The CEDAW Optional Protocol
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IDA-EDF Online Workshop
10 May 2021
What is the Optional
Protocol (OP)?
2
▪
A treaty separate from the UN Convention
on the Elimination of All Forms of
Discrimination Against Women (CEDAW )
▪
The OP entered into force in
Dec 2000
.
▪
Open to ratification by States already party
to CEDAW- requires separate ratification-
114 State parties
to date.
▪
Tool for enhancing implementation of
CEDAW and ensuring access to justice to
women’s rights
▪
Purely procedural in nature; does not create
new rights
3
▪
Establishes two procedures:
□
communications procedure:
permits
individuals to bring complaints before
Committee to seek redress for
violations when they have been unable
to get remedies at the national level;
□
inquiry procedure:
permits Committee
to initiate an investigation into grave or
systematic or grave & systematic
violations
4
CHOICE OF FORUM
Communication
(OP Ratified?)
Inquiry
(OP Ratified? Agreed to Inquiry?)
Periodic Report
Others?
Domestic Remedies
Substantive
Procedural
Threshold
Grave
?
Systematic?
Standing – Victim?
Claim?
Remedy?
Reliable information?
Respondents?
Community Support?
Victims/ Witnesses/
Experts?
G & S?
Remedy?
State Report
Shadow Report
Follow up Report
Pre-Session
Shadow Report
Scope of Application
6
▪
Applies to all rights in CEDAW, as well as
other rights under international human
rights law relating to women.
▪
Procedures must be directed against a
State. Only the State is responsible under
international law for breaches of
obligations under CEDAW, but it may be
held accountable for failure to prevent &
respond to violations by non-state actors.
▪
Procedures apply only to violations that
occurred after OP became legally
effective (“entered into force”) for the
State concerned, unless violations that
occurred earlier are continuing or the
harm arising from the violation is
continuing.
▪
State Parties are permitted to “opt-out”
of the inquiry procedure.
▪
No opt-out of communications
procedure
▪
No reservations permitted
8
Key Case: Rights of
Women with
Disabilities
9
▪
First case concerning domestic violence submitted
and reviewed by the Committee
▪
A.T. suffered severe domestic violence from her
husband, did not receive adequate legal protection
and could not go to a shelter as none were equipped
to meet the needs of her child with disabilities.
▪
The Committee recommended that Hungary:
□
Take immediate and effective measures to guarantee
the physical and mental integrity of A. T. and her family
□
Provide systemic remedies including, introducing
a
specific law prohibiting domestic violence against
women, which would provide for protection and
exclusion orders as well as support services, including
shelters
.
10
A.T. v Hungary, 2005
▪
R.P.B is a deaf and mute woman who was 17 years old
when she was raped by her neighbour. The trial court in
the Philippines acquitted the accused based on gender
stereotypes and myths, did not consider her
vulnerability as a deaf girl or provide reasonable
accommodation on this basis, such as sign language
interpreting; and took 5 years to reach a decision.
▪
The Committee recommended that Philippines:
□
R.P.B be provided with reparation, counselling and barrier-
free education with interpreting
□
review its rape law to place lack of consent at its centre by
removing any requirement that sexual assault be
committed by force or violence and any requirement of
proof of penetration and ensure the free and adequate
assistance of interpreters at all stages of legal proceedings,
whenever needed
11
R.P.B v Philippines, 2014
▪
Natalia Ciobanu resigned from her job to care for her
child with disabilities as the only alternative available
to her was institutionalisation. The period she spent
in child care was eventually excluded in the
calculation of her social security pension.
▪
The Committee recommended that Moldova:
□
Recalculate author’s social insurance pension; award
compensation for denial of right to social insurance;
provide moral damages; reimburse author for legal
costs
□
Remedy situation of women who suffered similar
violations & ensure availability of adequate support
services to allow mothers of severely disabled children
to remain in employment
12
Ciobanu v Moldova, 2019
The CEDAW Optional Protocol is a separate treaty from the UN Convention on the Elimination of Discrimination Against Women (CEDAW). It enhances CEDAW by allowing individuals to bring complaints to the Committee for violations when national remedies fail. The Protocol establishes procedures for communications and inquiries to address grave and systematic violations of women's rights. It applies to all rights under CEDAW and other international human rights laws related to women, holding states accountable for violations.
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Presentation Transcript
THE CEDAW OPTIONAL PROTOCOL IDA-EDF Online Workshop 10 May 2021
What is the Optional Protocol (OP)? 2
A treaty separate from the UN Convention on the Elimination Discrimination Against Women (CEDAW ) The OP entered into force in Dec 2000. Open to ratification by States already party to CEDAW- requires separate ratification- 114 State parties to date. Tool for enhancing CEDAW and ensuring access to justice to women s rights Purely procedural in nature; does not create new rights of All Forms of implementation of 3
Establishes two procedures: communications procedure: permits individuals to bring complaints before Committee to violations when they have been unable to get remedies at the national level; inquiry procedure: permits Committee to initiate an investigation into grave or systematic or violations seek redress for grave & systematic 4
CHOICE OF FORUM Communication (OP Ratified?) Inquiry Periodic Report Others? (OP Ratified? Agreed to Inquiry?) Domestic Remedies Threshold Pre-Session Grave ? Substantive Procedural Systematic? G & S? State Report Reliable information? Standing Victim? Shadow Report Community Support? Respondents? Follow up Report Victims/ Witnesses/ Experts? Claim? Shadow Report Remedy? Remedy?
Applies to all rights in CEDAW, as well as other rights under international human rights law relating to women. Procedures must be directed against a State. Only the State is responsible under international law obligations under CEDAW, but it may be held accountable for failure to prevent & respond to violations by non-state actors. for breaches of
Procedures apply only to violations that occurred after OP effective ( entered into force ) for the State concerned, unless violations that occurred earlier are continuing or the harm arising from continuing. State Parties are permitted to opt-out of the inquiry procedure. No opt-out of procedure No reservations permitted became legally the violation is communications 8
Key Case: Rights of Women with Disabilities 9
A.T. v Hungary, 2005 First case concerning domestic violence submitted and reviewed by the Committee A.T. suffered severe domestic violence from her husband, did not receive adequate legal protection and could not go to a shelter as none were equipped to meet the needs of her child with disabilities. The Committee recommended that Hungary: Take immediate and effective measures to guarantee the physical and mental integrity of A. T. and her family Provide systemic remedies including, introducing a specific law prohibiting domestic violence against women, which would provide for protection and exclusion orders as well as support services, including shelters. 10
R.P.B v Philippines, 2014 R.P.B is a deaf and mute woman who was 17 years old when she was raped by her neighbour. The trial court in the Philippines acquitted the accused based on gender stereotypes and myths, did not consider her vulnerability as a deaf girl or provide reasonable accommodation on this basis, such as sign language interpreting; and took 5 years to reach a decision. The Committee recommended that Philippines: R.P.B be provided with reparation, counselling and barrier- free education with interpreting review its rape law to place lack of consent at its centre by removing any requirement that sexual assault be committed by force or violence and any requirement of proof of penetration and ensure the free and adequate assistance of interpreters at all stages of legal proceedings, whenever needed 11
Ciobanu v Moldova, 2019 Natalia Ciobanu resigned from her job to care for her child with disabilities as the only alternative available to her was institutionalisation. The period she spent in child care was eventually excluded in the calculation of her social security pension. The Committee recommended that Moldova: Recalculate author s social insurance pension; award compensation for denial of right to social insurance; provide moral damages; reimburse author for legal costs Remedy situation of women who suffered similar violations & ensure availability of adequate support services to allow mothers of severely disabled children to remain in employment 12
