Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification Contents of CEDAW (1979) CEDAW consists of (30) articles divided into (6) sections, defining what constitutes discrimination against women and clarifying the obligations of States Parties thereof. The States Parties are expected to work to accomplish the following: develop and advance women; adopt special temporary measures to upgrade women’s status; abrogate customary traditions that are harmful to women; combat trafficking in women and exploitation of women; ensure women’s political rights by eliminating discrimination against them in respect to political and public participation, government’s representation, acquisition, change or retention of nationality; guarantee women’s economic, social and cultural rights and equal job opportunities; ensure health care, especially in regards to pregnancy and breastfeeding; and guarantee equal economic and educational opportunities as well as equal social participation. CEDAW clearly defines discrimination against women. Besides incorporating “any distinction, exclusion or restriction” carried out on the basis of sex which impairs or nullifies women’s ability to exercise their rights, it is also carefully written to include that this applies “irrespective of their marital status.” It is clear that the definition of discrimination in the Convention covers several different areas of concern. Interestingly, it also points out that adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women are absolutely not to be considered discrimination. However, the Convention also states that these special measures are not to be used as a type of lead-in to full exercise of women’s rights and so temporarily continue to maintain “unequal or separate standards”; in fact, the special measures are required to be rescinded when the full exercise of women’s rights is widespread and complete. The States Parties should take the appropriate measures without further delay to eliminate discrimination against women, and particularly commit themselves to mainstreaming the principle of equality between men and women into their national laws and legislation. This principle then needs to be put into practice and all discriminatory laws abrogated. This includes national penal provisions, desisting from taking any discriminatory action against women and all appropriate legislative and other measures to prohibit discrimination against women by any person, organization or enterprise. They should also ensure effective legal protection for women’s 13

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