10 CEDAW and the Magna Carta of Women CHAPTER III: CEDAW and the Magna Carta of Women T he Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was ratified by the Philippines in 1976. Under CEDAW, State parties condemn discrimination against women in all its forms. The treaty defines discrimination against women as ‘any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on the basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field (Art. 1). The Convention is 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.26 Key Principles of CEDAW CEDAW provides for three (3) key principles (a) substantive equality, (b) non-discrimination, and (c) State obligation. These principles embody the conceptual framework behind CEDAW. Without an understanding of these principles, CEDAW cannot be properly applied. Substantive Equality27 Substantive Equality is CEDAW’s standard of equality. It is interpreted by the CEDAW Committee to mean de facto equality (equality in fact or actual equality) or equality of results. The achievement of substantive equality, however, entails that women are given equal opportunities, equal access to opportunities and an enabling environment to achieve equal results. Substantive equality looks beyond legal guarantees of equal treatment, and inquiries into the impact of interventions. Non-Discrimination28 Non-discrimination is a key principle of CEDAW. This is particularly emphasized in Article 1, which defines what discrimination is. It states that discrimination against women “shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment of 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.” It emphasizes that an action or omission is discriminatory if it has the “effect or purpose” of discriminating against women. State Obligation29 The third principle emphasizes that the State has the duty to comply with the Convention. Although the responsibility to ensure equality and eliminate discrimination must be observed by state and nonstate actors, only the State is directly accountable to CEDAW. CEDAW puts in place an obligation of means and results. A State undertakes to comply with the specific means of implementation in CEDAW (obligation of 26 General Recommendation 28, paragraph 3 28 UN Women. Do our Laws Promote Gender Equality 27 UN Women. Do our Laws Promote Gender Equality 29 UN Women. Do our Laws Promote Gender Equality CHR Gender Ombud Guidelines