Download Convention on the Elimination of All Forms of Discrimination against

Convention Series
Information Sheet One
May 2013
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
New Zealand’s responsibility under the CEDAW treaty
What is it?
The Convention on the Elimination of All Forms of Discrimination against Women was adopted in 1979 by
the UN General Assembly and was ratified by NZ in 1985. Out of 194, 187 states are now party to the
convention, including all Pacific states except Tonga which has yet to sign and Palau which has signed but
not ratified it. The Convention has been described as a bill of rights for women and aims to ensure equal
opportunities for women in all areas including political and public life, education, health and employment. It
is the only human rights treaty to recognise the reproductive rights of women and it focuses on culture and
tradition as forces which shape both gender roles and family relations. CEDAW defines what constitutes
discrimination against women and creates a national agenda to end this discrimination.
What obligations does it place on state parties?
In accepting the Convention, states bind themselves to undertake measures to end discrimination against
women in all forms. These measures include abolishing all discriminatory laws, incorporating the principle
of gender equality into their legal system and establishing tribunals and other public institutions to ensure
women are protected against discrimination. The Optional Protocol to CEDAW, which NZ ratified in 2000,
also gives individuals and groups of women the right to complain to the Committee on the Elimination of
Discrimination against Women about violations of the Convention.
Countries that are party to the Convention are required to submit reports to the UN Committee on the
Elimination of All Forms of Discrimination against Women at least every four years, detailing the measures
they have taken to comply with their obligations under the Convention. There are no penalties or sanctions
for states that are not fulfilling their obligations under CEDAW. However, governments are subject to
public criticism and this is why NGOs are encouraged to submit ‘shadow reports’ detailing their views on
how well their government is living up to its CEDAW obligations.
How is New Zealand meeting these obligations?
CEDAW is incorporated into NZ law through many different pieces of legislation. In its broadest sense the
Bill of Rights Act 1990 and the Human Rights Act 1993 together provide protection against discrimination on
the basis of sex. These acts contain provisions that authorise special measures to achieve equality. NZ gives
effect to more specific provisions in the Convention through a range of more specialised legislation around
parental leave, employment protection and safety from violence. Such legislation includes the Domestic
Violence Act 1995, Employment Relations Act 2000 and the Parental Leave and Employment Protection
(Paid Parental Leave) Act 2002. The Government also both explicitly and publicly identifies goals for women
through such outlets as the Ministry of Women’s Affairs’ Statement of Intent which is published annually.
NZ courts have and do cite the Convention in cases, however because the Convention is implemented
through domestic law, the courts will often look to this rather than the Convention itself.
Are there any areas in which New Zealand’s obligations are not being met?
Discrimination against women is no longer codified in NZ law. NZ legally meets all its obligations under
CEDAW. However, as NGOs have pointed out in their shadow CEDAW report of 2006, the effects of social
and cultural discrimination can still be seen in NZ society. These effects can be seen in the high levels of
domestic violence against women, gender stereotyping in the media and the fact that women are still
under-represented in governance and professional life.
CEDAW in the Pacific
CEDAW is now the second most ratified treaty in the Pacific, after the Convention on the Rights of the
Child. The South Pacific Island Forum countries yet to ratify CEDAW are Tonga and Palau. Despite the
fact that many Pacific states have ratified CEDAW, none have yet achieved full legislative compliance
with the treaty.
Article 2 requires a range of fundamental rights and freedoms to be guaranteed in a state’s
constitution, including substantive equality and freedom from discrimination on the grounds of sex,
marital status, sexual orientation, HIV status and disability. Pacific countries do guarantee the rights
and freedoms of women in most of the areas required by CEDAW. However, although they may
guarantee men and women the equal protection of the law, equality before the law, or freedom
under the law, they do not guarantee women equal benefits or outcomes as required by CEDAW.
Laws around sexual assault are an example of one common area in which many Pacific countries do
not achieve compliance with CEDAW. The legislation in these states is often inadequate and does not
provide protection for the range of sexual violations perpetrated against girls and women. Problems
in many Pacific states around CEDAW also include the division of marital property, restriction of
women’s employment choices and lack of the adoption of special measures to advance women in
education.
For a more comprehensive overview of CEDAW in the Pacific see the UNIFEM report below.
More info:
The full text of the Convention: http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
Information on CEDAW in NZ and copies of NZ’s CEDAW reports:
http://www.mwa.govt.nz/our-work/international/cedaw.html
NGOs’ shadow report on CEDAW 2006:
http://www.iwraw-ap.org/resources/pdf/New%20Zealand%20(NCWNZ).pdf
UNIFEM report ‘Translating CEDAW into law’ – CEDAW legislative compliance in the nine Pacific Island
countries
http://www.undppc.org.fj/_resources/article/files/TCL_Executive%20Summary1.pdf
Disclaimer – Information in this convention series is to CID’s knowledge true and accurate but does not constitute legal advice.