Benefits
of Ratification/Accession of the Optional Protocol to the CEDAW
Convention
The pros and
cons of having an Optional Protocol to the CEDAW Convention (OP-CEDAW)
were expounded during the sessions of the open-ended working group
of the Commission on the Status of Women, which met over a three-year
period during the drafting of the current Optional Protocol. The
Working Group considered the views of governments, inter-government
and non-government organisations on the potential benefits and
existing concerns surrounding the evolution of a complaints mechanism
to the CEDAW Convention. The resulting optional protocol represents
the exchange of views and attempts to take into consideration
the concerns of all those involved in the drafting process. It
is also important to mention that member states of the UN collectively
adopted a resolution on the Optional Protocol to CEDAW and in
so doing expressed their political will to promote this instrument.
When considering
the benefits of the ratification of a human rights treaty, it
is important to consider the impact of the CEDAW Convention at
the national level. The domestic implementation of the CEDAW Convention
has led to many positive changes in laws, policies and procedures.
These changes, instigated by governments and civil society alike
have led to an increased awareness, at all levels of society,
of the need to promote and protect the human rights of women.
Some examples are:
-
Amendments
to national constitutions, prohibiting discrimination against
women;
-
Analysis
of national laws in the light of state obligations under CEDAW
and amendment of those which fail to meet the requirements of
the Convention;
-
Interpretation
of national laws in the spirit of the CEDAW Convention;
-
Enacting
new laws to ensure the elimination of discrimination against
women;
-
Creation
of new ministries and government institutions to promote the
advancement of women;
-
Establishment
of independent Equality Commissions to monitor violations of
women's human rights and provide advice, information and support
in litigation;
-
Development
of educational programmes aimed at promoting women's rights
and/or publicising the CEDAW Convention and general recommendations
issued by the CEDAW Committee.
The benefits
of the OP-CEDAW have been explored and expanded by many articles,
forums and organisations both prior to and since this treaty came
into existence. A wealth of information has been produced regarding
the need for and the benefits of optional protocols to international
conventions in general and the CEDAW Convention in particular.
Some of the gains cited in regard to the OP-CEDAW are:
-
The
improvement and expansion of existing enforcement mechanisms
within the UN system;
-
A
heightened understanding of all dimensions of the rights set
forth in the CEDAW Convention and thereby, increased effective
protection and promotion of women's human rights; and
-
The
strengthening of the CEDAW Convention, placing it on a more
equal footing with other human rights treaty mechanisms and
ensuring it is employed to its full potential.
Some
of the most important gains of the OP-CEDAW are those that
will contribute to the domestic implementation of the CEDAW
Convention: Specifically, the OP-CEDAW will:
- Improve
the understanding of the CEDAW Convention at the national
level and contribute to the further development of anti-discrimination
law. The Communications Procedure of the OP-CEDAW is necessary
to allow for the interpretation and practical application
of the CEDAW Convention in specific factual circumstances.
Since the Communications Procedure requires exhaustion
of domestic remedies, the OP-CEDAW will allow national
courts to develop further jurisprudence on anti-discrimination.
By addressing more cases of discrimination against women,
judicial bodies will assess national laws or policies
and recommend changes in national legislation or practices
in light of the principles of substantive equality and
non-discrimination set forth in national constitutions
and the CEDAW Convention.
- Stimulate
States to take further steps to implement the full range
of legal rights contained in the CEDAW Convention and
trigger changes in discriminatory laws and practices that
limit women's access to justice. The existence of the
procedures contained in the OP-CEDAW can prompt States
parties to take effective steps to ensure women's access
to justice in order to resolve claims at the national
level and avoid international scrutiny. States parties
to the OP-CEDAW will renew their commitment to develop
mechanisms to ensure women are able access legal remedies
when they experience violations to their human rights.
- Create
greater public awareness of human rights standards relating
to discrimination against women. The OP-CEDAW can contribute
to greater awareness and dissemination of the rights contained
in the CEDAW Convention among civil society and government
officials. Moreover, in ratifying or acceding to the OP-CEDAW,
States parties undertake, in accordance with Article 13,
to publicise the CEDAW Convention and its optional protocol
and "to facilitate access to information about the
views and recommendations of the Committee, in particular,
on matters involving that State party".
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Source:
Some of the arguments presented here in favor of the OP-CEDAW
were presented in a paper prepared by Donna Sullivan and submitted
by the Center for Women´s Global Leadership during the Commission
in the Status of Women's 1997 session. Other points were taken
from "Understanding the Optional Protocol to the Women's
Convention: A Guide to Adoption" by Laboni Amena Hoq (IWRAW
Asia Pacific, 1999). Another source is The Convention on the
Elimination of All Forms of Discrimination Against Women: Handbook
for Parliamentarians, (UN, 2003).
This
page was last updated on November 1, 2003
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