Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions 2.2. THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN CEDAW was adopted by the United Nations General Assembly in 1979. Almost every country in the world is party to CEDAW. The current exceptions are Iran, Palau, Somalia, South Sudan, Sudan, Tonga and the United States of America.38 The Convention is, in the words of the CEDAW Committee, “part of a comprehensive international human rights legal framework directed at ensuring the enjoyment by all of all human rights and at eliminating all forms of discrimination against women on the basis of sex and gender”.39 CEDAW emerged out of a realization that additional means for protecting the human rights of women were necessary because the mere fact of their “humanity” had not been sufficient to guarantee women the protection of their rights. The preamble to CEDAW is very clear on this point. It explains that, despite the existence of other instruments, women still do not have equal rights with men and that discrimination against women continues to exist in every society. The definition of discrimination set out in CEDAW was critical in establishing clarity and agreement around women’s human rights. By focusing on effect as well as purpose, the definition also affirms a clear prohibition against gender-based discrimination. As the CEDAW Committee has noted: ... 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.40 41 DISCRIMINATION AGAINST WOMEN IS Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.41 CEDAW consists of an introductory statement (or “preamble”) and 30 articles. Read together, articles one to five and article 24 establish the general framework for interpreting the substantive articles in the Convention. These articles also outline the key principles that underlie CEDAW and help guide the implementation of the substantive articles (although this is not a clear distinction). In addition to defining what constitutes discrimination against women, CEDAW establishes an agenda for national action to promote basic human rights, overcome barriers of discrimination against women and girls and achieve progress towards gender equality. It does not specify in detail how these goals are to be achieved. Rather, it recognizes that individual countries are best placed to determine how they will reform their laws and policies in order to end discrimination against women and promote genuine equality. By ratifying or acceding to CEDAW, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including to: • Incorporate the principle of equality of men and women in their legal system 14 38 As at June 2013. For current status information, see the United Nations Treaty Collection; available at https://treaties.un.org/ Pages/Home.aspx?clang=_en. 39 General Recommendation No. 28 on the core obligations of States parties under article 2 of the Convention, 2010, para. 3. 40 Ibid; para. 5. 41 CEDAW; article 1.