Articles 2 and 16 are considered by the Committee to be core provisions of the Convention. The Committee, in General Recommendation No. The CEDAW Committee considers article 16 as one of the core articles of this treaty. 1. The following is a summary of the 30 articles: Article 1: Defines discrimination . The Committee concluded that Bulgaria had violated Articles 2(b)-2(f), 5(a), 16(1)(c), 16(1)(d) and 16(1)(f) of CEDAW, read in conjunction with Articles 1 and 3, when it failed to investigate allegations that A.P. 28, specifically stated that reservations to Article 2, concerning general non-discrimination, are impermissible. Discrimination against women includes any distinction, exclusion or restriction made on the basis of sex that has the effect or purpose of impairing or nullifying women’s enjoyment of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women. The Convention, thereby, draws attention to the fact that often women's legal status has been linked to marriage, making them dependent on their husband's nationality rather than individuals in their own right. Life @ The Intersection of Socio-Politics & Parenting. Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex. Other countries have entered reservations on various articles. CEDAW in Article 16 whereby women have “the same right to freely choose a spouse and to enter into marriage only with their free and full consent” (CEDAW Art. States Parties shall grant women equal rights with men with respect to the nationality of their children. 16. They also form the interpretative framework for CEDAW’s substantive provisions in arts 6–16 of CEDAW, which outline states parties’ obligations with respect to some of the 1. Articles 1–5 and 24 of CEDAW enumerate the general obligations of states parties to eliminate all forms of discrimination against women and achieve substantive equality. As defined in article 1, discrimination is understood as "any distinction, exclusion or restriction made o.1 the basis of sex...in the political, economic, social, cultural, civil or any other field". 2. Articles 10, 11 and 13, respectively, affirm women's rights to non-discrimination in education, employment and economic and social activities. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 2. Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. The Optional Protocol to CEDAW enables the CEDAW Committee to consider complaints by individual "The Convention also affirms women's right to reproductive choice. The CEDAW Committee has identified these rights as central to the object and purpose of the Convention. http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Recommendations.aspx. CEDAW/C/MMR/4-5 15-03076 3/38 Chapter 1 Introduction 1. Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole. 1. The members of the Committee shall be elected for a term of four years. States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. In justification, the government cited “conflict with Sharia law based on Holy Quran and Sunna.” These demands are given special emphasis with regard to the situation of rural women, whose particular struggles and vital economic contributions, as noted in article 14, warrant more attention in policy planning. a Resolution 217 A (III), article 16 (3). 'Other concerns' encompasses states that make a variety of different types of reservations to CEDAW, such as those relating to social security payments or royal titles. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities. CEDAW has been ratified by 186 states, with many reservations. It entered into force as an international treaty on 3 September 1981 after the twentieth country had ratified it. It also lists specific areas where discrimination against girls and women must end, like laws, marriage, education, health care, and employment. Many of the reservations address key elements of the CEDAW Convention, including the nature of steps to be taken to eliminate discrimination (particularly Article 2) and the primacy of existing family law codes (particularly Article 5 and Article 16). States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; and nondiscrimination cannot be achieved keeping reservations on article no. Bangladesh ratified CEDAW in 1984 but with reservations on articles 2, 13(a), 16.1(c), and 16.1(f). The reservations to Article 16 are serious. Article 15 asserts the full equality of women in civil and business matters, demanding that all instruments directed at restricting women's legal capacity ''shall be deemed null and void". The present document spells out the meaning of equality and how it can be achieved. Article 16 (1) of the CEDAW, the Convention, or the Convention on the Elimination of all Forms of Discrimination Against Women (1979) speaks to the equal rights of women in the … Articles 1-16 of CEDAW outline the different things governments must do to end discrimination against girls and women. The violation of … against women to be in compliance with Article 16 of CEDAW. The Committee, drawing on principles established in its General Recommendation 19 on violence against women, confirmed domestic violence’s place within CEDAW’s framework and found that Hungary had violated Articles 2, 5, and 16 of CEDAW in failing to meet its due diligence obligations. Special measures for maternity protection are recommended and "shall not be considered discriminatory". [19] The agenda for equality is specified in fourteen subsequent articles. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Thematic Report on Article 16 and related concerns for consideration by the CEDAW Committee in its review of the Government of United Arab Emirates (UAE), reporting before the 62nd Session of the CEDAW Committee.1 This is the CEDAW Committee’s second engagement with the Government of … Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation. Civil rights and the legal status of women are dealt with in great detail. 8. Finally, cultural patterns which define the public realm as a man's world and the domestic sphere as women's domain are strongly targeted in all of the Convention's provisions that affirm the equal responsibilities of both sexes in family life and their equal rights with regard to education and employment. These forces take shape in stereotypes, customs and norms which give rise to the multitude of legal, political and economic constraints on the advancement of women. Three CEDAW articles in particular may be cited as supporting women's human right to abortion: Article 12.1, Article 14.2(a)(b), and Article 16.1(e). The election of the five additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or accession. Articles 2 and 16 are considered by the United Nations to be the core provides of the Convention. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations. The link between discrimination and women's reproductive role is a matter of recurrent concern in the Convention. CEDAW/C/GC/29 2 4. The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women, a body established in 1946 to monitor the situation of women and to promote women's rights. Articles 2 and 16 are considered by the United Nations to be the core provides of the Convention. I'm not sure when relationships became synonymous with happiness because that’s certainly not an adjective I’d use to describe many of mine. Article 16 instructs the government to ensure that women have equal rights with men in all aspects of family life, including in marriage and their role as mothers. [16] The Committee, in General Recommendation No. 1. Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Altogether, the Convention provides a comprehensive framework for challenging the various forces that have created and sustained discrimination based upon sex. 5 Ratifications with reservations and declarations tend to dilute the universal norms of CEDAW and entrench diversity of standards. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction. Among the international human rights treaties, the Convention takes an important place in bringing the female half of humanity into the focus of human rights concerns. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. 7. Women rights activists on Saturday demanded that the government withdraw reservation on articles 2 and 16 (c) of CEDAW Charter soon to establish equal rights for women in the society.They made this demand just before the International Women's Day 2021, which will be celebrated tomorrow (Monday) across the country.Maleka Banu, (amendment, Periodic Committee Reports at a glance. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee. The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited with the Secretary-General of the United Nations. Article 1: definition of discrimination While proposals to amend the definition to bring it in line with CEDAW Article 1 were made by NGOs to the Constitution Review Commission in 2011, the Executive in a White Paper recommended that an affirmative action law should deal with all kinds of discrimination against vulnerable groups and minorities. Articles 2, 9(2),15(4), and 16 of the Convention, and urged the Government to begin the process of withdrawing these reservations within a concrete time frame. Marriage and family Women have equal rights with men within marriage including family planning, property ownership and occupation. CEDAW’s Optional Protocol An optional protocol is a treaty that adds to or complements an existing treaty1. Articles 1-16 of CEDAW outline the different things governments must do to end discrimination against girls and women. Policy Documents. 1. Article 16, concerning the equality of women in marriage and family life is subject to twenty-three reservations. 2. However, the Bangladesh Government has been continuing this reservation on these two articles. 4. Article 1, CEDAW In plain English, this means that the Convention defines discrimination against women as any distinction, exclusion or restriction on the basis of sex that has the effect or purpose of harming or reversing women’s human rights and freedoms in any aspect of their lives.. Concerned, however, that despite these various instruments extensive discrimination against women continues to exist. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties. 1. Article 16 Marriage and family relation ... CEDAW/C/SUR/4-6 16-16950 3/49 List of abbreviations ADEKUS Anton De Kom University of Suriname AHKCO Academy for Arts and Culture (Academie voor Hoger Kunst-en Cultuuronderwijs) AOV General Old Age Pension ART Standard Antiretroviral Therapy (AIDS) BEIP Basic Education Improvement Project BOS Bureau for Information and Study Choices BPfA … The Committee's mandate and the administration of the treaty are defined in the Articles 17 to 30 of the Convention. In 1994 the Committee on the Elimination of Discrimination against Women adopted general recommendation No. 9(2), 10, 11(1b), 15(3) – leaving Articles 16 and 2912 as the only reservations. They made this demand just before the International Women's Day 2021, which will be celebrated tomorrow (Monday) across the country. Oman 7 V. The Musawah Framework for Action 9 VI. It also lists specific areas where discrimination against girls and women must end, like laws, marriage, education, health care, and employment. 4. The initial election shall be held six months after the date of the entry into force of the present Convention. Refworld | General recommendation on article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (Economic consequences of … 6.Article 16 of the Convention provides for the elimination of discrimination against women at the inception of marriage, during marriage and at its dissolution by divorce or death. In fact, it is the most heavily reserved treaty in the UN human rights system. The Committee also makes general recommendations to the States parties on matters concerning the elimination of discrimination against women. Article 16 covers equal rights and responsibilities in marital and familial relationships. 2. United Nations CEDAW/C/KOR/8 Convention on the Elimination of All Forms of Discrimination against Women Distr. The Committee is composed of 23 experts nominated by their Governments and elected by the States parties as individuals "of high moral standing and competence in the field covered by the Convention". Article 2 which refers to the complete elimination of discrimination through all possible constitutional, legislative and legal provisions; and Article 16-1 (c) which refers to the equal rights in marriage and at its dissolution. 1. The specialized agencies shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their activities. And Article 1O.c. basic structure & process. The Committee has continued to press on the question of withdrawing the remaining reservations, however mostly unsuccessfully. Women rights activists on Saturday demanded that the government withdraw reservation on articles 2 and 16 (c) of CEDAW Charter soon to establish equal rights for women in the society. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties. Equal rights for Custody and Guardianship of Children. Article 16: marriage and family life .....30 Conclusion .....33 BIBLIOGRAPHY .....33. 2. The present Convention shall be open to accession by all States. Each State Party may nominate one person from among its own nationals. 3. The other States Parties shall not be bound by that paragraph with respect to any State Party which has made such a reservation. Signatory States will ensure that (i) Man and woman is having equal rights before their marriage. They compromise a core principle of the CEDAW Convention that rights are interrelated and that there can be no divide between rights in the private and public spheres. Research conducted in some countries has found … Article 16, and Article 25(2). At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. Article 16 of the Convention provides for the elimination of discrimination against women at the inception of marriage, during marriage and at its dissolution by divorce or death. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. status of ratification). Article 8 States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations. The legal status of women receives the broadest attention. had committed domestic violence against Jallow and her daughter. Aside from civil rights issues, the Convention also devotes major attention to a most vital concern of women, namely their reproductive rights. Publisher's Version Abstract. Spanish. Russian | Article 16 is the most debated legal position in the Muslim How to write every day without boring yourself (and your audience). 2. (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. The Committee, drawing on principles established in its General Recommendation 19 on violence against women, confirmed domestic violence’s place within CEDAW’s framework and found that Hungary had violated Articles 2, 5, and 16 of CEDAW in failing to meet its due diligence obligations. 53 Additional CEDAW articles can be regarded as supporting a strong application of Article 5(a). Finally, in article 16, the Convention returns to the issue of marriage and family relations, asserting the equal rights and obligations of women and men with regard to choice of spouse, parenthood, personal rights and command over property. Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women. 3. (b) In any other international convention, treaty or agreement in force for that State. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. The Secretary-General of the United Nations is designated as the depositary of the present Convention. Article 13 of the CEDAW Why do women deserve and reserve the right to the elimination of discrimination in economic and social life? It is a . 2. T Therefore, the Committee of the CEDAW emphasizes the recommendations made by the objecting parties and it encourages state parties to note, adopt and implement them. CEDAW/C/NOR/7 (Mar. The third general thrust of the Convention aims at enlarging our understanding of the concept of human rights, as it gives formal recognition to the influence of culture and tradition on restricting women's enjoyment of their fundamental rights. States parties are therefore obliged to work towards the modification of social and cultural patterns of individual conduct in order to eliminate "prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women" (article 5). 1. The Convention gives positive affirmation to the principle of equality by requiring States parties to take "all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men"(article 3).
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