Part I The human rights of women and girls
• Abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women
• Establish tribunals and other public institutions to ensure the effective protection of women
against discrimination
• Eliminate all acts of discrimination against women by private persons and entities.
CEDAW places obligations on States parties to respect, protect and fulfil the rights of women to nondiscrimination and to the enjoyment of equality. In its General Recommendation No. 28, the CEDAW
Committee explains these requirements in greater detail.42
The obligation to respect requires that States parties refrain from making laws, policies, regulations,
programmes, administrative procedures and institutional structures that directly or indirectly result in
the denial of the equal enjoyment by women of their civil, political, economic, social and cultural rights.
The obligation to protect requires that States parties protect women from discrimination by private
actors and take steps directly aimed at eliminating customary and all other practices that perpetuate
the notion of inferiority or superiority of either of the sexes and of stereotyped roles for men and women.
The obligation to fulfil requires that States parties take a range of steps to ensure that women and
men enjoy equal rights de jure (in law) and de facto (in practice) including, where appropriate, the
adoption of temporary special measures.43
Australian Defence Force health personnel. Photo by U.S. Pacific Fleet, reproduced under a CC BY-NC 2.0 license.
42
See para. 16.
43
The CEDAW Committee clarifies the meaning and scope of temporary special measures in its General Recommendation No. 25,
2004, para. 1.
Chapter 2: The international legal framework around women’s and girls’ human rights | 15