Slides for unit 2 enforcement

Women, Law & Development International Chart # 2- 1
Defining TermsDefining Terms
•State ResponsibilityState Responsibility
•Due ProcessDue Process
•Rule of LawRule of Law

Implementation vs.Implementation vs.
EnforcementEnforcement
IMPLEMENTATIONIMPLEMENTATION
Setting up and using the structures andSetting up and using the structures and
procedures needed to carry out the intent of theprocedures needed to carry out the intent of the
law.law.
ENFORCEMENTENFORCEMENT
Setting up and developing the structures andSetting up and developing the structures and
procedures needed to assure (require) complianceprocedures needed to assure (require) compliance
and to sanction (punish) violations.and to sanction (punish) violations.

The Dynamics of Human RightsThe Dynamics of Human Rights
GreaterGreater
recognitionrecognition
BetterBetter
enforcementenforcement
to recognize
to enforce ACTION

Elements of a Legal SystemElements of a Legal System
Constitutions,Constitutions,
LegislationLegislation
RegulationsRegulations


The Structure of theThe Structure of the
LawLaw
The Substance of theThe Substance of the
LawLaw
The Culture of theThe Culture of the
LawLaw
CourtsCourts
AdministrationAdministration
Law enforcementLaw enforcement
AgenciesAgencies
Shared attitudes andShared attitudes and
behaviors about the lawbehaviors about the law

HUMAN RIGHTSHUMAN RIGHTS
INSTRUMENTSINSTRUMENTS
What do they do?What do they do?
InstrumentsInstruments
define rightsdefine rights
define obligationsdefine obligations
INTERNATIONALINTERNATIONAL
NATIONAL INSTRUMENTSNATIONAL INSTRUMENTS
UDHRUDHR
ICCPR COVENANTICCPR COVENANT
ICESCR COVENANTICESCR COVENANT
CEDAWCEDAW
RACE CONVENTIONRACE CONVENTION
CONSTITUTIONSCONSTITUTIONS
LEGAL CODESLEGAL CODES

HUMAN RIGHTSHUMAN RIGHTS
MECHANISMSMECHANISMS
What do they do?What do they do?
Mechanisms comprise enforcementMechanisms comprise enforcement
Structures &Structures &
proceduresprocedures
INTERNATIONAL MechanismsINTERNATIONAL Mechanisms NATIONAL MechanismsNATIONAL Mechanisms
COMMITTEE ON HUMANCOMMITTEE ON HUMAN
RIGHTSRIGHTS
COMMITTEE ON THE STATUSCOMMITTEE ON THE STATUS
OF WOMENOF WOMEN
EUROPEAN COURT BUREAUEUROPEAN COURT BUREAU
ON HRON HR
OMBUDSMANOMBUDSMAN
PARLIAMENTARY COURTSPARLIAMENTARY COURTS
HUMAN RIGHTS COURTSHUMAN RIGHTS COURTS

Instruments & MechanismsInstruments & Mechanisms
HUMAN RIGHTS INSTRUMENTSHUMAN RIGHTS INSTRUMENTS
(Instruments(Instruments define rightsdefine rights))
UDHRUDHR
THE COVENANTSTHE COVENANTS
CEDAWCEDAW
RACE CONVENTIONRACE CONVENTION
CONSTITUTIONSCONSTITUTIONS
LEGAL CODESLEGAL CODES
HUMAN RIGHTS MECHANISMSHUMAN RIGHTS MECHANISMS
(Mechanisms(Mechanisms define procedures to enforce rights)define procedures to enforce rights)
COMMITTEE ON HUMANCOMMITTEE ON HUMAN
RIGHTSRIGHTS
EUROPEAN COURT BUREAUEUROPEAN COURT BUREAU
ON HRON HR
OMBUDSMANOMBUDSMAN
PARLIAMENTARY COURTPARLIAMENTARY COURT

Types of MechanismsTypes of Mechanisms
 ““Charter based”Charter based”
 Commission on Human RightsCommission on Human Rights
 Commission on the status of womenCommission on the status of women
 ““Treaty based”Treaty based”
 Committee on ICESCRCommittee on ICESCR
 Committee on CEDAWCommittee on CEDAW
 Specialized AgenciesSpecialized Agencies
 UNHCRUNHCR
 ILOILO
 WHOWHO

Charter-Based MechanismsCharter-Based Mechanisms
Some MechanismsSome Mechanisms What They MonitorWhat They Monitor
Economic and Social CouncilEconomic and Social Council
(ECOSOC)(ECOSOC)
Human rights questions generally;Human rights questions generally;
Activities of the Commission on Human Rights;Activities of the Commission on Human Rights;
Sub-Commission on Minorities;Sub-Commission on Minorities;
Commission on the Status of Women (CSW);Commission on the Status of Women (CSW);
Treaty-monitoring bodies.Treaty-monitoring bodies.
Human Rights CommitteeHuman Rights Committee Human rights questions generally;Human rights questions generally;
Activities of the Commission on Human Rights;Activities of the Commission on Human Rights;
Sub-Commission on Minorities;Sub-Commission on Minorities;
Commission on the Status of Women (CSW);Commission on the Status of Women (CSW);
Treaty-monitoring bodies.Treaty-monitoring bodies.
Commission on HumanCommission on Human
RightsRights
1503 Procedure1503 Procedure
Working groupsWorking groups
Special RapporteursSpecial Rapporteurs
Sub-Commission onSub-Commission on
MinoritiesMinorities
Human rights questions generally;Human rights questions generally;
Specific human rights issues:Specific human rights issues:
- Gross and systematic violations;- Gross and systematic violations;
- Thematic and geographic issues;- Thematic and geographic issues;
- Human rights of minorities;- Human rights of minorities;
- Human rights of women;- Human rights of women;

Treaty-Based MechanismsTreaty-Based Mechanisms
Some MechanismsSome Mechanisms What They MonitorWhat They Monitor
Committee on the Elimination of allCommittee on the Elimination of all
Forms of Discrimination AgainstForms of Discrimination Against
WomenWomen
Convention on the Elimination of all FormsConvention on the Elimination of all Forms
of Discrimination Against Womenof Discrimination Against Women
Committee on Economic, social andCommittee on Economic, social and
Cultural RightsCultural Rights
International Covenant on Economic, SocialInternational Covenant on Economic, Social
and Cultural Rightsand Cultural Rights
Committee on Economic, Social andCommittee on Economic, Social and
Cultural RightsCultural Rights
International Covenant on Economic, SocialInternational Covenant on Economic, Social
and Cultural Rights (ICESCR)and Cultural Rights (ICESCR)

Mechanisms of UN AgenciesMechanisms of UN Agencies
Some AgenciesSome Agencies What TheyWhat They
MonitorMonitor
UN High Commissioner forUN High Commissioner for
Refugees (UNHCR)Refugees (UNHCR)
Rights of RefugeesRights of Refugees
International LabourInternational Labour
OrganisationOrganisation
Labour RightsLabour Rights
UN Educational, Scientific andUN Educational, Scientific and
Cultural OrganisationCultural Organisation
Cultural and educationalCultural and educational
rightsrights
UN World Health OrganisationUN World Health Organisation Health RightsHealth Rights

Types of ProceduresTypes of Procedures
MONITORING AND REPORTING PROCEDURESMONITORING AND REPORTING PROCEDURES
““Reports” or “audits” of government behavior, resulting in non-bingingReports” or “audits” of government behavior, resulting in non-binging
recommendationsrecommendations
COMPLAINT PROCEDURESCOMPLAINT PROCEDURES
• Complaint – recourseComplaint – recourse
Goal: redress specific grievancesGoal: redress specific grievances
• Complaint – informationComplaint – information
Goal: to identify broad human rights violations affecting a largeGoal: to identify broad human rights violations affecting a large
populationpopulation

How a Complaint ProcedureHow a Complaint Procedure
WorksWorks
 SubmissionSubmission
 Investigation/factInvestigation/fact findingfinding
 CommunicationCommunication
 NegotiationNegotiation
 DeterminationDetermination
 JudgmentJudgment

How a Monitoring/How a Monitoring/
Reporting Procedure WorksReporting Procedure Works
Fact findingFact finding
 Submission of report bySubmission of report by
governmentgovernment
Monitoring body orMonitoring body or
NGONGO
ReviewReview
RecommendationsRecommendations

The Human Rights CommitteeThe Human Rights Committee
WHAT IT COVERSWHAT IT COVERS ICCPRICCPR
OF INTEREST TOOF INTEREST TO
WOMENWOMEN
Prohibits sex discrimination, which it interprets broadly.Prohibits sex discrimination, which it interprets broadly.
TYPE OF PROCEDURETYPE OF PROCEDURE Reporting and Monitoring;Reporting and Monitoring;
Interstate communication;Interstate communication;
Individual complaints.Individual complaints.
AVAILABILITYAVAILABILITY States must have ratified the ICCPR and its Optional Protocol.States must have ratified the ICCPR and its Optional Protocol.
ACCESSACCESS Individuals must be directly affected and present in the state’s territoryIndividuals must be directly affected and present in the state’s territory
when the violation occurred.when the violation occurred.
ROLE OF ADVOCATESROLE OF ADVOCATES NGOs sometimes invited to comment on reports.NGOs sometimes invited to comment on reports.
Advocates can influence writing of state reports and comment onAdvocates can influence writing of state reports and comment on
Committee recommendations.Committee recommendations.
REMEDIESREMEDIES Makes non-binding recommendations (gives violating states 180 days toMakes non-binding recommendations (gives violating states 180 days to
respond);respond);
Can appoint Special Rapporteur for follow up.Can appoint Special Rapporteur for follow up.
ADVANTAGESADVANTAGES Availability of individual complaint procedures;Availability of individual complaint procedures;
Many reports and decisions made public;Many reports and decisions made public;
Engages states in human rights issues;Engages states in human rights issues;
Members of the Committee often rely on NGOs in their review of reports.Members of the Committee often rely on NGOs in their review of reports.
DISADVANTAGESDISADVANTAGES Long and difficult process;Long and difficult process;
Refused complaints reinforce status quo.Refused complaints reinforce status quo.

Special Rapporteurs & Working GroupsSpecial Rapporteurs & Working Groups
WORKING GROUPSWORKING GROUPS
DisappearancesDisappearances
Arbitrary DetentionArbitrary Detention
Situation of Gross Violations Right toSituation of Gross Violations Right to
DevelopmentDevelopment
Drafting a Declaration on Human RightsDrafting a Declaration on Human Rights
DefendersDefenders
Drafting an optional protocol to the TortureDrafting an optional protocol to the Torture
ConventionConvention
Drafting a declaration on the rights of indigenousDrafting a declaration on the rights of indigenous
peoplespeoples
Drafting an optional protocol to the Children'sDrafting an optional protocol to the Children's
Convention on children in armed conflictConvention on children in armed conflict
Drafting guidelines for an optional protocol to theDrafting guidelines for an optional protocol to the
Children’s Convention on sale of children, childChildren’s Convention on sale of children, child
prostitution and child pornographyprostitution and child pornography
The United Nations and Human RightsThe United Nations and Human Rights
SPECIAL RAPPORTEURS: THEMATICSPECIAL RAPPORTEURS: THEMATIC
Summary or arbitrary executionSummary or arbitrary execution
TortureTorture
Religious intoleranceReligious intolerance
MercenariesMercenaries
Sale of children, child prostitution andSale of children, child prostitution and
child pornographychild pornography
Freedom of expressionFreedom of expression
Violence against womenViolence against women
Racism, racial discrimination and xenophobiaRacism, racial discrimination and xenophobia
Internally displaced personsInternally displaced persons
Independence of the judiciaryIndependence of the judiciary
Effect of illicit movement and dumping of toxic andEffect of illicit movement and dumping of toxic and
dangerous products on the enjoyment of human rightsdangerous products on the enjoyment of human rights
SPECIAL RAPPORTEURS: COUNTRYSPECIAL RAPPORTEURS: COUNTRY
AfghanistanAfghanistan
Burundi, Somalia, SudanBurundi, Somalia, Sudan
Guatemala, CubaGuatemala, Cuba
Iran, IraqIran, Iraq
Occupied Territories (Palestine)Occupied Territories (Palestine)
MyanmarMyanmar

Committee on the Elimination ofCommittee on the Elimination of
Discrimination Against WomenDiscrimination Against Women
WHAT IT COVERSWHAT IT COVERS CEDAWCEDAW
OF INTEREST TO WOMENOF INTEREST TO WOMEN Addresses “all forms of discrimination,” not just “sex discrimination.”Addresses “all forms of discrimination,” not just “sex discrimination.”
TYPE OF PROCEDURETYPE OF PROCEDURE Reporting and monitoring;Reporting and monitoring;
Individual complaints as of 1999)Individual complaints as of 1999)
AVAILABILITY FORAVAILABILITY FOR
INDIVIDUALSINDIVIDUALS
States must have ratified CEDAW and its Optional Protocol.*States must have ratified CEDAW and its Optional Protocol.*
ACCESS FOR INDIVIDUALSACCESS FOR INDIVIDUALS Available to accredited NGOs and others;Available to accredited NGOs and others;
New Optional Protocol permits individual complaints.”New Optional Protocol permits individual complaints.”
ROLE OF ADVOCATESROLE OF ADVOCATES Can submit “shadow reports”Can submit “shadow reports”
**
REMEDIESREMEDIES **
ADVANTAGESADVANTAGES Broad definition of discrimination;Broad definition of discrimination;
Shadow reports have improved its effectiveness;Shadow reports have improved its effectiveness;
Increases state accountability;Increases state accountability;
New Optional Protocol gives individuals access.*New Optional Protocol gives individuals access.*
DIS-ADVANTAGESDIS-ADVANTAGES Weak enforcement;Weak enforcement;
Many reservations weakens usefulness.Many reservations weakens usefulness.

1503 Procedure1503 Procedure
WHAT IT COVERSWHAT IT COVERS Situations that appear to reveal a “widespread pattern of gross humanSituations that appear to reveal a “widespread pattern of gross human
rights abuses.”rights abuses.”
TYPE OFTYPE OF
PROCEDUREPROCEDURE
Complaint-informationComplaint-information
Any person or group complaining of “gross violations”;Any person or group complaining of “gross violations”;
Does not need to be the victim;Does not need to be the victim;
Complaint can be made against non-UN states.Complaint can be made against non-UN states.
ACCESS TO THEACCESS TO THE
PROCEDUREPROCEDURE
Addressed to the UN Secretary General;Addressed to the UN Secretary General;
Should show national remedies exhausted or futile.Should show national remedies exhausted or futile.
ROLE OF ADVOCATESROLE OF ADVOCATES Initiating complaints;Initiating complaints;
Offering supplementary information.Offering supplementary information.
REMEDIESREMEDIES None for individuals;None for individuals;
Can lead to a decision that gross human rights violations have occurredCan lead to a decision that gross human rights violations have occurred
and should be remedied.and should be remedied.
ADVANTAGESADVANTAGES Any state can be subject of complaint.Any state can be subject of complaint.
DIS-ADVANTAGESDIS-ADVANTAGES Secrecy of procedure limits advocacy;Secrecy of procedure limits advocacy;
Slow and difficult.Slow and difficult.

International Labour OrganisationInternational Labour Organisation
WHAT IT COVERSWHAT IT COVERS International labour standardsInternational labour standards
WOMENWOMEN
Can be helpful in protecting women workers and the rights to equal pay.Can be helpful in protecting women workers and the rights to equal pay.
TYPE OFTYPE OF
PROCEDUREPROCEDURE
““Representations”;Representations”;
““Complaints”;Complaints”;
Others seldom used for women.Others seldom used for women.
AVAILABILITY OFAVAILABILITY OF
PROCEDUREPROCEDURE
Representations: “industrial association of employers or workers”;Representations: “industrial association of employers or workers”;
Complaints: Governments, unions, employees’ association, ILOComplaints: Governments, unions, employees’ association, ILO
delegates.delegates.
PROCEDUREPROCEDURE
Must concern an ILO member state and complain of a violation of an ILOMust concern an ILO member state and complain of a violation of an ILO
convention it has accepted.convention it has accepted.
ROLE OF ADVOCATESROLE OF ADVOCATES Commission of Inquiry can ask for information from NGOs;Commission of Inquiry can ask for information from NGOs;
NGOs can collaborate with unions and employee associations.NGOs can collaborate with unions and employee associations.
REMEDIESREMEDIES Representations: decisions become a published finding;Representations: decisions become a published finding;
Complaint: decision on compliance and recommendations.Complaint: decision on compliance and recommendations.
ADVANTAGESADVANTAGES Comprehensive mechanisms;Comprehensive mechanisms;
Governments usually cooperate.Governments usually cooperate.
DISADVANTAGESDISADVANTAGES No NGO access to procedures;No NGO access to procedures;
No compensation for individuals;No compensation for individuals;
Lack strong enforcement mechanisms.Lack strong enforcement mechanisms.

Commission on the Status ofCommission on the Status of
WomenWomen
WHAT IT COVERSWHAT IT COVERS All women’s rightsAll women’s rights
WOMENWOMEN
Prepares studies, reports and recommendations on issues affectingPrepares studies, reports and recommendations on issues affecting
women.women.
TYPE OFTYPE OF
PROCEDUREPROCEDURE
Complaint-informationComplaint-information
PROCEDUREPROCEDURE
Individuals and groups may submit communications.Individuals and groups may submit communications.
ROLE OF ADVOCATESROLE OF ADVOCATES Advocates may submit a communication but have little role in theAdvocates may submit a communication but have little role in the
procedure.procedure.
REMEDIESREMEDIES No clear remedies for individuals;No clear remedies for individuals;
Committee may make recommendations but has little power to enforce.Committee may make recommendations but has little power to enforce.
ADVANTAGESADVANTAGES Potential advantage in formal response to communication procedures.Potential advantage in formal response to communication procedures.
DISADVANTAGESDISADVANTAGES Limited power and resources;Limited power and resources;
No relief for victims of violations.No relief for victims of violations.

Office of the UN HighOffice of the UN High
Commissioner for RefugeesCommissioner for Refugees
WHAT IT COVERSWHAT IT COVERS Protection of refugeesProtection of refugees
WOMENWOMEN
Has gender-specific guidelines.Has gender-specific guidelines.
TYPE OF PROCEDURETYPE OF PROCEDURE Complaint-Information.Complaint-Information.
PROCEDUREPROCEDURE
Only refugee women in UNHCR camps.Only refugee women in UNHCR camps.
PROCEDUREPROCEDURE
Any female refugee under jurisdiction of UNHCR.Any female refugee under jurisdiction of UNHCR.
ROLE OF ADVOCATESROLE OF ADVOCATES Can participate in legal literacy programs in camps;Can participate in legal literacy programs in camps;
Can assist refugee women in making complaints;Can assist refugee women in making complaints;
Can lobby UNHCR to take action on complaints.Can lobby UNHCR to take action on complaints.
REMEDIESREMEDIES Not yet specifiedNot yet specified
ADVANTAGESADVANTAGES UNHCR is accessible to advocates.UNHCR is accessible to advocates.
DISADVANTAGESDISADVANTAGES Unavailable to refugee women outside camps;Unavailable to refugee women outside camps;
Vague guidelines;Vague guidelines;
Reporting but no protection offered for gender-based violence.Reporting but no protection offered for gender-based violence.

Evaluating Mechanisms andEvaluating Mechanisms and
Procedures: Consideration #1Procedures: Consideration #1
 Type of procedure?Type of procedure?
 ComplaintComplaint
 Reporting/MonitoringReporting/Monitoring
 MixedMixed

 To whom is it available?To whom is it available?
 Is it a treaty to which the victim’sIs it a treaty to which the victim’s
state must be a party?state must be a party?
 Is it available to everyone?Is it available to everyone?

 Admissibility requirements?Admissibility requirements?
 Does the case satisfy the admissibilityDoes the case satisfy the admissibility
requirements?requirements?
 Have domestic remedies been exhausted?Have domestic remedies been exhausted?
 Can it be shown that domestic remediesCan it be shown that domestic remedies
are inadequate or inexistent?are inadequate or inexistent?
 Does the mechanism require that only oneDoes the mechanism require that only one
system address the matter?system address the matter?

 How does the process work?How does the process work?
 What are the elements of the specificWhat are the elements of the specific
process (e.g., Investigation/fact finding,process (e.g., Investigation/fact finding,
Expert review of case, Report writing,Expert review of case, Report writing,
determination, recommendation, judgment,determination, recommendation, judgment,
etc.etc.
 How long does it take?How long does it take?

 Role of NGO’s?Role of NGO’s?
 Is there openness to NGO input?Is there openness to NGO input?
 Are there closed hearings which excludeAre there closed hearings which exclude
NGO input?NGO input?
 Are there particular points in the process atAre there particular points in the process at
which NGO’s may have input?which NGO’s may have input?

 Remedies offered?Remedies offered?
 Are there specific remedies for individuals?Are there specific remedies for individuals?
 Is the remedy only in the form ofIs the remedy only in the form of
mandating changes in government policy?mandating changes in government policy?
 Does the mechanism have authority to tellDoes the mechanism have authority to tell
the government what to do, or can theythe government what to do, or can they
only make recommendations.only make recommendations.
 Is the outcome made public?Is the outcome made public?

 Assessing Advantages & DisadvantagesAssessing Advantages & Disadvantages
 Taken as a whole, how useful will the mechanismTaken as a whole, how useful will the mechanism
be in relation to the issue?be in relation to the issue?
 Will the outcome benefit a single individual orWill the outcome benefit a single individual or
many women?many women?
 Relative speed of the decision?Relative speed of the decision?
 Scope of remedies available?Scope of remedies available?
 Responsiveness of the government?Responsiveness of the government?
 Sensitivity to issues of women?Sensitivity to issues of women?

Evaluating the The Human Rights CommitteeEvaluating the The Human Rights Committee
WHAT IT COVERSWHAT IT COVERS ICCPRICCPR
WOMENWOMEN
Prohibits sex discrimination, which it interprets broadly.Prohibits sex discrimination, which it interprets broadly.
TYPE OFTYPE OF
PROCEDUREPROCEDURE
Reporting and Monitoring;Reporting and Monitoring;
Interstate communication;Interstate communication;
Individual complaints.Individual complaints.
AVAILABILITYAVAILABILITY States must have ratified the ICCPR and its Optional Protocol.States must have ratified the ICCPR and its Optional Protocol.
ACCESSACCESS Individuals must be directly affected and present in the state’s territory whenIndividuals must be directly affected and present in the state’s territory when
the violation occurred.the violation occurred.
ROLE OF ADVOCATESROLE OF ADVOCATES NGOs sometimes invited to comment on reports.NGOs sometimes invited to comment on reports.
Advocates can influence writing of state reports and comment onAdvocates can influence writing of state reports and comment on
Committee recommendations.Committee recommendations.
REMEDIESREMEDIES Makes non-binding recommendations (gives violating states 180 days toMakes non-binding recommendations (gives violating states 180 days to
respond);respond);
Can appoint Special Rapporteur for follow up.Can appoint Special Rapporteur for follow up.
ADVANTAGESADVANTAGES Availability of individual complaint procedures;Availability of individual complaint procedures;
Many reports and decisions made public;Many reports and decisions made public;
Engages states in human rights issues;Engages states in human rights issues;
Members of the Committee often rely on NGOs in their review of reports.Members of the Committee often rely on NGOs in their review of reports.
DISADVANTAGESDISADVANTAGES Long and difficult process;Long and difficult process;
Refused complaints reinforce status quo.Refused complaints reinforce status quo.

Evaluating Special Rapporteurs & Working GroupsEvaluating Special Rapporteurs & Working Groups
WORKING GROUPSWORKING GROUPS
DisappearancesDisappearances
Arbitrary DetentionArbitrary Detention
Situation of Gross Violations Right toSituation of Gross Violations Right to
DevelopmentDevelopment
Drafting a Declaration on Human RightsDrafting a Declaration on Human Rights
DefendersDefenders
Drafting an optional protocol to the TortureDrafting an optional protocol to the Torture
ConventionConvention
Drafting a declaration on the rights of indigenousDrafting a declaration on the rights of indigenous
peoplespeoples
Drafting an optional protocol to the Children'sDrafting an optional protocol to the Children's
Convention on children in armed conflictConvention on children in armed conflict
Drafting guidelines for an optional protocol to theDrafting guidelines for an optional protocol to the
Children’s Convention on sale of children, childChildren’s Convention on sale of children, child
prostitution and child pornographyprostitution and child pornography
The United Nations and Human RightsThe United Nations and Human Rights
SPECIAL RAPPORTEURS: THEMATICSPECIAL RAPPORTEURS: THEMATIC
Summary or arbitrary executionSummary or arbitrary execution
TortureTorture
Religious intoleranceReligious intolerance
MercenariesMercenaries
Sale of children, child prostitution andSale of children, child prostitution and
child pornographychild pornography
Freedom of expressionFreedom of expression
Violence against womenViolence against women
Racism, racial discrimination and xenophobiaRacism, racial discrimination and xenophobia
Internally displaced personsInternally displaced persons
Independence of the judiciaryIndependence of the judiciary
Effect of illicit movement and dumping of toxic andEffect of illicit movement and dumping of toxic and
dangerous products on the enjoyment of human rightsdangerous products on the enjoyment of human rights
SPECIAL RAPPORTEURS: COUNTRYSPECIAL RAPPORTEURS: COUNTRY
AfghanistanAfghanistan
Burundi, Somalia, SudanBurundi, Somalia, Sudan
Guatemala, CubaGuatemala, Cuba
Iran, IraqIran, Iraq
Occupied Territories (Palestine)Occupied Territories (Palestine)
MyanmarMyanmar

Evaluating the Committee on the Elimination ofEvaluating the Committee on the Elimination of
Discrimination Against WomenDiscrimination Against Women
WHAT IT COVERSWHAT IT COVERS CEDAWCEDAW
OF INTEREST TO WOMENOF INTEREST TO WOMEN Addresses “all forms of discrimination,” not just “sex discrimination.”Addresses “all forms of discrimination,” not just “sex discrimination.”
TYPE OF PROCEDURETYPE OF PROCEDURE Reporting and monitoring;Reporting and monitoring;
Individual complaintsIndividual complaints
States must have ratified CEDAW and its Optional Protocol.*States must have ratified CEDAW and its Optional Protocol.*
ACCESS FOR INDIVIDUALSACCESS FOR INDIVIDUALS Available to accredited NGOs and others;Available to accredited NGOs and others;
Optional Protocol permits individual complaintsOptional Protocol permits individual complaints
ROLE OF ADVOCATESROLE OF ADVOCATES Can submit “shadow reports”Can submit “shadow reports”
**
REMEDIESREMEDIES **
ADVANTAGESADVANTAGES Broad definition of discrimination;Broad definition of discrimination;
Shadow reports have improved its effectiveness;Shadow reports have improved its effectiveness;
Increases state accountability;Increases state accountability;
New Optional Protocol gives individuals access.*New Optional Protocol gives individuals access.*
DIS-ADVANTAGESDIS-ADVANTAGES Weak enforcement;Weak enforcement;
Many reservations weakens usefulness.Many reservations weakens usefulness.

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