Convention of Discrimination against Women
The approval of the Convention on the Elimination of all forms of Discrimination Against Women in 1979, and its entering into force in 1981, suppose a further step towards defending equal rights for women, and recognizing that previous conventions were insufficient to guarantee the human rights of women. Its novelty lies in that its ratification requires promotion of equal rights for women in the spheres of both public and private life. The Convention on the Elimination of all forms of Discrimination Against Women was approved by the U.N. General Assembly on 18 December of 1979 and entered into force on 3 September of 1981. Generally, it is denominated using the English acronym CEDAW. CEDAW is the most extensive and detailed international instrument on the rights of women. It is based on the "prohibition of all forms of discrimination against women". Also, the text guarantees women's equality to exercise all economic, social, cultural, citizen and political rights. This Convention has a juridical linking character. Ratifying States are legally obliged to apply it and periodically inform on the progress made. By January 2003,170 countries had ratified the text. In a similar way, other States have signed it, committing themselves to not act against its terms. However, CEDAW is the international treaty on human rights with the most reservations, which limits its impact. A moral commitment The Universal Declaration on Human Rights of 1948 establishes in its first and second Articles the principle of equality ("all human beings are born free, with equal rights to dignity and to exercise their rights") and non-discrimination ("all people have the same rights and freedoms as proclaimed in the Declaration, with no distinctions related to race, colour, sex, language, religion, political opinions or of any other kind, national or social origin, economic position, birth or any other condition"). However, this legal framework was insufficient to protect women from discrimination. The implementation of the first international juridical instrument aimed at the specific recognition of specific rights for women dates back to 1967, when the U.N. General Assembly approved the Declaration on the Elimination of Discrimination Against Women. Differing from the Convention, this text does not constitute any legal obligation, but it is of great importance as it constitutes a precedent and represents a moral commitment. In Article 1 the Declaration establishes in a generic form the principle of non-discrimination: "discrimination against women, as a negation or limitation of their equal right with men, is fundamentally unjust and constitutes an offense to human dignity". A legal obligation Approbation of CEDAW supposes a step forward in the defense of equal rights for women. The Convention establishes that previous conventions are not sufficient to guarantee the opportunity for women to enjoy and exercise their human rights. The Convention contemplates a surveillance mechanism. In Article 17, it establishes a Committee for the Elimination of Discrimination against Women, with the function ensuring that party States apply the CEDAW. It also analyzes progress achieved towards its accomplishment. The Committee is constituted by experts in the field, who work independently and not as representatives of their countries of origin. Every four years, member States are required to send a report to the Committee, can formulate general recommendations after a preliminary analysis. Articles and preamble The Convention has 30 articles and is subdivided into:
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