The so-called “first generation” of human rights emerged fromEurope in 18 th century and focussed primarily on civil and political rights; freedom ofopinion, conscience and religion, freedom from arbitrary arrest or detention etc; thesecond generation of rights inspired by socialist movements of 19 th and 20 th centuriesfocussed on economic, social and cultural rights (decent working conditions, socialsecurity, education and health etc); in 1980s we see the emergence of thirdgeneration; environment, development, peace, communications and humanitarianassistance; these are often termed “group” rights and are predicated on solidarity andrealizable through concerted action 6 .The concept of development as a “human right” has lead to an emphasis on the equalaccess to and distribution of developmental benefits, and also a recognition thatindications of national economic progress might mask inequalities within that country,gender disparity being one of those inequalities, which should be addressed. Thedevelopment by the UNDP of the Gender Development Index (GDI) illustrated quiteclearly that disaggregation of access to and benefits of development by gender couldresult in a country’s position on the Human Development Index (HDI) being changedeither upwards or downwards.According to current thinking on rights-based development, the development processis concerned with redressing all types of inequalities between people and in this sensehuman rights instruments could be said to form the over-arching framework fordevelopment actions. The term “rights-based development” also indicates thatindividuals have a right to equal access to the benefits of development and not just aneed for it. It takes development clearly out of the realms of “welfare”. Whilst a focuson needs essentially emphasizes goals, expanding the focus to rights means that boththe achievement of a goal and the process by which it is achieved are important. Needscan be easily translated into results and goals. Rights however imply that a range ofaccess, information, participation, institutionalization and social equality issues areinvolved in achieving and sustaining these goals. A rights-based approach not onlychanges what is done but it demands changes in how things are done. Needs will beaddressed but there is greater attention to participation, empowerment,capacity-building and sustainability of achievements, rather than service-deliveryalone.136Social and economic rights are concerned with the social and economic status of individuals in a givensociety. They include rights to an adequate standard of living, food, clothing and housing; rights to landand property; rights to physical and mental health; right to education; right to work and to favourableworking conditions; right to social security. Whereas civil and political rights (equality before the law,liberty and security of person, privacy, freedom of movement, right to citizenship, freedom of religion,belief and opinion, freedom of expression, freedom of assembly, demonstration, picket and petition, freedomof association, right to vote and run for office) which act in the domain of formal equality and require theState not to interfere with individuals’ freedoms, social and economic rights aim at the attainment ofsubstantial equality and imply a whole range of services which the State has to provide to its citizens.

The CEDAW includes articles relating to women’s rights of all kinds and in all spheres ofaction at all levels. Article 14 relates to the special needs of rural women, recognizingthat they have often been harmed by the “modernization” of agriculture, and also thatall or a large part of their work may take place in the non-monetized and thereforeunrecognized areas of the economy.14HOW EC OFFICIALS AND THEIR PARTNERSCAN WORK WITH CEDAWEC officials and their partners can work with the CEDAW implementation process in anumber of ways:Policy dialogue: The CEDAW is a formidable tool for advocacy. Discussion on progressmade in realizing commitments to CEDAW, and removing significant reservations, shouldfeature in policy dialogue with nation partners in the context of developing the CountryStrategy Papers (CSPs) or in establishing Sector Programme Support. Information aboutnational commitments and their realization can be obtained by reading the periodicreports submitted by official and civil society sources. The National Women’s Machinery(NWM) in whatever form that takes normally coordinates CEDAW reporting.Data base for programming: the periodic reports on CEDAW which provide informationnot only on the ongoing work to bring national legislation into line with the provisions ofCEDAW, but also on the situation of women in the country, are a good source ofinformation to be incorporated in the Country Strategy Papers or used in project andprogramme formulation.EC Projects and Programmes: the EC can through its programmes of cooperationsupport the CEDAW implementation process in a number of ways. Women may bedenied their rights for three main and inter-related reasons.First, inequalities may have a legal basis. For example women may not have the right tovote, to inherit land, to obtain credit, to travel without the permission and/or company ofa male relative, to initiate divorce, to pass their nationality to their children.Second, whilst the written law may guarantee equality, the application of the law maybe discriminatory in strongly patriarchal societies where there are few women inpositions of authority.Third women may be ignorant of their rights or not sufficiently “empowered” to claimthe rights that they do have.The CEDAW in its comprehensiveness providesarightsframeworkforprogrammesinallsectors and at all levels. This framework can be applied to projects andprogrammes with or without overt human rights or women’s rights objectives.Practical suggestions for EC policy dialogue andproject/programme support at the MACRO LEVEL withCEDAW as a conceptual framework• Encourage and support CEDAW ratification, and reporting by government and byNGOs; support the widest possible participation in compiling the reports to theCEDAW Committee, and the widest possible dissemination of the CEDAWCommittee’s comments at the national level.• Ensure that the CEDAW commitments are featured in policy dialogue with partnercountries in Country Strategy Paper compilation, in dialogue on Sector Programme

Briefing Note on Women’s Human RightsWORKING WITH CEDAWSupport, MDG reporting and other contexts such as follow-up to the BeijingConference 7 .• Assist countries to translate CEDAW commitments into legislative and policyreform in all sectors.• Encourage implementation of gender equality commitments at the level ofinstitutions (parliament, ministries, National Women’s Machinery, media) throughproviding support to programmes which enhance women’s participation inelections as candidates and voters; through specific actions or temporary specialmeasures (quotas) to get more women into decision-making positions in all sectors(public/private) and at all levels.• Reflect partner country’s commitments to CEDAW, and their achievements andchallenges in implementing those commitments, in key EC documentation(CSP/NIP, Financing Proposals, Annual Reports of Delegations etc).• Practical suggestions for EC project/programme support at the MESO LEVEL withCEDAW as the conceptual framework• Support actions which ensure that the legal system, judiciary, police, probationofficers, juries etc, aware of and implementing women’s rights legislation.• Support universities and faculties of law in incorporating teaching on CEDAW intotheir curriculum.• Support actions which ensure that the administrative and service–delivery systemat all levels are aware of and implementing women’s rights policies and legislation(health, education, social affairs).• Work with the media to raise the level of public debate on women’s rights issues; inproviding substantive reporting on successes and failures, in ensuring the widestpossible participation in the CEDAW monitoring and reporting process.15Practical suggestions for EC project/programme supportat MICRO LEVEL with CEDAW as the conceptualframework• Support programmes of legal literacy designed to make women and men, boys andgirls aware of their rights, relative to the State, to other institutions andorganisations in all sectors and at all levels, to the community and in the family.• Support actions to ensure that women and men have equal access to andparticipation in the legal process, and are able to implement their rights in allsectors and at all levels, and are guaranteed protection and redress in case ofviolation of their rights• Ensure through electronic, print and interpersonal media the enhancedparticipation of women and men in the CEDAW monitoring process.• Ensure that project/programme identification and formulation exercises in allsectors benefit from up-to-date information generated by the CEDAW reportingprocess.7The Beijing Declaration and Platform for Action (1995) recognizes as Strategic Objective I.1 to promoteand protect the human rights of women, through the full implementation of all human rights instruments,especially the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Points in the Project/Programme Cycle when thisinformation can be usedThe information contained in this Briefing Note is intended to facilitate theincorporation of women’s rights and gender equality concerns into policy dialogue withpartners. It can also be used in the identification and analysis of gender equality issuesin a given project or programme at any stage in the project/programme cycle; inevaluating project concepts and ideas; in reviewing project proposals; in drafting TORfor external consultants for identification/formulation/monitoring or evaluationmissions; and for reviewing Country Strategy Papers.Other useful resources on gender and human rights.The full text of CEDAW, the Recommendations, and the Optional Protocol, andinformation about ratification and reporting is available atwww.un.org/womenwatch/daw/cedawAnother excellent site is that of the International Women’s Rights Action Watch – AsiaPacific at http://wwww.iwraw-ap.orgThe Toolkit on Mainstreaming Gender Equality in EC Development Cooperation(Section One, Chapter Two) contains relevant information in all sections (2004)http://ec.europa.eu/comm/europeaid/projects/gender/toolkit_en.htmPathway to Gender Equality- CEDAW, Beijing and the MDGs, UNIFEM/GTZ (2005)Women and Human Rights: the basic documents (Centre for the Study of HumanRights, Columbia University (1996)Women and human rights (Ed) Katarina Tomasevski, Zed Books (1995)16Assessing the Status of Women: a Guide to Reporting Under the CEDAWCommonwealth Secretariat, IWRAW (1996)Female Genital Mutilation: a Guide to Laws and Policies Worldwide, Zed Books (2000)Indigenous Women: a gender Perspective by Chandra Roy, Resource Centre for theRights of Indigenous Peoples (2004)

Briefing Note on Women’s Human RightsANNEXESANNEXESCEDAW and harmful traditional practices:Female Genital Mutilation (FGM)The question is often raised as to how the “Women’s Convention” can be usedto address the practice of Female Genital Mutilation (FGM), which has deepcultural sanctions in the societies where it is practised, and is often supportedby women themselves.This question raises two general points; first, that all societies operate with aplurality of codes of behaviour only some of which are sanctioned by nationallaw; and second that people who fall into the same general social category, forexample men or women, are not homogeneous with respect to their interestsand beliefs. Women as the least empowered tend to be less prepared to takerisks and are therefore more likely to support traditional practices andbehaviour such as FGM. For them the maintenance of this practice is inter alia abadge of social and cultural identity. However, in most if not all instances therewill be some individual women and women’s organisations who oppose it.Similarly, there will be a spectrum of opinions amongst boys and men as to theinevitability of this practice. People who advocate for change in harmfultraditional practices must see the plurality of legal and cultural codes, and theheterogeneity of beliefs and practices, as opportunities rather than obstacles,and try to identify and support individuals and organisations within the societywho are working for change.What is it?FGM is a procedure which removes part or all of the sensitive external female sexualorgansThe short and long-term physical complications and the psychological effects can bevery severe.17Where do we find it?FGM is found in 28 countries of the African continent, some parts of the southernArabian Peninsula, among Muslims in Malaysia, Indonesia, and some minority groupsof Pakistan and India; amongst some indigenous people of South America.It is not a requirement of either Christianity or Islam and pre-dates the arrival of boththose religions in Africa. On the African continent FGM is practiced by Jews, Christians,Muslims and by some indigenous groups. It is associated with strongly patriarchalsocieties, although not all of such societies practise FGM. Worldwide an estimated 130million girls and women have undergone FGM, and approximately 2 million girls eachyear are subjected to some form of this procedure.What is the rationale for this practice?Many different reasons (psychosexual, sociological, hygienic and aesthetic, mythicaland religious) are given for the practice. (reduction of female sexual desire, prepareswomen for marriage and adulthood, express cultural identity, make the female bodymore beautiful, improve fertility and housewifery skills, and conform to religiousrequirements). Whatever the rationale it can be seen as a mechanism to controlsexuality and to impress upon girls and women their subordinate position.

How can FGM be addressed at different levels• MACROFGM contravenes the human rights of girls and women. The most importantinternational conventions and declarations in this regard are the CEDAW (Articles 1and 5); the CRC (Article 19); the Declaration on the Elimination of Violence AgainstWomen (Articles 1 and 2). The Beijing Platform for Action specifically addresses thisissue in paragraphs 107, 118, and 232. At the regional level the Banjul Charter(Articles 4 and 5), the Maputo Protocol to the African Charter on People’s and HumanRights)(Article 5) and the Inter-American Convention on the Prevention, Punishmentand Eradication of Violence Against Women (Article 1), specifically address this issue.To work for the eradication of FGM at country or regional level it is necessary to identifywhat commitments have been made, and which organisations are working to monitor,implement and report on these commitments. What is the position of NationalWomen’s Machineries reporting on CEDAW /Beijing and groups reporting on CRC withrespect to FGM. The prevalent beliefs and debate about FGM amongst government andlegislature, NGOs, academia, the media need to be understood.• MESOAt this level it is important to identify what institutions are concerned with this practiceeither as performing the practice or dealing with the side-effects; recording thepractice; defending or opposing FGM. FGM may be being performed solely or partiallyin hospitals and clinics. It may be a practice that is defended by the health system, theeducation system, the judiciary, police, the media etc. Conversely there may begroups in both public and private sectors who oppose this practice who should beidentified and supported. Is there work been done at this level in public or privatesector groups to eradicate FGM.18• MICROIs there information on the incidence and prevalence of FGM. Who performs FGM andfor what rewards. What are the different groups interested in maintaining this practice.Are there individuals, families, and community organisations who are not submittingtheir girls to FGM. Are there individuals and groups working to eliminate the practice,and if so what is their strategy and approach.EC Support to eradicate FGMEradicating female genital mutilation is a target of the European Initiativefor Democratisation and Human Rights (EIDHR). Current projects fundedunder EIDHR include the STOP Female Genital Mutilation campaign, aninternational campaign to eradicate female genital mutilation, which hasreceived nearly €1 million of Commission funding over the last two years.This excellent initiative has launched an international appeal for theeradication of FGM, signed by 25,000 people, including Nobelprize-winners. It has also provided legal expertise and training tostakeholders, launched a pilot media campaign in Kenya, and held theCairo Afro-Arab conference on legislation for the elimination of femalegenital mutilation. Many of the EC projects against female genitalmutilation take place in countries of sub-Saharan Africa. But the practiceis also very prevalent in Egypt (an estimated 94% of married women ofreproductive age have been subject to the practice). The Commission isfunding a project for children at risk, providing family outreach, socialmarketing and communication and community service initiatives. Acomponent of this project is the fighting against FGM. The EC tackles arange of harmful traditional practices, including honour killings and forcedmarriage, through education and literacy programmes, legal systemreforms and supporting the implementation of the CEDAW.

Briefing Note on Women’s Human RightsANNEXESOther useful references in electronic format1. Selection of major instruments against discriminationCEDAW, Optional protocol to CEDAW, CRC, CERD, ILO C111, ILO C169, Protocolto the African Charter on Human and People’s Rights on the Rights of Women inAfrica2. Other useful resourcesCEDAW general recommendations no.12, 14, 17 and 18Guide to CEDAW reporting;International indigenous women's forum declaration,Excerpt from the Danida Toolkit on Integrating Indigenous Peoples in SectorProgramme Support,Editorial of IWGIA 1-2/04 on Indigenous women, Jane Hailé, EC Gender HelpDesk (ITC/ILO) , March 2006.19