WHAT IS CEDAW? SO WHAT IF THE PIIIEi MW WHAT IS DISCRIMINATION AGAINST WOMEN?AND RATIFIED CEDAW?

CEDAW is the CONVENTION ON THE ELIMINATION OF CEDAW...ALL FORMS OF DISCRIMINATION AGAINST WOMEN ANo

DAW?JIt is also known as the:* International Bill of Rights for Women* Women's Convention* United Nations Treaty for the Rights of Women

CEDAW is the first and only international treatythat comprehensively addresses women's rights,not only within civil and political spheres, but alsowithin economic, social, cultural and family life.

CEDAW CAME INTO FORCE ON SEPTEMBER 4, 1981The Philippines signed CEDAW on July 17, 1980 andratified it on July 19,1981.

DID YOU KNOW THAT..* The Philippines, through Leticia

Ramos-Shahani, prepared the firstdraft of CEDAW adopted by theUnited Nations as a basic workingpaper? It was co-sponsored withRussian delegate TatianaNikolaeva.

CEDAW has 185 States Parties.A State Party is a government thatnot only signed , but its lawmakingbody ratified CEDAW and is boundto put the provisions of the treatyinto practice.

WHY A SEPARATE BILL OF RIGHTS FOR WOMEN?

Existing international human rights treatieshad been insufficient to guarantee the protectionof women's human rights. /. 2 .

"Discrimination against women violates theprinciples of equality of rights and respect forhuman dignity " that hampers women'sparticipation , on equal terms with men, in allfields for development and peace.(CEDAW Preamble)

As a State Party, the Philippine government recognizesthat discrimination against women exists and that there isa need for state action. States Parties are bound toRespect , Protect and Fulfill women's rights. They arebound to:

* Repeal all discriminatory laws and policies* Enact anti-discrimination policies and provide effective

mechanisms and remedies where women can seekredress for rights violations

* Promote equality through all appropriate means* Make a national report every four years on measures

they have taken to comply with the treaty obligations

The CEDAW Committee* Monitors progress for women made in countries that

are States Parties to CEDAW* Reviews periodic reports of CEDAW States Parties on

national implementation of CEDAW obligations.Thereporting process constitutes a mechanism foraccountability at the international level.

* Issues general recommendations, which elaborate theCEDAW Committee's view of the treaty's obligations.

DID YOU KNOW THAT..* The CEDAW Committee is made up of 23 experts selected

by States Parties to monitor compliance to the treaty?

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WHAT USE IS CEDAW 70 ADVOCATES ANDPOIIC MAI('ERS?

* As a reminder of government obligations* As an argument in domestic litigation* Rights as targets and indicators in development

projects and policies or in the reporting process

It means "any distinction, exclusion orrestriction made on the basis of sex whichhas the effect or purpose of impairing or ►nullifying the recognition, enjoyment orexercise by women, irrespective of theirmarital status, on a basis of equality of menand women, of human rights and fundamentalfreedoms in the political, social, cultural, civilor any other field." (CEDAW, Article 1)

NOW DOES CEDAW AIM TO END DISCRIMINATION?

* It aims to bring about substantive equality of women.This means governments are tasked to bring in actualresults in women's lives.

* It carries with it the principle of State Obligation.Thismeans that the State has responsibilities to womenfrom which it cannot withdraw.

* It prohibits actions and policies that put women at adisadvantage whatever its intentions.

* It tasks States Parties not only to prevent women'srights violations by state institutions and governmentofficials, but also by private individuals and groups.

* It recognizes the influence of culture and tradition onrestricting women's enjoyment of their rights, andchallenges States Parties to change stereotypes,customs and norms that discriminate against women.

* it addresses the need to tackle power relationsbetween women and men at all levels, from family, tocommunity, market and State.

* It discards the distinction between the private and thepublic spheres, by recognizing violations of women inthe private sphere i.e. the home, as violations ofwomen's human rights.

WHAT IS THE OPTIONAL PROTOCOL TO CEDAW?

When a woman has tried to seek redress from thegovernment and exhausted all avenues under the law,she can seek justice at the international level through theOptional Protocol to CEDAW (OP°CEDAW).

OP-CEDAW was adopted on October 6,1999 and cameinto force on December 22, 2000. The Philippines signedthe OP-CEDAW on March 21, 2000 and ratified it onNovember 12,2003.

As of June 2007, of the 185 States Parties to CEDAW, 88have acceded to the Optional Protocol. This is open onlyto States Parties of CEDAW but optional. Only citizens ofOP States Parties can avail of this option.

There are two mechanisms:

1. The communications procedure - individuals or groupssubmit petitions directly to the CEDAW Committee

2. The inquiry procedure - the CEDAW Committeeinvestigates serious or systematic abuses of women'srights in member countries

WHERE ARE COMPLAINTS FILED?

Committee on the Elimination ofDiscrimination against Women

C/o UN Division for the Advancement of WomenDepartment of Economics and Social Affairs,United Nations Secretariat2 United Nations Plaza , DC 2/12th FloorNew York, NY 10017 USA

Fax Number 1-212-963-3463

CEDAW WATCH NETWORK

. ITWO is a multi-sectoral advocacynetwork of individuals and organizations committed topromote women 's human rights through CEDAW and itsGeneral Recommendations.

VIV04CEDAW is relevant to the lives of Filipino women in allspheres - civil, political , economic, social and cultural.

MIS.* Lobbying for full integration in the Philippine legal

framework, including the Constitution, and monitoringcompliance by the Government of the Philippines of itsobligations as State Party

* Sustained public information campaign to all sectors ofsociety

TASK FORCE TEAMS WERE CR'ATC TOR PRIORI rYACTIVITIES AND PROGRAMS

Lobbying for gender equality law - Magna Carta ofWomen

* Addressing poverty and economic justice* Gender justice training ( lawyers in the Supreme Court

and Court of Appeals)* Monitoring Mechanisms* Public Information Campaign* Network Expansion - training of new breed of

advocates , CEDAW Youth

fEMOER HIPMore than 100 members nationwide representinggovernment, civil society groups, media , academe andinternational development organizations. A CEDAW Youthgroup comprising of 30 young women has been formed.

Women and Gender InstituteMiriam College, , Katipunan Road, Loyola Heights,Quezon City, PhilippinesTelefax (63-2) 435-9229Telephone (63-2) 580-5400 local 3590Email: wagi@mc.edu.phWebsite: www.cedaw-watch.org

CEDAWMAKING WOMEN'S RIGNTS REAL

A Primer on CEDAWConvention on the

Elimination of All Forms ofDiscrimination Against Women

PUBLISHED BYr.1^^Mkw^

UNIFEMT-,)UNIFEM CEDAW- South East Asia Programme

PRODUCED BY

WFSWomen 's Feature Service Philippines, Inc.

WITH SUPPORT FROM

1*7Canadian International Development Agency (CIDA)

AMVIBALFOUNDATION

Vibal Foundation

IN PARTNERSHIP WITHPILIPINA

CEDAW WATCH NetworkNational Commission on the Role of Filipino Women

SINCE RATIFYING CEDAW, Wi4T NAVE WE GOT WNAT RIGHTS ARE i UARANTEED SY CEDAW? WHAT IS THE MAGNA CARTA OF WOMEN?

TO SNOW?

LAWS PROTECTING WOMEN FROM VIOLENCE* RA 7877 Anti-Sexual Harassment Act* RA 8353 Anti-Rape LawOr RA 8505 Rape Victim Assistance and Protection Act* RA 9208 Anti-Trafficking in Persons Act* RA 9262 Anti-Violence Against Women and

Children Act* Family Code* Women's and children's desks

and services (PNP, DOH, DSWD, TO]N8I, CHR, LGUs, etc.)

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GENDER AND DEVELOPMENT (GAD) MAINSTREAMING INGOVERNMENT PLANS, POLICIES AND PROGRAMS* GAD budget policy: 5% allocation from total budgets

for women* Start of sex-disaggregated data

SPECIAL TEMPORARY MEAStRESAT PROTECTING MATERNITY* Collective bargaining

agreements on maternity-related provisions like flexibleworking hours for pregnantwomen, relief from heavywork

* Maternity leave, includingunmarried civil servants

* Solo Parents Act of 2000

IMPROVING ECONOMIC LIFE* Information and support services to women overseas

workers* RA 8042 Migrant Workers and Overseas Filipinos Act* Deployment of social workers and

labor attaches* Comprehensive orientation

program for entertainers* Pre-departure and pre-employment

orientation seminars

-^z Right to good quality education (articles 10 and 14)Right to comprehensive health services, including onfamily planning (articles 11,12 and 14)Right to access loans and other forms of financialcredits (articles 13 and 14)Right to join leisure, sports and cultural activities(articles 10, 13 and 14)Right to decide on the number of children and on thenumber of years between pregnancies (article 16)Right to shared parenting responsibilities(articles 5 and 16)Right to have equal access to jobs, benefits and socialsecurity (articles 11 and 14)Right to be paid equally based on the work they do(article 11)Right to be free from all forms of violence whetherphysical, sexual , emotional, mental or economic(General Recommendation 12 and 19)Right to be free from all forms of slavery andprostitution (article 6)Right to vote, run for election and holdpublic office (article 7)

k Right to represent the countryinternationally (article 8)Right to acquire, change orretain nationality andcitizenship (article 9)

Aw %4& AP, APO'

WHAT ALE GENERAL RECOMMENDATIONS?

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CEDAW is being continually updated toinclude new insights and new issues thatare brought to the CEDAW Committee'sattention through the formulation ofGeneral Recommendations (GR) by thecommittee such as GR 12 and 19 on gender-based violence against women.

To date, there are 25 General Recommend-ations under the CEDAW Convention.TheCEDAW Committee is working on a GR onthe rights of women migrant workers.

The Magna Carta of Women is aproposed omnibus law that aims totranslate the spirit and letter ofCEDAW to eliminate discriminationagainst women and to recognize,respect, protect, fulfill and promote allhuman rights and fundamentalfreedoms of women, particularly thepoor and marginalized.

WNY A MAGNA CARTA OF WOMEN?

* 26 years after the Philippines ratified CEDAW, Filipinowomen continue to suffer from discrimination andunequal relations

* There is no definition of discrimination in nationallegislation

* There are existing laws or provisions therein thatcontinue to discriminate against women

WNAT ARE SOME SALIENT POINTS OF TIE BILL NOTPRESENT IN EXISTING LAWS?

* Defines discrimination against women based onCEDAW

* Equal treatment before the law* Equal rights in all matters relating to marriage and

family relations* Participation and representation - 50% women in third

level positions in government; in police force, forensics,medico-legal professions; 33% in all developmentcouncils from barangay to regional; incentives topolitical parties and private sector

* Equal access to education - Outlaw expulsion, non-readmission, prohibiting enrolment and otherdiscriminatory acts in schools to unmarried womenstudents due to pregnancy

* Non-derogatory portrayal of women in media and film* Access to information and services relating to women's

health

Source : NCRFW report to CEDAW Committee 2006

WHAT ARE THE CONCLUDING COMMENTS CEDAW CONCLUDING COMMENTS CEDAW CONCLUDING COMMENTSOF THE CEDAW COMMITTEE?

Last August 15, 2006, the Philippines presented itsProgress Report to the CEDAW Committee in New York.The Committee gave its recommendations or its"Concluding Comments"detailing specific issues whichthe Philippines must focus on until the next reportingperiod in 2010.

TRANSLATION OF CEDAW IN NATIONAL LEGISLATION* Clarify the status of CEDAW in the national legal system

to avoid conflict with national laws* Define discrimination in the national law - it is so defined

in the Magna Carta of Women or the Gender Equality Bill

REVISION OF DISCRIMINATORY PROVISIONS INNATIONAL LAWS* Revised Penal Code, Articles 333 and 334: Wives can

easily be accused of adultery while husbands haveto be caught co-habiting and supporting anotherwoman

* Family Code, Articles 96,124, 211 and 335: In casesof disagreement between husband and wife overcommunity and conjugal partnership property, andthe exercise of parental authority and legal guardian-ship over the person and property of a commonchild, the husband's decision prevails

* Night work prohibition under the Labor Code* Code of Muslim Personal Laws: Allows polygamy,

early and arranged marriages; Women inherit onlyhalf of the inheritance of the male heir

* Anti-Rape Law: A forgiveness clause could extinguishthe criminal dimension of marital rape and itspenalties, and could perpetuate the cycle of violence

* Review laws relating to abortion to remove punitiveprovisions imposed on women who undergo abortion

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STRENGTHEN THE NATIONAL MACHINERY OFWOMEN h N, t e ational Commission on theRole of Filipino Women, and provide it withauthority, decision-making powers, humanand financial resources at par with thecabinet level

ELIMINATE GENDER STEREOTYPING which are the rootcauses of violence against women, disadvantagedposition of women in the workplace, political and publiclife; Conduct education campaigns for the public,including religious leaders

Ensure full and equal participation of women inleadership positions; Establish goals and implementtraining programs to ACCELERATE WOMEN'SPARTICIPATION IN PUBLIC AND POLITICAL LIFE

EVALUATE IMPACT OF FREETRADE AGREEMENTS ONWOMEN 'S SOCIO-ECONOMICCONDITIONS; Eliminateoccupational segregation,enhance the situation of womenin informal economy and closethe wage gap

Continue with efforts to have bilateral measuresto PROTECT WOMEN MIGRANT WORKERS andaddress the root causes of women's migration

LEGISLATE A DIVORCE LAW whichallows women to marry after divorce,and grants equal rights toproperty during marriageand after divorce

1

The fact that there is no nationalreproductive health policy is a form ofdiscrimination in that the absence of a lawfails to protect women's human rights

STRENGTHEN MEASURES AGAINSTUNWANTED PREGNANCIES by making acomprehensive range of contraceptiveswidely available without restriction;Give priority to adolescents and providesex education; Reduce the maternalmortality rate

ELIMINATE VIOLENCE AGAINST WOMEN (VAW) by enhanceddata collection on various forms of VAW; Research onprevalence, causes and consequences of domesticviolence as basis for intervention collection on variousforms of VAW; Research on prevalence, causes andconsequences of domestic violence as basis forintervention

IMPLEMENT ANTI-TRAFFICKING IN PERSONS ACT byproviding comprehensive info and data; Strengtheningbilateral, regional and international cooperation withcountries of origin, transit and destination; Address theroot causes of trafficking and improve preventivemeasures

ELIMINATE EXPLOITATION IN PROSTITUTION: Discouragedemand; Provide rehabilitation, economic empowermentprograms and financial support to NGOs which runshelters and drop-in centers

EMPOWER RURAL, INDIGENOUS AND MUSLIM WOMENby paying particular attention to their social, economic

and health needs ; Provide increasededucational opportunities to discourageearly marriages; Sex disaggregated dataand information on the impact ofmeasures taken and results achieved ofpolicies and program for these women

WIDE DISSEMINATION OF WOMEN'SAGENDA : CEDAW and the ConcludingComments including the BeijingPlatform for Action and the MillenniumDevelopment Goals