"
women's rights are human rights and human rights are women's right"
by Hillary Clinton
So this quote describes the rights of women which is human right or or which is
a very basic rights for the existence for a human being to spend the life.
The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
is an international treaty or a women human rights convention which was signed
on 18 December 1979 by United Nation General Assembly. And it come into force 3
September 1981 after ratification by 20 countries.it is also called "bills of
rights" for women. India signed it in 1980 and ratified it in 1993 with certain
reservations.
This convention talks about gender equality in every aspects of
life on global level and also it serves as an international treaty addressing
the rights and equality of women. It outlines the principles to eliminate
discrimination and promote women's rights in various areas such as education,
employment, and political participation etc. CEDAW has very influential impacts
globally to promote gender equality and encouraging the country to enact the
measures that protect and promote the rights of women.
Historical Backgrounds Of This Treaty
After establishment of United Nation Human Rights commission in 1948, which
talks about the fundamental human rights principles for all individuals
regardless of gender .while it didn't specially address gender based
discrimination. The awareness grew about the need to address women's rights
specifically. So, there are many conferences held with in the decades 1950-1960.
The 1952 women's International Democratic Federation adopted a resolution
calling for the elimination of discrimination against women. Subsequently
international women's conferences ,such as those in Copenhagen (1960),and Mexico
city (1975). Further emphasized the need for specific measures to address
women's issues .the issues held during this period contributed to development of
CEDAW.
The 1979, CEDAW convention was the culmination of more than thirty year of work
by United Nation Commission on the Status of Women. This Commission on Status of
Women was originally established in 1946 as a sub-commission of commission on
human rights to monitor the situation of women and to promote women's rights.
After a long time of working of this commission for women, in 1967 a Declaration
was adopted by United Nation General assembly for women which was Declaration on
The Elimination against Women (DEDAW).
What is CEDAW or a analysis about CEDAW
CEDAW stands for the Convention on the Elimination of All Forms of
Discrimination Against Women. It is an International treaty adopted by the
United Nations General Assembly in 1979.
CEDAW is a comprehensive document aimed at promoting and protecting women's
rights globally.
The convention addresses various areas of discrimination against women,
including legal, political, economic, social and cultural spheres. It calls for
the equal treatment of women in all aspects of life and emphasizes the need to
eliminate stereotypes and practices that perpetuate gender-based discrimination.
One key aspect of CEDAW is its emphasis on incorporating gender equality into
national legal frameworks. Countries that ratify CEDAW commit to taking measures
to eliminate discrimination against women and to ensure equal opportunities in
areas such as education, employment, and participation in public life.
While CEDAW has been instrumental in advancing women's rights worldwide,
challenges persist in its implementation .Some nations face difficulties in
translating the principles of the convention into concrete policies and
practices. Additionally, not all countries have ratified CEDAW, limiting its
universal impact.
CEDAW requires the member states not only have an absence of discrimination
legal framework, but that their laws and policies should not be discriminating
in effect.
It underscores the difference between formal equality and substantive equality
between men and women.
Its also provides critical normative standards that are intrinsically linked to
the agenda 2030 for sustainable development such as those related to food,
health, education, housing, legal capacity, non-discrimination, political
participation and equal family relations. SDG five talks about gender equality
in the world by the year 2030.
The impact of CEDAW in India
CEDAW has a very great role in India. it has influenced Indian society by
promoting gender equality and women's rights . It has contributed to many legal
reforms, increased awareness. and advocacy for women's empowerment. However,
challenges persist, and implementation varies, reflecting the complex
socio-cultural landscape of India.
The CEDAW plays a very significant role in Indian judiciary. It provides a
comprehensive framework for the elimination of discrimination against women.
India has committed to adhere to its principles because India has ratified CEDAW
in 1993.
Indian courts often refer to international conventions, including CEDAW, while
interpreting constitutional provisions and statutes related to women's rights.
The judiciary may use CEDAW principles as an aid to interpretation to ensure
gender justice. Judges in India may draw upon CEDAW principles and
recommendations when deciding cases related to women's rights. The principles of
equality and non-discrimination outlined in CEDAW align with the constitutional
guarantee of equality in India.
Lawyers and activists may use CEDAW to highlight international standards and
encourage the judiciary to adopt a progressive and gender-sensitive approach.
India, as a party to CEDAW, is required to submit periodic reports to the CEDAW
Committee detailing the steps taken to implement the convention. This reporting
process can influence domestic policies and legal reforms.
It has facilitated discussions on issues such as violence against women,
discrimination, and the need for legal and social reforms.
There are many laws made in India by the reference of this convention to which
India is also a member country. The laws are as under:
- Protection of Women from Domestic Violence Act, 2005:
- This law was enacted to address the issue of domestic violence and protect women from abuse within the home. It recognizes the right of women to live a life free from violence and is in line with CEDAW's provisions against gender-based violence.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
- This law aims to prevent and address sexual harassment at the workplace. It mandates the establishment of Internal Complaints Committees and aligns with CEDAW's principles of ensuring a safe and non-discriminatory environment for women in the workplace.
- Maternity Benefit (Amendment) Act, 2017:
- This amendment increased the duration of paid maternity leave for working women in India. It reflects efforts to support women's reproductive rights and work-life balance, which are in harmony with CEDAW's principles.
- Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994:
- The Act prohibits sex-selective abortions and the misuse of technologies for determining the sex of the fetus. It aims to prevent the practice of female feticide and aligns with CEDAW's goal of eliminating discrimination against women.
- Protection of Children from Sexual Offences (POCSO) Act, 2012:
- While primarily focused on protecting children from sexual offenses, the act recognizes the vulnerability of girls to sexual abuse. It emphasizes the need for a gender-sensitive approach and aligns with CEDAW's principles of protecting women and girls from violence.
- National Rural Employment Guarantee Act, 2005 (NREGA):
- While not directly influenced by CEDAW, NREGA has gender-sensitive provisions, recognizing the importance of women's participation in rural employment. CEDAW's principles of equality and non-discrimination are reflected in the efforts to ensure equal opportunities for women in employment.
In conclusion, the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) has played a significant role in shaping laws and policies
related to women's rights in India. The country's ratification of CEDAW has led
to legislative changes and amendments aimed at promoting gender equality and
eliminating discrimination against women. Key laws, such as the Protection of
Women from Domestic Violence Act, Sexual Harassment of Women at Workplace Act,
and others, reflect India's commitment to aligning its legal framework with
international standards.
While these legislative measures mark important steps forward, challenges remain
in ensuring the effective implementation and enforcement of these laws. Social
and cultural factors, along with gaps in awareness and enforcement, pose
obstacles to the full realization of women's rights. The judiciary's role in
interpreting and applying these laws is crucial, and continued efforts are
needed to address systemic issues and promote a more inclusive and
gender-sensitive legal system.
CEDAW's influence extends beyond specific laws to contribute to a broader
awareness of women's rights and gender equality in India. It has sparked
discussions, advocacy, and societal shifts toward recognizing and addressing
issues such as violence against women, workplace discrimination, and
reproductive rights.
In moving forward, ongoing collaboration between governmental bodies,
non-governmental organizations, and the judiciary is essential to bridge gaps,
address challenges, and work toward a society where women enjoy equal rights and
opportunities. CEDAW remains a vital framework guiding India's efforts to create
a more just and gender-equitable society, but sustained commitment and action
are necessary to translate these principles into meaningful and lasting change.
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