About CEDAW

What is CEDAW?

CEDAW is the United Nations (UN) Convention on the Elimination of All Forms of Discrimination against Women. 

It was adopted by the UN in 1979 as one of six primary international documents for the protection and promotion of human rights.

It is the mechanism for realizing the Millennium Development Goals, The Beijing Platform and other international instruments.

It was ratified by New Zealand on 10 January 1985.

What is discrimination?

While women must take ownership for their decisions and how they conduct themselves, another factor which determines how easily a woman can succeed, is "discrimination". 

The Convention 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."

Source: http://www.un.org/womenwatch/daw/cedaw

Discrimination can take the form of direct or indirect discrimination. Direct discrimination as it relates to CEDAW is explicitly based on gender with the severity of the discrimination modified according to age, ethnicity, sexual orientation, socio-economic level and so on. Indirect discrimination is when there are rules, regulations or procedures operating, which have the effect of discriminating against certain groups of people disproportionately to others.

Women are subject to varying levels of discrimination based on their age, their ethnicity, geographical location, sexual orientation, marital status and cultural beliefs.  Any definable difference can be a barrier to a woman's progress; "intersectionality" provides a measure for this. The "intersection" of gender, race, class etc influences a woman's experience of discrimination, with each "intersection" impacting the other.

Also requiring consideration are the social consequences arising from discrimination; some social problems can easily be linked to the stress and pressures that women feel when trying to operate in a structure which is by design oppressive.

Why is this work important?

This work not only breaks new ground in terms of law changes and new policy in New Zealand, rather it is also used as an example for "developing nations".  

The work also promotes problem-solving, the sharing of ideas and solutions and it keeps pace with women's changing lives over the years.

Why is it important for NZ women?

As a member of the United Nations, the New Zealand government has a commitment to support the principles contained in international agreements it has signed.

Having ratified CEDAW, New Zealand is obliged to report regularly on the progress being made to ensure that the principles in the Convention are being applied.

The reporting process provides a way for New Zealand women to tell the government and the international community if and how they are discriminated against.

The NZ government will submit its 2010 Report to the CEDAW Monitoring Committee in September 2010. It is currently anticipated that the Government will report to the Monitoring Committee some time in 2011.

Both the 2002 and 2006 Reports made worthwhile contributions by assisting the Monitoring Committee to draw up questions to pose to the New Zealand Government on gaps in its implementation performance.

In 2006, the CEDAW report stated that:

"In many ways it is heartening to look back over that time and reflect on how much has been achieved, but, as this report shows, there is still much to be done. In some cases we are still trying to make changes that our foremothers tried to set in place. Compared with many countries, women in New Zealand are fortunate in that discrimination is no longer codified in law but the far-reaching effects of social and cultural discrimination can still be seen."

Capturing how things have progressed, regressed or been left unaddressed will be the task of the (Shadow or Alternate) NGO CEDAW Report 2010.

Terminology

NGO CEDAW Reports

The NGO Reports can be classified as either an Alternate or Alternative Report, or as a Shadow Report. In the case of the 2006 Report facilitated by NCWNZ, the initial Report supplied to the UN CEDAW Committee was an Alternate Report. Material which updated the Report during the presentation phase however, changed its classification to that of a Shadow Report.

Alternate or Alternative CEDAW Report

This type of Report is produced without having seen or accessing the State Party Report. There is no reference or response made in this Report to what the State has recorded.

Shadow CEDAW Report

This type of Report is produced following an analysis of the State Report. It makes direct reference to the content of the State Report.

Customarily, NGO's have produced Alternate or Alternative Reports because the consultation phases are undertaken in advance of the production of the State's Report.

Other terminology used

The Government is referred to as a State, or State Party.

Temporary Special Measures

Under Article 4, there is reference to Temporary Special Measures. This reads as follows:

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 the objectives of equality of opportunity and treatment have been achieved.

These measures can manifest in a variety of ways; training and support, preferential treatment, quota systems, and the establishment of targets. Legal mechanisms can also be used under Temporary Special Measures, including the modification of existing laws or their abolition.

There is an obligation on the State Party to implement TSM when a group or person is identified as being disproportionally discriminated against.