last updated 16 May 2007
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 the reporting/ monitoring process, the receipt of direct communications (complaints) and inquiries.
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 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 against Women (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 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. |