Tuesday 14 October 12pm - 2pm University of Limerick Brenda Campbell BL

1. Tuesday 14 October 12pm - 2pm University of Limerick Brenda Campbell BL

2. Proposed Approach • Session 1 • The Administration of the CEDAW Convention • Session 2 • The Application of the CEDAW Convention CEDAW: Radical Tool or Paper Tiger

3. The Administration of the CEDAW Convention CEDAW: Radical Tool or Paper Tiger

4. Within the UN Structure CEDAW: Radical Tool or Paper Tiger

5. The Evolution of the CEDAW Convention • 1975-1985: The Declaration of the Decade for Women • 1979: The adoption of the Convention on the Elimination of All Forms of Discrimination Against Women • 1993: Second World Conference on Human Rights, Vienna CEDAW: Radical Tool or Paper Tiger

6. The Evolution of the CEDAW Convention • 1995: The Beijing Declaration and Platform for Action • 1999: The CEDAW Optional Protocol • 2000: Beijing + 5 • 2005: Beijing + 10 CEDAW: Radical Tool or Paper Tiger

7. The Evolution of the CEDAW Convention • Women’s Rights as Human Rights • Identification of the problems faced by women and obstacles that impede the advancement of WHR • Identification of programmatic steps (gender sensitisation & gender mainstreaming) necessary for the advancement of women CEDAW: Radical Tool or Paper Tiger

8. Statistics • More than 2/3 of the world’s illiterate adults are women • Annually, 600,000 women die from causes related to pregnancy and childbirth - one every minute. • In Mali, Niger & Bangladesh, 3/4 of girls will be married before their 18th birthday. CEDAW: Radical Tool or Paper Tiger

9. Statistics • In Africa, girls aged 15-19 are six times more likely to be HIV positive than boys of the same age • In the 1990’s, a province in Pakistan reported a 2% literacy rate for girls and a 94% drop out rate for girl children in primary schools. • There is no country where women earn more than men CEDAW: Radical Tool or Paper Tiger

10. Statistics • In Northern Ireland there are no female judges in the Higher Courts (High Court or Court of Appeal) nor have there ever been • In Ireland, the percentage of women representatives in the Dáil has risen by only 1% in the last decade from 12% to 13%. At this rate it will take another 370 years for the percentage of women to reach 50%. CEDAW: Radical Tool or Paper Tiger

11. Statistics • In 1999, the Gardai responded to 10,110 incidents of domestic violence. In 92% of these cases, the victim was female. • In Ireland 42% of women experience some form of sexual abuse in their lifetime. • Only 3% of managing directors in Ireland are women. CEDAW: Radical Tool or Paper Tiger

12. The Evolution of the CEDAW Convention • Two strand approach: • insight and identification of the realities of discrimination and inequality faced by women globally (BPfA) • development of an instrument through which discrimination against women can be identified and addressed and women’s human rights can be realised (the CEDAW Convention) CEDAW: Radical Tool or Paper Tiger

13. The Evolution of the CEDAW Convention • Adopted in 1979 by UN General Assembly • Often described as the International Bill of Rights for Women • “Defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination” http://www.un.org/womenwatch/daw/cedaw/ CEDAW: Radical Tool or Paper Tiger

14. States Parties • States which are members of the United Nations can voluntarily sign up to the CEDAW Convention • As of 30 Sep 2003, 174 countries (90% of UN member States) are party to the Convention. • The UN can encourage but cannot insist that States sign the Convention. • States can ratify with Reservations CEDAW: Radical Tool or Paper Tiger

15. States Parties • States undertake to eliminate discrimination against women in all its forms including by: • Incorporating the principal of equality of women and men into the legal system, abolishing discriminatory laws and adopting appropriate laws prohibiting discrimination against women • Eliminating all acts of discrimination against women by any person, organisation or enterprise. CEDAW: Radical Tool or Paper Tiger

16. States Parties • In signing the Convention, States parties agree to be bound by its terms and are obliged to put its provisions into practice. • Progress in this area is monitored by the submission to the CEDAW Committee of national reports, at least every 4 years, on measures they have taken to comply with their treaty obligations. CEDAW: Radical Tool or Paper Tiger

17. The CEDAW Committee • Composed of 23 experts on women’s issues from around the world “of high moral standing and competence in the field covered by the Convention” • Bring expertise on the range of issues and rights enshrined in the CEDAW Convention and ensure an even representation of the global geographic, legal and political disparities. CEDAW: Radical Tool or Paper Tiger

18. The CEDAW Committee CEDAW: Radical Tool or Paper Tiger

19. The CEDAW Committee • Mandate: • To oversee the progress for women made in countries which are party to the CEDAW Convention • To monitor the execution of national measures to implement the provisions of the CEDAW Convention CEDAW: Radical Tool or Paper Tiger

20. The Reporting Process • The CEDAW Convention in Article 18, obliges States parties to present a report to the CEDAW Committee: • one year after ratification of the Convention • thereafter, at least every 4 years • detailing the measures they have taken to implement their obligations under the Convention. CEDAW: Radical Tool or Paper Tiger

21. The Reporting Process • The CEDAW Committee meets twice annually (January and June) in New York. • States parties due to report: • compile and send their report to the CEDAW Committee in advance; and • send a government delegation to present the report and engage in dialogue with the CEDAW Committee during the meeting. CEDAW: Radical Tool or Paper Tiger

22. The Reporting Process • During the presentation of the State party report, the CEDAW Committee questions and engages in discussions with the Government representatives: • to gain better insight into anti discrimination policies within the country • to identify issues particularly affecting women within the country • to highlight areas requiring further attention by the State CEDAW: Radical Tool or Paper Tiger

23. The Irish Government Report • 3rd Report due in 1995, submitted in 1997 and considered by Committee in 1999. • Info can be found at http://www.unhchr.ch/tbs/doc.nsf • Just submitted their combined 4th & 5th report to the CEDAW Committee • Should be considered 2004 CEDAW: Radical Tool or Paper Tiger

24. Refugee & Migrant Women • What the Government report says: • “Migration to Ireland is a growing phenomenon. There are distinct groups of migrants: • Non-European Econ. Area (EEA) nationals… • EEA Nationals CEDAW: Radical Tool or Paper Tiger

25. Refugee & Migrant Women • Persons allowed to remain as spouses of Irish National or as parents of Irish-born children. Effectively these people have most of the rights to state services as Irish nationals. • Refugees... enjoy similar rights to category 3. • Asylum seekers. These persons qualify for state supports except that they get Supplementary Welfare Allowance rather than Unemployment Assistance because they are not allowed to work”. CEDAW: Radical Tool or Paper Tiger

26. Refugee & Migrant Women Cont’d • What the Government Report doesn’t say… • No mention of efforts made by the Minister for Justice, Equality and Law Reform, on behalf of the Government, to challenge the law and the legal status of the parents of Irish born children. CEDAW: Radical Tool or Paper Tiger

27. Violence Against Women • What the Govt Report says… • “Refuges… provide a safe place offering help & support for women & children who have been victims of domestic violence. The philosophy underlying… refuges is the provision of a mutually supportive & caring environment that empowers women to make informed independent choices… Any woman suffering violence has the right to enter a refuge & be treated as a person with dignity, her rights respected & her stated needs met”. CEDAW: Radical Tool or Paper Tiger

28. Violence Against Women • What the Government Report doesn’t say: • In 1999 the three refuges in the Eastern Regional Health Board area accommodated 2,060 women and their children. 1,104 were refused refuge in this area in the same year. CEDAW: Radical Tool or Paper Tiger

29. The Role of NGOs • Non Government Organisations: • Have insight into practical reality of the situation faced by women in the States party • Can highlight pertinent issues faced by women in the State and overlooked by the government • Can ensure the voices of marginalised women are heard. CEDAW: Radical Tool or Paper Tiger

30. The Reporting Process • NGO’s can enhance the reporting process by: • Providing data on the status of women in areas covered by the Convention • Providing information on the real status of women • Critiquing the impact and progress made by Government programmes • Identifying gaps in policies and their realisation CEDAW: Radical Tool or Paper Tiger

31. The Role of NGOs • During reporting process, the Committee: • Receives shadow/alternative reports from NGOs, critiquing Govt Reports and offering alternative/more exhaustive information • www.whrp-ireland.org • Engages in discussions with NGO representatives, identifies areas of national concern and raises these concerns with Govt representatives • www.iwraw-ap.org/aboutus/local_global.htm CEDAW: Radical Tool or Paper Tiger

32. Concluding Comments • After consideration of the Govt report & NGO shadow report the CEDAW Committee issues Concluding Comments to the Govt and makes suggestions for the greater implementation of the Convention. CEDAW: Radical Tool or Paper Tiger

33. Ireland’s Concluding Comments • “The Committee notes… the influence of the church is strongly felt, not only in attitudes and stereotypes but also in official State policy. In particular, women’s rights to health, including reproductive health is compromised… The Committee recommends implementation of [Article 12] in full” CEDAW: Radical Tool or Paper Tiger

34. Ireland’s Concluding Comments • “…expresses concern about the continuing existence in Article 41.2 of the Irish Constitution of concepts that reflect a stereotypical view of women in the home and as mothers… also notes with concern that the constitutional guarantee of non-discrimination does not extend to private non-state actors… [E]mphasises that Article 5 of the Convention stipulates that all appropriate measures to modify the social and cultural patterns of conduct of men and women be taken with a view to the elimination of prejudices and customary and all other practices that are based on stereotyped roles for men and women” CEDAW: Radical Tool or Paper Tiger

35. Ireland’s Concluding Comments • “…requests the wide dissemination in Ireland of the present CCs in order to make the people of Ireland and in particular government administrators and politicians aware of the steps that have been taken to ensure de jure and de facto equality for women…” CEDAW: Radical Tool or Paper Tiger

36. Follow up • Concluding Comments constitute significant ammunition for those seeking to ensure equality for women. • Can be used: • in legal argument • in political debate • by NGOs and CBO’s to ensure access to local & national services, equality in home/work etc • by media to remind Govt and population of State obligations etc CEDAW: Radical Tool or Paper Tiger

37. The Optional Protocol CEDAW: Radical Tool or Paper Tiger

38. The Optional Protocol CEDAW: Radical Tool or Paper Tiger

39. Optional Protocol • Points to note: • must be Party to CEDAW & OP • can be brought by or on behalf of individual/group of individuals • must have consent or lack of consent justified • discrimination must be based on sex or gender • must be in writing • must not be anonymous • domestic remedies must be exhausted CEDAW: Radical Tool or Paper Tiger