Section 1: An introduction to gender mainstreaming and the human rights of women and girls By engaging with this section, NHRIs will: • Become familiar with some of the concepts and terms used in gender mainstreaming work • Know what a gender mainstreaming approach is and how it is different from, but complements, a gender specialisation approach • Know why gender mainstreaming is an important strategy to use in their organisations. 1.1. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),3 adopted by the United Nations in 1979, is often described as an “international bill of rights for women”. It is a core international human rights treaty that focuses on achieving gender equality for women. CEDAW defines gender-based discrimination as any distinction, exclusion or restriction on the basis of sex, which intentionally or unintentionally nullifies or impairs the recognition, enjoyment and exercise of women’s social, cultural, political and economic rights.4 Discrimination against women, as set out in CEDAW, focuses on effect as well as purpose. The CEDAW Committee notes: ... identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face.5 CEDAW promotes a three-dimensional view of equality. • Substantive equality or ‘equality of results’ between genders: CEDAW goes beyond equality of opportunity and looks at the condition of women’s lives as the measure of whether equality has been achieved. • State obligation: CEDAW legally binds all States parties to fulfil, protect and respect women’s human rights. This means that States are responsible for their own actions and for eliminating discrimination that is perpetrated throughout society. • Non-discrimination: CEDAW recognises that discrimination is often most deeply rooted in areas of life such as culture, family and interpersonal relations. It addresses the negative impact of gender stereotyping and highlights the need to make change at those levels. 9