CEDAW Components

As with any law, CEDAW is a living and dynamic document that derives and develops its meaning from application, engagements and contestations that deepen and expand the understanding of women’s human rights. The General Recommendations and Concluding Comments that form a part of the Convention, transform the static provisions of the treaty codified in 1979 into a vibrant law that absorbs and responds effectively to emerging challenges. The General Recommendations and Concluding Comments together with the Articles of the treaty comprise the Convention.

Text of the Convention
General Recommendations
Concluding Comments
Optional Protocol

Text of the Convention

The Convention has a preamble followed by 30 Articles. The preamble states the general premise of eliminating discrimination. Article 1 defines discrimination while Articles 2-4 cover the general obligations undertaken by States Parties. The Articles from 5-16 cover the substantive provisions – they specify the different areas that particularly affect women and the state obligations in that regard; some of the common areas of discrimination listed under the Articles are education, (Article 10), employment (Article 11), health (Article 12), and political participation (Article 7). This is an indicative list of areas and not an exhaustive coverage of areas of gender discrimination that CEDAW addresses. The later Articles, 17-30 detail the constitution and functioning of the Committee, the review process and the Committee’s reporting and communication procedures with other UN bodies. (Source: CEDAW- Restoring Rights to Women 2004, UNIFEM South Asia Regional Office and PLD)

Click here for the full text of the CEDAW Convention

General Recommendations are based on the Committee’s examination of reports and information received from States Parties. They are interpretative comments on specific Articles of the Convention that the Committee considers to be of concern during the review of reports. General Recommendations are one means by which the Committee addresses contemporary and cross-cutting issues to explain and expand the scope of the Convention. Until now, there have been 25 Recommendations. Among the Recommendations the significant ones are: General Recommendation 19 on violence against women that places accountability on the States Parties to take “appropriate and effective measures to overcome all forms of gender-based violence, whether private or public acts; “ General Recommendation 21 on women’s equality within marriage and family relations; General Recommendations 16 and 17 that address discrimination flowing from sexual division of labour in family enterprises and at home; and Recommendations 23 and 24 that aim at eliminating discrimination against women in political and public life and in accessing health services.

Click here for General Recommendations

Concluding Comments

An important part of any law is its application to specific cases. This constitutes the body of knowledge that is derived from application of the law to real situations. Each application is a ‘precedent’ that contributes to the meaning of a particular provision of the law, thereby constructing the law.

Also known as Concluding Observations, Concluding Comments are recommendations issued by the Committee following the review of reports by States Parties. The CEDAW Committee comments on the progress made by the State Party in implementing its obligations under the treaty and make recommendations for improvement. These are application of CEDAW to the context of different countries, equivalent of “legal precedent.” They also reflect the assessment of state performance by the Committee.

Click here for a list of Concluding Comments on the CEDAW SEAP countries

Optional Protocol

The Optional Protocol to CEDAW provides women whose rights are violated a way to seek an international remedy. The Optional Protocol, which came into force in December 2000, offers two mechanisms to hold governments accountable for their obligations under CEDAW: (1) a communications procedure, which provides individuals and groups the right to lodge complaints with the CEDAW Committee; and (2) an inquiry procedure, which enables the CEDAW Committee to conduct inquiries into serious and systematic abuses of women’s rights. These mechanisms are only applicable in countries that are states parties to the Optional Protocol.

Click here for the full text of the CEDAW Optional Protocol

(Source: CEDAW- Restoring Rights to Women 2004, UNIFEM South Asia Regional Office and PLD
                Human Rights Watch website)

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