UN Committee on the Elimination of Discrimination Against Women

The Committee on the Elimination of Discrimination against Women (CEDAW) was established to monitor State compliance with obligations under the Convention on the Elimination of All Forms of Discrimination Against Women.  The Committee consists of a panel of 23 independent experts.  The Committee on the Elimination of Discrimination against Women carries out its mandate through two mechanisms: receipt of direct communications (complaints) and the reporting/ monitoring process.

States that have ratified the Convention on the Elimination of All Forms of Discrimination Against Women are required to submit periodic reports documenting compliance with the provisions of the treaty.  The Committee asks questions about specific articles of the Convention and then prepares concluding observations, which may include recommendations for measures to be taken to improve the situation for women in a particular country.  The goal of the process is to facilitate a dialogue between the State party and the Committee, and therefore it is not an adversarial procedure.  Committee recommendations are broadly stated and not legally binding.

Although there is no formal mechanism for individuals and nongovernmental organizations (NGOs) to participate in the monitoring process, the Committee relies on information submitted by NGOs.  NGOs may submit “shadow” or alternative country reports that elaborate on information contained in State party reports.  The Committee, however, will not review an NGO report on a country that has not submitted a State report.  NGOs can also monitor many of the Committee’s proceeding as observers. 

Additionally, the Central and East European Law Initiative (CEELI) of the American Bar Association (ABA) has recently created a tool with which to assess State compliance with the Convention on the Elimination of All Forms of Discrimination Against Women.  The CEDAW Assessment Tool is described in more detail in the Human Rights Investigation and Documentation section of this website.

Unlike the UN complaint mechanisms, NGOs are not limited in the number of UN bodies to which they can submit shadow reports.  Thus, for the purposes of advocacy, NGOs can bring international attention to issues of violence against women through the monitoring of government obligations under any treaty that protects women’s human rights. 

In 2000, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women entered into force, for the first time allowing complaints under the complaint-recourse procedure to be brought to the Committee on the Elimination of Discrimination Against Women.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination (Optional Protocol) expands the competence of the Committee on the Elimination of Discrimination Against Women, allowing it to receive complaints from both individuals and groups.  Individual state governments must [ratify] [link to country pages] the Optional Protocol for it to have effect over individuals and groups within its jurisdiction.

The Optional Protocol creates two procedures:

(1) The Communications Procedure allows women or groups (i.e. non-governmental organizations) to submit complaints of violations of rights protected under the Convention on the Elimination of All Forms of Discrimination Against Women to the Committee.  Under the Communications Procedure, the Committee evaluates the complaint based on information presented by the complainant and by the state party.  After it has reached a finding, the Committee transmits it to the state party, which is then obliged to reply about actions taken to remedy the violation within six months.

(2) The Inquiry Procedure allows the Committee itself to initiate inquiries into situations of grave or systemic violations of women’s rights in a particular jurisdiction, without having first received a complaint.  The Optional Protocol, however, also provides an “opt-out clause” that allows states to declare that they do not accept this procedure, at the time of ratification. 

The complaint and reporting mechanisms available under the Committee on the Elimination of Discrimination Against Women are summarized below.



Complaint Mechanism- Committee on the Elimination of Discrimination Against Women

Type of Mechanism

Complaint- recourse procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination

Scope of the Procedure

The rights enumerated in the Convention on the Elimination of All Forms of Discrimination Against Women

Who can Submit a Complaint?

Individuals and NGOs from States which have ratified the Optional Protocol

Role of Advocates

NGOs can submit communications on behalf of individuals or groups of individuals with their consent.  Committee meetings in which the communication is examined are closed and advocates cannot attend. 

Available Remedies

The Committee may at any time request that the State issue interim measures to protect the victim(s).  Once a determination of the merits has been reached, the Committee may issue a finding on behalf of the victim(s) that is transmitted to the State party, which has six months to submit a response indicating the action taken.  In cases of “grave and systematic violations” by a State party, the Committee may also initiate its own inquiry into the situation.

How to Submit a Complaint

Complaints may be submitted by or on behalf of individuals or groups of individuals.  NGOs submitting complaints on behalf of individuals must show proof of consent to the submission of the complaint.

The Committee has prepared a list of Complaint Guidelines which sets forth the information which must be included in the complaint.

In addition, the Protocol sets for a number of admissibility criteria, which must be met for the complaint to be considered:

The complaint must be in writing.

The communication may not be anonymous. 

The complaint must concern a State party to the Protocol.

The complaint should contain information about the exhaustion of domestic remedies.

The complaint may not have been previously examined by the Committee or the subject of any other international investigation.

The subject of the complaint must indicate a violation of the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women, must be substantiated and cannot have occurred prior to the entry into force of the Protocol for the State party, unless the violation has continued. 

Where to Send Communications

Committee on the Elimination of Discrimination against Women
c/o Division for the Advancement of Women,
Department of Economic and Social Affairs
United Nations Secretariat
2 United Nations Plaza DC-2/12th Floor
New York, NY 10017
U.S.A.

Tel: + 1-212-963-3153
Fax: + 1-212-963-3463

Email:  daw@un.org

How the Complaint Procedure Works

The Committee meets twice a year to receive complaints.  Once a case is registered, the Committee will consider admissibility and the merits simultaneously.  The State party is given six months in which to respond and present a submission to the Commission.  After this, the complainant is given a fixed period in which to comment.

If there is particular urgency, the Committee may request that the State party issue interim measures before the case is decided.

Once the Committee has reached a decision, it may issue recommendations to the State party.  The State then has 6 months in which to submit information about measures taken.

Advantages/ Disadvantages

Individuals can submit complaints, but they cannot remain anonymous.  The Committee is authorized to request interim measures, which may offer protection to victims.  NGOs can submit communications, which may be a useful advocacy tool around a particular issue.

Adapted in part from Women’s Human Rights Step by Step, Women Law & Development International and Human Rights Watch Women’s Rights Project (1997).

Additional Resources

The text of the Optional Protocol to the Convention on the Elimination of Discrimination against Women gives more information on the complaint procedure.

Further explanations of the United Nations Complaint Procedures may also be found on UN Fact Sheet 7.  Most UN Fact Sheets can be accessed on the web.

 

Reporting Mechanism- Committee on the Elimination of Discrimination Against Women

Type of Mechanism

Reporting and Monitoring

Scope of the Procedure

The rights enumerated in the Convention on the Elimination of All Forms of Discrimination Against Women

Who can Submit a Report

NGOs

Role of Advocates

NGOs can submit “shadow” or alternative reports to the Committee as a whole or to individual members.  NGOs with UN accreditation can also monitor the Committee proceedings during State reporting periods.

Available Remedies

No remedies for individual rights violations. 

How to Submit

a Report

There is no single format for shadow reports, but the report should be organized according to the articles of the Convention, as a commentary on the State party report.  A shadow report should analyze a particular problem rather than merely describe it. 

More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the [Human Rights Investigation and Documentation] [internal link] section of this website.

Where to Send Communications

Committee on the Elimination of Discrimination against Women

c/o Division for the Advancement of Women,

Department of Economic and Social Affairs

United Nations Secretariat

2 United Nations Plaza DC-2/12th Floor

New York, NY 10017

U.S.A.

Tel: + 1-212-963-3153

Fax: + 1-212-963-3463

Email: daw@un.org

How the Reporting Procedure Works

After ratifying the Convention, State parties are required to submit an initial report on compliance.  States must then submit periodic reports every four years.

The Committee meets twice a year (January and June) to review the periodic reports.  A country will not be reviewed until it has submitted a report. 

There are no deadlines for submitting shadow reports, but NGO submissions are most useful to the Committee at the time that a specific State is reporting.  NGOs should allow Committee members enough time to review the submission, ideally a few months before the session date. 

During the session, NGOs may attend, but not participate in, the formal proceedings.  NGOs have, however, been able to lobby Committee members successfully outside of the session.

Once the Committee has reviewed the reports, it issues comments and recommendations.

Advantages/ Disadvantages

NGOs have used shadow reports effectively to advocate for change.  Periodic State reporting has put pressure on national governments to amend legislation and policies to bring them into compliance with the Convention.  Individuals cannot submit information to the Committee.  There are no enforcement mechanisms applicable to States that do not submit periodic reports.

Adapted in part from Women’s Human Rights Step by Step, Women Law & Development International and Human Rights Watch Women’s Rights Project (1997).

Additional Resources

UN Fact Sheet No.22 has information about Committee on the Elimination of Discrimination Against Women and the State reporting system.  Most UN Fact Sheets can be accessed on the web.

The Committee on the Elimination of Discrimination Against Women also has a webpage with access to State party reports and the Committee’s concluding observations.

More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the [Human Rights Investigation and Documentation] [internal link] section of this website.

The International Women’s Rights Action Watch (IWRAW), a U.S.-based NGO, has created a procedural guide, Producing NGO Shadow Reports to CEDAW.

 

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