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Q1. what constitutes discrimination under CEDAW?

Any distinction, exclusion, or restriction, made on the basis of sex, with the purpose or effect of impairing the enjoyment by women of political, economic,
social, cultural, or civil human rights on equal footing with men is defined as discrimination Under CEDAW.
Summarizing this, any form of inequality between other genders and women in the absence of other reasons, is considered discrimination under the articles of CEDAW.

Q2. how does the convention give formal recognition to the influence of culture and tradition on restricting women's enjoyment of their fundamental rights?

A significant number of Islamic states have acceded to the CEDAW with reservations.
Many of the states, including the Republic of Iraq, have noted their reservations on CEDAW given the possible contradictions with Shari'ah. There are many challenges,
mainly stemming from cultural practices, on lifting the reservation of CEDAW that impact the effectiveness of the implementation of CEDAW.

Q3. what does article 4 of Cedaw provide for?

Article 4 states “temporary special measures aimed at accelerating de facto equality before men and women shall not be considered discrimination”

This means that measures such as quotas requiring 50% of seats be allocated to women in parliaments, etc. are permitted under human rights law.
In its practice, the CEDAW Committee has advised States parties that temporary special measures are not only permitted, they are required to ensure equality.

States need to make a definite, properly resourced plan to transform gendered inequality in all the ways that it is manifested within that State, using temporary special measures and they might consult with civil society and women’s non-governmental organizations in order to make the most effective plans.

Examples of such temporary special measures include – action plans, allocation of resources, public awareness programs: quotas in political representation and public appointments etc.

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1. Who are the members of the CEDAW Committee?

A total of 151 experts have served as members of the Committee since 1982. The of cers of the Committee consist of a Chairperson, three Vice-Chairpersons and a Rapporteur. Of ce-bearers serve for two year terms and are eligible for re-election provided that the principle of rotation is upheld.

2. Explain functions and activities of the Committee, i.e. what does it do? Please refer to relevant treaty provision

Countries that have become party to the treaty (States parties) must submit regular reports to the Committee on how the rights of the Convention are being implemented. During its public sessions, the Committee reviews each State party report and addresses its concerns and recommendations to the State party in the form of concluding observations. The Committee is mandated to receive communications from individuals or groups of individuals submitting claims of violations of rights protected under the Convention to the Committee. The Committee is also required to initiate inquiries into situations of grave or systematic violations of women’s rights. The Committee also holds days of general discussion and formulates general recommendations.

3. How many ratifications has CEDAW received? How many  reservations have been made to CEDAW? give an example.

Of the 194 UN member nations, 187 countries have rati ed CEDAW. For example. Afghanistan, Australia, China. Many reservations have been made to CEDAW. One Country is Algeria. Article 2 states that, the Government of the People’s Democratic Republic of Algeria declares that it is prepared to apply the provisions of this article on condition that they do not con ict with the provisions of the Algerian Family Code. Another country is of Argentina. The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women. Then we have Australia. The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under federal and some state industrial awards. Social security bene ts subject to income tests are available to women who are sole parents. The Government of Australia advises that it is not at present in a position to take the measures required by article 11, paragraph 2 (b), to introduce maternity leave with pay or with comparable social bene t throughout Australia.

4. What is the Optional Protocol to CEDAW?

The Optional Protocol entered into force on 22 December 2000. The General Assembly, acting without a vote, adopted on 6 October 1999 a 21-article Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women and called on all States parties to the Convention to become party to the new instrument as soon as possible. The Protocol contains two procedures: (1) A communications procedure allows individual women, or groups of women, to submit claims of violations of rights protected under the Convention to the Committee. The Protocol establishes that in order for individual communications to be admitted for consideration by the Committee, a number of criteria must be met, including those domestic remedies must have been exhausted. (2) The Protocol also creates an inquiry procedure enabling the Committee to initiate inquiries into situations of grave or systematic violations of women’s rights. In either case, States must be party to the Convention and the Protocol. The Protocol includes an "opt-out clause", allowing States upon rati cation or accession to declare that they do not accept the inquiry procedure. Article 17 of the Protocol explicitly provides that no reservations may be entered to its terms. By ratifying the Optional Protocol, a State recognizes the competence of the Committee on the Elimination of Discrimination against Women -- the body that monitors States parties' compliance with the Convention -- to receive and consider complaints from individuals or groups within its jurisdiction.

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1) Cecilia Kell V Canada communication No.19/2008, UN Doc. CEDAW/C/51/D/19/2008 (2012)

-       The case is by Cecilia Kell, Canadian aboriginal woman living in the Northwest territories of Canada.

-       She claims to be the victim of violations of her rights by Canada under the Convention on the Elimination of All forms of Discrimination against women.

-       The protocol was entered into force for Canada on the 10th December 1981 and 18 January 2003 respectively.

2)    What is the case about? Explain the facts of the case

-       A house was bought from the Northwest Territories Housing Corporation, it was jointly owned by her and her partner but subject to domestic violence over three years

-       The complaint registered by Kell claimed, in particular that Canada had failed in order of ensuring that her agents have refrain from engaging in any act of practice of discrimination against women

-       When they had removed Kell’s name from the lease without her consent, which was done on her partner request to the housing authority.

3)   What did the CEDAW Committee decide, which CEDAW articles were breached?

-        The committee decided that Kell’s property rights had been prejudiced due to public authority acting with her partner.

-        She has been discriminated against as an aboriginal woman.

-        Committee also found that Canada had a failed provide Kell effective legal protection when she sought to regain her property rights.

Which CEDAW articles were breached?

-        Canada as a party to CEDAW had breached the articles 1,2 & 16

-        Article 1 of CEDAW describes discrimination against women

-        Article 2 of CEDAW states parties condemn discrimination against women in all forms,
agree to pursue by all appropriate means without any delay policy of eliminating discrimination against women.

-        Article 16 of CEDAW states party should take appropriate measures to eliminate discrimination against women in all matters,
which are relating to marriage and family relations and in particular shall ensure basis of equality of men and women.

4)   What does intersectionality mean according to the Committee?

- intersectionality is known as an address to the compounded discrimination,
which people suffer.
-This is based on various areas it could be sex, disability, race and religion etc.

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1.    Chinkin, C., 2010. Thoughts on the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). London: Commonwealth Secretariat.

2.    Merry, S., 2006. Creating human rights. Chicago: University of Chicago Press.

3.    Gevrek, D. and Middleton, K., 2016. Globalization and women’s and girls’ health in 192 UN-member countries. International Journal of Social Economics, 43(7), pp.692-721.

4.    Blaker Strand V, 'Interpreting The ECHR In Its Normative Environment: Interaction Between The ECHR, The UN Convention On The Elimination Of All Forms Of Discrimination Against Women And The UN Convention On The Rights Of The Child' (2019) 24 The International Journal of Human Rights