ORAL PRESENTATION THE CEDAW CONVENTION AND WOMEN S HUMAN RIGHTS

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1 ORAL PRESENTATION THE CEDAW CONVENTION AND WOMEN S HUMAN RIGHTS PowerPoint 1: Presentation Social Democratic Students Burma Project Women s Internship Programme > Leadership and Management Programme Agenda: Part 1 Background about the UN system of human rights Part 2 The CEDAW Convention Part 3 Group discussions about women s rights around the world Three hours, at least one break before the discussions People are free to leave the class room if they feel uncomfortable with any of the topics, but it is strongly recommended that everyone stays in the class room Questions and comments are always welcome; raise your hand when you want to talk and listen when somebody else is talking PowerPoint 2: During a philosophy class in high school I was asked how a good teacher should be Open question for the audience: What defines a good teacher? Expectations on the oral presentation? PowerPoint 3: Inspirational I cannot force you to learn anything. It is all up to you; you need to find motivation and that inner curiosity you all have. My role is to tickle that curiosity of yours

2 PowerPoint 4: The UN Charter was signed in San Fransisco, the United States, on 26 June The UN Charter entered into force on 24 October 1945 then the UN was established. The International UN Day is celebrated on 24 October every year The reason why the UN was founded is that the international community wanted to prevent another world war and also to prevent another genocide from happening The UN s areas of work are: 1) Peace, security and disarmament 2) Human righs 3) Development and poverty eradication Picture 1: Congolese soldiers in the Democratic Republic of Congo (Peace, security and disarmament) Picture 2: Women voting in Afghanistan (Human rights) Picture 3: Woman in Mali (Development and poverty reduction) In 1945, there was a polarization between the communist states, lead by the Union of Soviet Socialist Republics (USSR/Russia), and the capitalist states, lead by the United States of America (USA) this would later affect the adoption of different human rights treaties Today, there are 193 Member States (South Sudan acceded in 2011). Some of these official Member States include disputed areas, such as Taiwan (China), Somaliland (Somalia), Greenland (Denmark) Only the Vatican stands outside of the UN cooperation PowerPoint 5: A UN organisation chart We will mostly talk about the General Assembly, the Security Council, the the International Court of Justice (ICJ) and International Criminal Court (ICC) and UN Women

3 PowerPoint 6: The General Assembly is the highest decision-making body of the United Nations. The General Assembly consists of all the 193 Member States; each of them have a vote during decisions. Decisions on important and/or sensitive questions, such as peace and security, requires a two-thirds majority of the votes (67 % of the Member States vote yes ). Decisions on other questions are by simple majority (51 % of the Member States vote yes ). The General Assembly meets in New York, the USA, or anywhere else according to an agreement between the Member States. The General Assembly has regular meeting sessions from September to December each year, and thereafter as required. The General Assembly works with all the three main areas of work of the UN Peace, security and disarmament; Human Rights; Development and poverty eradication Resolutions are statements that are not judicially binding. That means that the Member States are not bound by law to follow resolutions. But Member States usually follow or implement resolutions anyway, in line with common law. Common law means that unwritten rules have developed between the Member States and that those States that do not follow these rules will be ostracized The General Assembly is allowed to adopt resolutions on peace and security matters when the Security Council fails to act in humanitarian crises. This can be done due to the Uniting For Peace-doctrine, which was introduced in Resolution 377. If the General Assembly chooses to make use of the Uniting For Peace-doctrine, then it does not matter if the five permanent members of the Security Council have used their veto The General Assembly appoints the non-permanent members in the Security Council and sometimes also the Secretary General The General Assembly examines reports from the Security Council and other UN agencies The General Assembly develops already-existing conventions and adopts new conventions

4 PowerPoint 7: The Security Council meets in New York, the USA. The Security Council does not meet sessionally, but it stands ready to convene at any time as the need arises The Security Council consists of 15 countries, of which 10 are rotatory seats. The countries that are appointed to the 10 rotatory seats will stay for a two-year period in the Security Council. The rotatory seats are divided geographically as follows: * 5 countries from Asia and Africa together * 2 countries from Latin America * 2 countries from Western Europe, Canada, Australia and New Zealand * 1 country from Eastern Europe The five permanent members of the Security Council are the USA, Great Britain, France, Russia and China. The constellation of the permanent members have roots in the aftermath of the World War II. Also, the five permanent members all have nuclear weapons. The five permanent members have a right of veto, which means that they can prevent decisions from being made, even if there is a majority among the 193 Member States of the UN that is positive to a suggestion in the Security Council The Security Council s main tasks are to prevent conflicts and to promote international peace and security. The Security Council watches over the development in ongoing conflicts, mediates between conflicting parties in order to bring cease-fire and a peace agreement and sends non-violent troops to guard the cease-fire Chapter seven (VII) in the UN Charter permits sanctions against conflicting Member States trade embargos and bans on entry to other Member States among other strategies. In the last resort, military interventions can be necessary. In case of a military intervention, the State sovereignty is not any longer of importance The Security Council sometimes nominates the Secretary General

5 PowerPoint 8: The International Court of Justice (ICJ) has its meetings in The Hague, the Netherlands The International Court of Justice was established by the UN Charter in June 1945 and began to work in April The Statute of the International Court of Justice is an integral part of the UN Charter 15 judges work in the Court; they serve the International Court of Justice for nine years each, and are elected by the General Assembly and the Security Council The International Court of Justice settles disputes between two or more UN Member States. The International Court of Justice also gives advice on questions that different UN bodies, such as the General Assembly, and specialized agencies, such as the International Labour Organisation, have referred to the court

6 PowerPoint 9: The Internatinal Criminal Court has its meetings in The Hague, the Netherlands The Rome Statute was adopted on 17 July 1998 and it entered into force on 1 July 2002 when 60 UN Member States had ratified the Rome Statute. Ten States ratified the Rome Statute simultaneously, so none of them had the honour to be the 60th ratifying country. When Member States ratify treaties, they agree to be bound by law to follow the rules stated in the treaties in question There are 18 judges working in the International Criminal Court. They are elected by the Assembly of States Parties and serves the International Criminal Court for nine years each After the genocides in Rwanda and in former Yugoslavia in the beginning of the 1990s, the international community saw the need for a permanent international court that would help end impunity for perpetrators of the most serious crimes of concern for the international community. The International Criminal Court does not settle interstate disputes The International Criminal Court has jurisdiction to try cases that concern either genocide, crimes against humanity or war crimes. The Rome Statute gives the International Criminal Court jurisdiction to try cases concerning crimes of aggression, when this crime has been defined In June 2010, the International Criminal Court made an amendment to the Rome Statute, where crimes of aggression are specified. Crimes of aggression refer to situations when armed force is used against the sovereignty, territorial integrity or political independence of a State. Invasions and occupations are included in the amendment s definition of crimes of aggression. However, the International Criminal Court will only have jurisdiction over this crime after it enters into force for 30 Member States and after General Assembly has voted in favour of allowing the International Criminal Court to have this jurisdiction after 1 January 2017 Genocide is a crime where one or many groups of people try to destroy, in whole or in part, another group. Genocide includes serious crimes such as masskilling or to forcibly transfer children of the targeted group to another group

7 Crimes against humanity refers to intentioned attacks that are widespread or systematic and that target civilians. Crimes against humanity includes serious crimes such as murder, enslavement, imprisonment, torture, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization War crimes refers to breaches of international humanitarian law ( the rules of war ) and to large-scale human rights violations in intrastate conflicts (civil war). War crimes includes serious crimes such as murder, mutilation, torture, attacks on civilians and important buildings, the recruitment of children under the age of 15 years to armed forces or groups These serious crimes genocide, crimes against humanity and war crimes are also defined in earlier treaties (the Geneva Conventions, the Hague Conventions, conventions prohibiting landmines et cetera) Specific provisions must be met if the International Criminal Court is to have jurisdiction over certain cases. Among other things, the International Criminal Court should only complement, but not replace, national courts. Cases can be brought to the International Criminal Court when the Member State in question is unable or unwilling to deal with grave and large-scale human rights violations

8 PowerPoint 10: These are just examples of what is done for women within the UN system The UN Decade for Women ( ) led to the adoption of the Convention on Elimination of All Forms of Discrimination against Women (the CEDAW Convention). During the UN Decade for Women there were three World Conferences on Women held; in Mexico City in Mexico (1975), in Copenhagen in Denmark (1980) and in Nairobi in Kenya (1985). The fourth World Conference on Women was held in Beijing in China (1995). The final paper was called the Beijing Platform for Action and it stipulates that all policies of the UN Member States and all areas of work within the UN should mainstream women s rights and a gender perspective The UN has taken many initiatives to end gender-based violence against women. Among other things, there is a Special Rapporteur on violence against women, its causes and consequences, who can visit countries in order to examine and document the prevalence of violence against women. There is also a database on violence against women where statistics are available. 25 November is the International Day for Elimination of Violence against Women. The Security Council has also adopted many resolutions about violence against women in conflicts. Among other things, a Special Representative on Sexual Violence in Conflict has been introduced In 2010, the Divsion of the Advancement of Women (DAW) merged with the UN Development Fund for Women (UNIFEM), the International Research and Training Institute for Women (INSTRAW) and Office of the Special Adviser for Gender Issues and Advancement of Women (OSAGI). The new UN body is called the UN Entity for Gender Equality and the Empowerment of Women (UN Women). UN Women watches over the Member States implementation of women s human rights and also over the UN:s obligation to mainstream women s human rights and a gender perspective in all areas of work. UN Women have five main goals: 1) To increase women s political participation 2) To combat violence against women 3) To increase women s participation in peace negotiations and peace processes 4) To strengthen women s participation as economic actors 5) To make gender issues a priority in national and local budgets

9 PowerPoint 11: What do you think about when you see these pictures? Picture 1: Afghan women wearing burqa Picture 2: Navanethem Navi Pillay (South African citizen), the UN High Commissioner for Human Rights Picture 3: Haitian women fetching water Picture 4: A young Indian mother Picture 5: Mother and child in the Democratic Republic of Congo

10 PowerPoint 12: The General Declaration on Human Rights, adopted in 1948 after the World War II, established that all human beings regardless of sex are entitled the same rights During the Cold War, the two superpowers the USSR (the Union of Soviet Socialist Republics) and the USA (United States of America) could not agree on what kind of rights were most important. The communist USSR stressed the need for economic and social rights while the USA stressed the importance of civil and political rights. Therefore, two conventions, covering both types of rights, were adopted in These conventions confirm that all human beings regardless of sex are entitled the same rights The two 1966 conventions were later used as a pattern for other treaties within the UN system of human rights. Some treaties concerned women s rights; as a couple of examples, in 1951, a convention prohibiting trafficking and prostitution was adopted and in 1964 another convention on the rules of marriage (consent and a minimum age) was adopted. But many Member States did not ratify or accede to these conventions. The implementation of these conventions was slow. Women s rights were still neglected In 1967 a declaration which was not judicially binding on the elimination of all forms of discrimination of women was adopted in the General Assembly. This declaration was followed by the judicially binding Convention on the Elimination of All Forms of Discrimination against Women (the CEDAW Convention) in The CEDAW Convention entered into force in 1981 Earlier conventions had focused on human rights violations committed by the State in the public sphere. But since many women had a restricted freedom of movement, or a restricted access to the public sphere of other reasons, women s needs for protection and security were not met in the earlier conventions. Women also had other special needs, such as those connected to pregnancy, childbirth and lactation

11 PowerPoint 13: The CEDAW Convention consists of 30 articles of whom 16 are main articles. Main articles contain rights and definitions but do not explain procedures (how to ratify or accede to the convention et cetera) Economic, social, cultural, civil and political rights examples will be given later in the PowerPoint presentation The best interest of the child means that children should always be involved in and listened to in all matters that concern them. As an example, the best interest of the child should be taken into account in matters relating to the custody of a child Non-discrimination is a main principle in all UN conventions; also in the CEDAW Convention. The CEDAW Convention prohibits both discrimination between men and women and between different groups of women Gender-neutral language means that women should have the same rights as men. Gender-sensitive language means that women have special needs that men do not have, and that women are therefore in the need of special rights PowerPoint 14: Examples of economic rights A right to apply for and receive scholarships and grants (article 10.d) A right to equal remuneration as men (article 11.d) A right to take loans (article 13.b) If women do the same job as men do, they should have the same pay. Women also need to receive sufficient payments so they can support for themselves. The work that women do and the work that men do should be treated as equally valuable

12 PowerPoint 15: Examples of social rights A right to education (article 10) A right to health (article 12) A right to social and family subsidies (article 13.a) Both girls and women have a right to education. The Member States must take measures to help women drop outs get a proper education or vocational training Women have a right to maternity welfare: during the pregnancy, at the delivery and afterwards. Women also have a right to nutritious food during pregnancy and lactation Women also have a right to child allowances and Member States must take measures to ensure that women can combine motherhood with a professional career Picture 1: Cambodian women in a health clinic Picture 2: Ivorian pregnant women PowerPoint 16: Examples of cultural rights Discriminatory customs and practices should be eliminated (article 2.f) Negative prejudices and stereotyped gender roles should be abolished (article 5) A right to leisure time, sports and culture (article 13.c) Female genital mutilation must be abolished Women and men should share the responsibilites in the household and for their children Picture: The Swedish football team for women (2007)

13 PowerPoint 17: Example of civil rights A right to citizenship Women should not be forced to get their husbands citizenship when they marry, nor should they become stateless if they marry foreign citizens Citizenship is important, since it is a prerequisite if you want to leave your country for vacation or for political reasons Picture to the right: A Swedish female citizen PowerPoint 18: Examples of political rights A right to vote (article 7.a) A right to political participation (article 7.b) A right to work internationally (article 8) New Zealand was the first country in the world to let women vote (1893). Finland was the first European country to let women vote (1906) and Turkey was the first Muslim country to let women vote (1934) Women should be permitted to stand for election and to have political responsibilities. They should also have the right to represent their home countries during international political meetings and they should also be able to organise in international organisations Picture: Indian women voting in the 2009 elections. 714 million voters were able to choose between more than a thousand different parties in the 2009 elections in India

14 PowerPoint 19: Examples of critique against the CEDAW Convention Women should not be compared with men even men are sometimes poor and discriminated against! No prohibition on violence against women No prohibition on female genital mutilation No right to abortion Many groups of women are invisible in the convention One cannot talk about women as a group at all There are discrimination and hierarchies among men, too, so there is a risk that women will only have the same rights as the men on the lowest rank in society if a gender-neutral language is used, as it is in the CEDAW Convention The CEDAW Convention only covers discrimination but not violence against women, even though many women die every year due to domestic violence et cetera A prohibition on female genital mutilation is not spelled out in article 2.f in the CEDAW Convention, even though the article concerns discriminatory customs and practices. Female genital mutilation has no support in any religion s holy books, but it is still a widespread problem There is no established right to abortion in the CEDAW Convention. If women are denied a legal right to abortion, there will be many illegal and less safe abortions instead, which possibly will risk the lives of the women. Also, without a legal right to abortion some women will have to give birth to children that are consequences of rape There has also been a more general critique against women s rights as such. Some people argue that many different groups of women among them lesbians, transgender women, refugee women, paperless and/or stateless women, women with disabilities are invisible in the CEDAW Convention. Some people argue that these group shave special needs that have not been reflected in the convention; others argue that the language in the CEDAW Convention is heterosexist and excluding. Another group of critics argue that it is problematic to talk about women as a group at all. Rather, they say, we should focus on structures that are oppressive and that lead to different categories of people

15 PowerPoint 20: In 1993, the Division of Advancement of Women together with the Commission on the Status of Women develops a detailed and lengthy declaration against violence against women An optional protocol to the CEDAW Convention is adopted in Then the CEDAW Committee is given the mandate to receive individual complaints from women who have had their human rights violated. Individual women as well as groups of women and, in some cases, organisations are permitted to complain. The CEDAW Committee scrutinizes these complaints, publishes recommendations, and then decides on a compensation The Security Council adopts many resolutions about women, peace and security. Resolution 1325 establishes a right for women to participate in peace negotiations, among other things. Resolution 1820 emphasizes the need to fight sexual violence against women in situations of war or armed conflict. Resolution 1888 introduces a Special Representative on Sexual Violence in Conflict and resolution 1889 further emphasizes the need to put an end to sexual violence against women in situations of war or armed conflict. The ICC also recognises sexual violence as grave human righs violations and many perpetrators have had to stand trial for their crimes. A resolution called Human rights, sexual orientation and gender identity is adopted by the UN Human Rights Council in It is the first UN resolution about LGBTQ rights (Lesbian, Gay, Bisexual, Transgender and Queer). Discrimination and hate crimes against LGBTQ persons are condemned in the resolution

16 PowerPoint 21: Group discussions 4 groups 1 article from the CEDAW Convention per group 3 questions per article/group 15 minutes for discussion No cooperation between the groups! Cooperation within each group everyone has to speak in their own group! Then we gather again to discuss openly You should just briefly discuss the questions before we gather again If you have any questions, please ask me Group 1 Article 7; Non-discrimination in the political and public life Picture1: Voting men in Saudia Arabia Picture 2: Women parliamentarians in Rwanda Group 2 Article 14; Non-discrimination against rural women Picture: Nobel Peace Prize winner Mohammed Yunus from Bangladesh Group 3 Article 15; Equality before the law Picture: Farmers in Kenya Group 4 Article 16; Equality within the marriage and in the family life Picture: A young mother at a health clinic in Equatorial Guinea

17 PowerPoint 22: Group 1 Article 7 Non-discrimination in the political and public life Women have a right to vote in elections and popular votes Women should be eligible for election to all publicly elected bodies Women should be able to participate in the formation and implementation of national politics Women should be able to hold public office and to have responsibilites for political tasks Women should be able to join non-governmental organisations within the political and public life PowerPoint 23: Questions for group 1 In 2011, 56 % of the parliamentarians in Rwanda were women. It is the highest number of women parliamentarians in the world. Does it matter if women are in the parliament of a country? Do they have the same power and influence as men? Women cannot vote in Saudi Arabia. Neither can they join the parliament. What consequences can this bring? PowerPoint 24: Group 2 Article 14 Non-discrimination against rural women They have a right to development They have a right to health care They have a right to benefit from social security programmes (e.g. superannuation benefits) They have a right to education They have a right to organize co-operatives and self-help groups They have a right to take loans, and they have a right to marketing facilities, technology and land They have a right to housing, water, electricity, and access to transportation and communication (e.g. telephony)

18 PowerPoint 25: Questions for group 2 The mortality among pregnant women is highest in rural Afghanistan. In 2006, one woman died during pregnancy or childbirth every 30th minute. Why do so many women die in Afghanistan? What changes are needed in the Afghan society? The Nobel Peace Prize awarded banks in Bangladesh The banks let poor women take minor loans so they could raise their own businesses. In many countries, rural women work without any payment. Can micro-loans help the development of rural women? PowerPoint 26: Group 3 article 15 Equality before the law prohibition on discrimination in court Women have a right to conclude contracts Women have a right to property and they should be able to decide over their own property Private contracts discriminating women s legal capacity shall be deemed null and void Women should be able to travel Women have a freedom to choose their residence and domicile PowerPoint 27: Questions for group 3 In Egypt, a woman s testimony is worth half of a man s testimony. One male witness is equal to two female witnesses. Why do you think there is a rule such as this in Egypt? Is this discriminatory against women? Many women are farmers in Kenya. But it is usually the men who own the tools, vehicles and other things used in the farmer work, as well as the cattle. How do this affect women? PowerPoint 28: Group 4 article 16 Equality within the marriage and in the family life Marriage should be built on consent Equal rights during the marriage and after its dissolution Equal rights and duties as parents though the best interest of the child should guide the parenthood

19 Women should be able to decide on the number and spacing of their children. Women should have access to information about pregnancies and contraceptives Equal rights to custody of children. Equal rights to adopt children Women have a right to choose a family name, a profession and an occupation PowerPoint 29: Questions for group 4 12-year-old girls can enter a customary marriage in Equatorial Guinea. What legal minimum age for marriage should there be (when taking into account the maturity and consent criteria)? What happens when children marry or are forced to marry? Every 5th girl aged in the DR Congo is pregnant. An average woman in the DR Congo gives birth to more than 6 children during life time. What risks can there be when young women have multifold pregnancies with only short intervals between?