2. Convention Elimination
Discrimnation Against Women
Adopted by the United Nations general assembly on
the 18 September 1979
Entered into force on 3 September 1981.
To date CEDAW has more than 185 states parties
CEDAW is one of the most widely accepted human
rights treaties.
3. Article 2 represents the core of the convention.
According to this Article , State parties condemn
discrimination against women in all its forms and
agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against
women.
4. Basic Obligations
• To embody the principle of the equality of men and women
in their national constitution or other appropriate
legislation if not yet incorporated therein and to ensure,
through law and other appropriate means, the [practical
realization of this principle.
• To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all
discrimination against women
• To establish legal protection of the rights of women on an
equal basis with men to ensure through competent
national tribunals and other public institutions the
effective protection of women against any act of
discrmination.
5. To take all appropriate measures, including legislation,
to modify or abolish existing laws, regulations,
customs and practices whici constitute disrmination
against women.
6. Article 5 (one of the sensitive)
“modify the social and cultural patterns of conduct of
men and women, with a view to achieving the
elimination of prejudicies and customary and all other
practices which are based on the idea of the inferiority
or the superiority of either of the sexes or on
stereotyped roles for men and women.”
7. Article 11 – Women in
Employmet
Obligating government to take measures to elimante
all forms of discrimination against women.
This article guarantees women the same opportunities,
employment rights, choices and benefits as men.
8. Progress
More women entering the higher-paying occupations
during the 7th Malaysian Plan (1996-2000)
Women in Professional and tehcnical categories
increased
The Employees Provident Fund 1991, provides equal
employment benefits with men.
One of the issue is the Code of Practice on the
Prevention and Handling of Sexual Harrasment in the
Workplace is only a code and not a law. And therefore
it is not binding the employers.
9. Article 12: Equality in Access to
Health Care
Unequal status of women hampers their unequal
access to adequate helath care
PROGRESS:
IN 1998, the Government and other agencies,
established one-stop centres at all major hospitals for
proper and coordinated management of rape and
other forms of violence against women and children.
CHALLENGES: the data on many health issues is
inadequate or unavailable and not diasggregated by
gender
10. Article 13: Social and Economic
benefits
Obligates State to eliminate economic discrimination
against women and to ensure that women have equal
rights to participate in recreational and cultural life.
PROGRESS: Under the Income Tax Act 1967, wife can
choose to have her income assessed seperately from
her husbands.
Benefits provide by the Government such as public
housing, schemes for low income group, social
benefits for disabled persons, pensions scheme ..all
these are not discriminatiry policy based on gender.
11. Article 15: Equality before the
Laws and Civil Matters
Obligates the State to guanratee then equality with
men before the law.
PROGRESS: Contract Act 1950 women can enter into
any type of contract in commercial or non-commercial
activities
The Hire Purchase Act 1967 is nuetral. The difinitaions of ‘power’ and
hirer make no distinction on the basis of gender. It provides protection
and redress to hirers regardless of the sex of the hirer or the owner.
12. The Married Women Act 1957, govern and guanrantee
the legal status, rights and obligations of married
women
The Malaysian Legal Aid Bureau under the PM’s
Department provides and facilitate legal aid to any
person who is a resident and present in Malaysia
regardless of gender
13. Article 16: Address Discrimination against women
in private sphere.
Islamic Family Law Enactment in all states in Malaysia
as well Law reform (Marriage and Divorce )Act 1976
confer equal rights for men and women.
Deals with marriage and divorce
State parties shall take all appropriate measures to
eliminate discrimination against women in all matters
relating to marriage and fmily relations and in
particular shall ensure, on a basis of equality of men
and women.
14. • A) The same right to enter into marriage
• B) The same right to freely to choose a spouse and to enter into
marriage only with their free and full consent.
• C) The same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children, in all cases the
interest of the children shall be paramount.
• D) The same rights to decide freely and responsibly on the number and
spacing of their children and to have access information, education and
means to enable them to exercise these rights.
• E) The same rights and responsibilities with regard to guardianship.
• F) The same personal rights as husband and wife, including the right to
chose a family name, a profession and an occupation.
• G) The same rights for both spouses in respect of the ownership,
acquisition, management,, administration, enjoyment and disposition
of property.
15. The betrothal and marriage of a child shall have no
legal effect, and all necessary action including
legislation shall be taken to specify minimum age of
marriage and to make registration of marriage in an
official registry compulsary.
16. The major function of the Committee in its provision
as overseer is to review the reports which must be
submitted by the state parties every 4 years.
The reports consist of legislative, judicial and
administrative measures
The committee will review the reports and make
suggestion and recommendations and then report to
the General assembly through the Economic and
Social Council.
17. Reservation - Malaysia
• A number of Islamic countries have made reservations
to CEDAW primarily on the ground that certain
provisions of CEDAW are contrary to shariah Law.
• Bangladesh, Egypt, Iraq, Jordan, Morocco, Tunisa and
Kuwait entered reservations to article 16.
• Malaysia – The government of Malaysia declares that
Malaysia’s accession is subject to the understanding
that the provisions of the Convention do not conflict
with the provisions of the Sharia law and the Federal
Const.
19. In relation to article 11, malaysia interpretes the
provisions of the article as a reference to the
prohibition of discrimination on the basis of equality
between men and women.
On february 1998, the Governmnet of Malaysia
notofied the Secretary General of a partial withdraw as
followas:
“The Governemnt of Malaysia withdraws its
reservation in respect of article 2(f), 9(1), 16(b), 16 (d),
16(e) and 16(h)’
