Women are entitled to enjoy the same human rights and fundamental freedoms as other individuals. International human rights treaties require State parties to take proactive steps to ensure that women’s human rights are respected by law and to eliminate discrimination, inequalities, and practices that negatively affect women’s rights. Under international human rights law, women may also be entitled to specific additional rights such as those concerning reproductive healthcare.
As a particularly vulnerable group, women have special status and protection within the United Nations and regional human rights systems. International human rights treaties prohibit discrimination on the basis of gender and also require States to ensure the protection and realization of women’s rights in all areas – from property ownership and freedom from violence, to equal access to education and participation in government.
The United Nations (UN) Convention on the Elimination of Discrimination against Women (CEDAW) is the most comprehensive treaty on the rights of women. It condemns any form of discrimination against women and reaffirms the importance of guaranteeing equal political, economic, social, cultural and civil rights to women and men. See (adopted 18 December 1979, entered into force 3 September 1981), 1249 UNTS 13. As of May 2014, to CEDAW, out of 193 UN Member States.
CEDAW provides that there should be equal political, economic, social, cultural and civil rights for women regardless of their marital status and requires States to enact national legislation banning discrimination (articles 1, 2 and 3). It permits States to take temporary special measures to accelerate the achievement of equality in practice between men and women (Article 4), and to take actions to modify social and cultural patterns that perpetuate discrimination (Article 5). States parties agree that contracts and other private instruments that restrict the legal capacity of women “shall be deemed null and void” (Article 15). The Convention also addresses the need for equal access to education (Article 10).
CEDAW requires States to take appropriate measures to eliminate discrimination in matters relating to marriage and family and underlines the equal responsibilities of men and women in the context of family life (Article 16). The Convention also emphasizes the need for childcare facilities and other social services to help women satisfy family obligations along with work responsibilities and participation in public life (Article 11).
CEDAW calls for non-discriminatory health services for women, including family planning services (Article 12). Special attention is given to the problems faced by rural women (Article 14), sexual trafficking of women, and other sexual exploitation of women (Article 6).
States have made numerous , purporting to limit the treaty’s domestic application. Most of the reservations are designed to preserve the authority of national or religious law that may contradict CEDAW, or to withdraw the State from the arbitration provision found in Article 29. Nonetheless, CEDAW remains the most widely applicable human rights treaty dedicated to women’s rights.
Some regional human rights treaties also focus specifically on women’s rights. In Africa, the Protocol to the African Charter on the Rights of Women in Africa, known as the “,” addresses issues of particular importance in Africa, such as genital mutilation. (“Maputo Protocol”) (adopted 11 July 2003, entered into force 25 November 2005), CAB/LEG/66.6 (15 September 2000); reprinted in 1 Afr. Hum. Rts. L.J. 40, art. 5. It also specifies that women have the right to dignity (Article 3), the right to equality in marriage (Article 6), and the right to decide whether to have children (Article 14). The protocol also addresses the problem of trafficking in women (Article 4).
In the Americas, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, known as the “Convention of Belém do Pará,” recognizes the rights of women to be free from violence in both the public and private spheres. (adopted 6 September, entered into force 3 May 1995), 33 I.L.M. 1534 (“,”) art. 3. The Convention also reaffirms the right of all women to enjoy and exercise the rights protected by other regional and international human rights instruments (Article 4). The State parties recognize that violence prevents a woman from “the free and full exercise of her civil, political, economic, social and cultural rights” (Article 5). The Convention also imposes duties on States to take affirmative steps to prevent, punish, and eradicate violence against women and to progressively undertake measures to address the social and cultural factors contributing to violence or discrimination against women (Article 7).
The (“Istanbul Convention”), which entered into force in August 2014, includes similar provisions. (“Istanbul Convention”) (adopted 11 May 2011, entered into force 1 August 2014), ETS 210. The Istanbul Convention recognizes that sexual harassment, rape, forced marriage, honor crimes, genital mutilation, and other forms of violence constitute serious human rights violations and “a major obstacle to the achievement of equality between women and men.” Istanbul Convention, preamble. The Convention also establishes a monitoring mechanism consisting of 10 to 15 independent experts that will monitor the implementation of the Istanbul Convention. Istanbul Convention, art. 1(2), 66.
Gender equality is a principal objective and foundational concept in the struggle to achieve women’s human rights. Gender equality means “equal rights, responsibilities and opportunities of women and men and girls and boys.” Office of the Special Advisor on Gender Issues and Advancement of Women, (2001), p. 1. Men and women must have equal opportunity to enjoy the full spectrum of human rights in all spheres of life. See, e.g., , preamble; Human Rights Committee, , UN Doc. HRI/GEN/1/Rev.9 (Vol. I), 29 March 2000.
Although many key human rights instruments contain prohibitions on gender discrimination and progress has been made toward the achievement of gender equality, critical objectives for the empowerment and equality of women have not yet been reached. See generally UN Women, (2013).
For example, in many countries women remain underrepresented in government and corporate leadership positions, earn lower wages, and are less likely than their male counterparts to obtain a primary education. See United Nations Statistics Division, .
The realization of gender equality will require governments, institutions and individuals to commit resources, develop mechanisms, and hold one another accountable for the promotion and protection of women’s rights. See United Nations, (adopted 15 September 1995 at the Fourth World Conference on Women), UN Doc. A/CONF.177/20, p. 10. To this end, 189 governments adopted the Beijing Declaration and Platform of Action, which is not legally binding but has nonetheless been integral to the identification of areas of critical concern and the development of a forward-looking agenda for achieving gender equality. It identifies twelve priority topics where action is needed to address gender inequality: poverty, education, health, violence against women, armed conflict, the economy, power and decision-making, institutional mechanisms for women’s advancement, human rights, the media, the environment, and girl children. Recognizing that “discrimination against women begins at the earliest stages of life and must therefore be addressed from then onwards,” the Declaration and Platform advance strategic objectives to improve the situation of women. Id. at p. 17, 21-22.
Gender discrimination negatively impacts women’s enjoyment of human rights around the world. See, e.g., Human Rights Watch, (2013); Human Rights Watch, , Canada (2013). International human rights law prohibits discrimination on the basis of gender.
CEDAW defines discrimination against women as:
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.
, art. 1.
Gender discrimination is not only a consequence of existing laws and policies, but also of long standing traditions, cultural practices and religious customs. See Human Rights Committee, , UN Doc. HRI/GEN/1/Rev.9 (Vol. I), 29 March 2000, para. 5. For example, in many places around the world women may be denied employment or educational opportunities because of their gender, may be subjected to harmful practices like female genital cutting, and may not have adequate access to legal and law enforcement protection against domestic violence.
States have an obligation to ensure that both men and women have the opportunity to equally enjoy all of their rights by eliminating all forms discrimination against women. See CEDAW Committee, , UN Doc. CEDAW/C/GC/28, 2010, para. 16. As such, States must take all appropriate measures including adopting anti-discrimination legislation, establishing legal protection for the rights of women, and modifying or abolishing discriminatory laws and practices. See, e.g., , art. 2; , art. 2.
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