CEDAW, CRC, UN on women's rights, children's rights linkage between CEDAW and CRC

1. Rights of women and children
under International Documents
Dr. Neepa U. Vyas
Assistant Professor,
Government Law College,
Ahmedabad

2. Topics covered
Indivisibility of Rights
Need to protect rights of Women and
Children
UN Convention on Elimination of all forms
of discrimination against women, 1979 and
its Protocol
UN Convention on the rights of the child,
1989 and its Protocol

3. Indivisibility of Rights
• Universal Declaration on Human Rights, 48
(UDHR)
• Convention on Civil and Political Rights
(CCP)
• Convention of Economic, Social and
Cultural Rights (EcoSoC)
• Convention on Elimination of all forms of
Discrimination Against Women (CEDAW)
• Convention on the Rights of the Child (CRC)

6. Discrimination against Women
• Any distinction, exclusion or restriction made
on the basis of sex which has the effect or
purpose of impairing or nullifying the
recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of
equality of men and women, of human rights
and fundamental freedoms in the political,
economic, social, cultural, civil or any other
field

10. Indirect
Discrimination
De Jure
De
Facto

11. State Obligation
 To RESPECT
To PROTECT
To PROMOTE
To FULFILL

12. Protect
Establishment of Mechanisms for redressal
By regulating Institutions/individuals
Prohibit discrimination
Imposing sanctions

13. Fulfill
• Awareness
• Securing women’s participation

14. • Education : (Art. 10)
“Women shall be provided same conditions
for careers, guidance, access to studies,
school premises, teaching staff,
examinations.. ”
CEDAW

15. • Employment (Art. 11)
“States Parties shall take all appropriate
measures to eliminate discrimination
against woman in the field of
employment… right to work, choice of
profession, equal remuneration, benefits,
retirement, promotions, leaves, health
safety..”
CEDAW

16. CEDAW
• Health care : Art. 12
“The States Parties… in the field of health care,
access to health care services, family planning”

17. CEDAW
• Economic and Social Life Art. 13 :
1. Right to family benefit
2. Right to bank loans, financial credit,
3. Participation in sports, cultural life,
recreational activities

18. Women in Rural Areas Art. 14
• To ensure participation in development
planning
• To obtain all types training and
education
• Opportunities of self employments
CEDAW

19. • Equality before law Art. . 15:
“State Parties shall accord to women
equality with men before the law”
CEDAW

20. CEDAW
• Marriage and family relations : Art. 16
• Same right to marry, dissolution, marital
responsibility
• same right and responsibility relating to
children including number and spacing of
children, guardianship, adoption
• Right to choose family name,

21. • Accelerate De Facto Equality
• Promote women’s rights
• Impose sanctions
• Provide redress
• Identify
• Prohibit
• Prevent
Discrimination

22. Structure of implementation
• Committee on the Elimination of
Discrimination Against Women
• Reporting to the committee

23. India and CEDAW
• Air India v/s Nargesh Meerza AIR 1981
SC 1829
• Pratibha Rani v/s Maharashtra AIR 1985
SC 628
• Madhu Kishwar v/s State of Bihar AIR
1996 SC 2178
• Apparel Export Promotion Council v/s A.K.
Chopra AIR 1999 SC 625

24. CEDAW’s Protocol
• Individual complaint system
• Adopted Procedure
• State’s obligation

25. • Right to name (7)
Convention on the Rights of the
Child, 1989

26. Convention on the Rights of the
Child, 1989
• Right to life (6)
• To have name and nationality (7)
• Freedom of expression, thought, conscience
and religion (13, 14)
• Right to education (28)
• To a standard of living adequate for the
child’s physical, mental spiritual and social
development (27)

27. Rights of the Child
• Right to attain standard of health and to
have treatment against illness and to
rehabilitate health (24)
• Right to family, home (16)

28. Optional Protocols
• Optional protocol on the Involvement of
children in armed conflict
• Optional protocol on the sale of children,
child prostitution and child pornography

29. How CRC and CEDAW are
linked?
Country Changes took place
Maldives and Fiji gave married women the right to pass nationality to
their children
India and Sri Lanka removed the gender inequalities in this regard in
Citizenship laws
Republic of South Africa provides for the rights of the child and stipulates the
need for parental care
India the Supreme Court interpreted the right to
compulsory education up to the age of 14 as an
element of the right to life.
Nicaraguan Code of 2003 “mothers and fathers have the duty to raise child
China prohibits discrimination and ill-treatment against
women

30. Thank you
Contact Details :
neepavyas@gmail.com
9824547158