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.
