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Committee: Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
Shehreen Ataur Khan , Mahamuda Sultana, Farishta
Afzaly
AUWNMUN 2015
Study Guide
Committee: Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
Shehreen Ataur Khan , Mahamuda Sultana, Farishta
1
Committee: Convention on the Elimination of All Forms of
Shehreen Ataur Khan , Mahamuda Sultana, Farishta
2
Notes from the Chair
Hello Delegates!!!
It’s an honor to welcome you as the Chair of the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW)
at Asian University for Women National MUN- 2015.
This is Shehreen Ataur Khan. I have completed my Masters in English
Literature from the University of Dhaka. I attended the Asia- Pacific
Model United Nations-2012 in Thailand and was selected for the
third International Model OIC Conference, held in Malaysia, 2013.
I hope that, all the delegates will learn a lot through an excellent
atmosphere of simulation. Do the researches intensely, make
wonderful networks among you and last but not the least, have
loads of fun.
Come, do learn and have fun on the floors of AUWMUN! I hope you
will enjoy each and every bit of your journey to AUWNMUN-2015.
Shehreen Ataur Khan
Chair
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
3
Notes from the Vice-Chair
Good Day delegates,
I am pleased to invite you to the committee, Convention to
Eliminate All Forms of Discrimination Against Women (CEDAW) at
AUWMUN 2015. It shall be my honor and privilege to be your
Executive Board for the duration of the simulation.
Please note that the study guide is not exhaustive and merely
provides an overview of the Agenda. The study guide is meant give
Delegates a basic idea of the scope and mandate of the discussion.
You are requested to do ample research before the conference.
The Rules of Procedure (ROP) to be followed shall be UN-USA. The
ROP shall be explained on the first day for the benefit of the first
timer Delegates.
Hoping to see you all there!
Mahamuda Sultana
Vice-Chair
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
4
Notes from the Rapporteur
Hello Energetic Delegates,
I am Farishta Afzaly, first year undergraduate student at Asian
University for Women (AUW) and I feel privileged for being
Rapporteur of CEDAW.
I am really excited for this upcoming conference and I hope you are
too. I believe, AUWNMUN will unlock the door of opportunities for
you to explore the world of interaction and diplomacy. So here I am,
to work for a promising conference, which is not only a platform for
deliberation, but networking, leadership, commitment and
sustainable development.
Try to have a lot of fun and get best out of this conference, because
time goes but the memories are always there to make you happy. I
cannot wait to see you all!
Best Wishes,
Farishta Afzaly
Rapporteur
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
5
Position Paper Guidelines
A Position Paper is a brief summary of a country's policy and interests concerning the topics on
the Agenda. It should contain a clear statement of the country‘s position on the topic and clear
reasoning, also suggesting a plan of action concerning the issues under consideration.
Each committee topic should be addressed in a succinct policy statement representing the
relevant views of your assigned country. The Position Paper should be a product of the
delegate‘s own research and should be concise and substantial.
In the first part of your Position Paper you should briefly address the issues on the Agenda, the
relevancy and the scope of the problem. You should mention the major players, the current
developments concerning the issues under discussion, the action CEDAW/UN has taken in this
respect, whether by specialized agencies, regional bodies or non-governmental organizations, the
most significant resolutions that have been passed, international treaties and provisions for future
action.
In the second part you should specify the official position of the country you represent in respect
to the issues under consideration. It should include brief statements about where your country
stands on the issue in question, past statements on the topic by representatives of your
government, especially if these mention the significance of the issues on the Agenda to your
country, specific suggestions that your country will support in providing a solution for the issues
in question. You should also make reference to the role CEDAW has assumed to confront this
issue. You do not have to go into detail about your negotiating positions.
Finally, you should do research on the previous decisions taken on the related topics and come
up with adequate measures and ideas to make those steps stronger and compatible to the 21st
century’s agendas.
Some other points about your Position Papers:
• These papers should not exceed in length one-half page on each topic on the Agenda of the
CEDAW.
• Please pay careful attention to these guidelines when drafting and submitting your position
papers.
Only those who follow the guidelines and meet the submission deadline will be eligible for the
best position paper awards.
6
History:
The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of
independent experts that monitors implementation of the Convention on the Elimination of All
Forms of Discrimination against Women. CEDAW Committee consists of 23 experts on
women’s rights from around the world. CEDAW was adopted in 1979 by the UN General
Assembly, is often described as an international bill of rights for women. Consisting of a
preamble and 30 articles, it defines what constitutes discrimination against women and sets up an
agenda for national action to end such discrimination.
The Convention defines discrimination against women as "...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."
By accepting the Convention, States commit themselves to undertake a series of measures to end
discrimination against women in all forms, including:
 to incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women;
 to establish tribunals and other public institutions to ensure the effective protection of
women against discrimination; and
 to ensure elimination of all acts of discrimination against women by persons,
organizations or enterprises.
The Convention provides the basis for realizing equality between women and men through
ensuring women's equal access to, and equal opportunities in, political and public life --
including the right to vote and to stand for election -- as well as education, health and
employment. States parties agree to take all appropriate measures, including legislation and
temporary special measures, so that women can enjoy all their human rights and fundamental
freedoms.
The Convention is the only human rights treaty which affirms the reproductive rights of women
and targets culture and tradition as influential forces shaping gender roles and family relations. It
affirms women's rights to acquire, change or retain their nationality and the nationality of their
children. States parties also agree to take appropriate measures against all forms of traffic in
women and exploitation of women.
7
Countries that have ratified or acceded to the Convention are legally bound to put its provisions
into practice. They are also committed to submit national reports, at least every four years, on
measures they have taken to comply with their treaty obligations.
From January 1, 2008, responsibility for servicing the Committee on the Elimination of
Discrimination against Women has been transferred to the Office of the High Commissioner for
Human Rights in Geneva.
The Mandate:
The members of the Committee shall be elected by secret ballot from a list of persons nominated
by States Parties. Each State Party may nominate one person from among its own nationals.
The initial election shall be held six months after the date of the entry into force of the present
Convention. At least three months before the date of each election the Secretary-General of the
United Nations shall address a letter to the States Parties inviting them to submit their
nominations within two months. The Secretary-General shall prepare a list in alphabetical order
of all persons thus nominated, indicating the States Parties which have nominated them, and shall
submit it to the States Parties.
Elections of the members of the Committee shall be held at a meeting of States Parties convened
by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds
of the States Parties shall constitute a quorum, the persons elected to the Committee shall be
those nominees who obtain the largest number of votes and an absolute majority of the votes of
the representatives of States Parties present and voting.
The members of the Committee shall be elected for a term of four years. However, the terms of
nine of the members elected at the first election shall expire at the end of two years; immediately
after the first election the names of these nine members shall be chosen by lot by the Chairman
of the Committee.
The election of the five additional members of the Committee shall be held in accordance with
the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or
accession. The terms of two of the additional members elected on this occasion shall expire at
the end of two years, the names of these two members having been chosen by lot by the
Chairman of the Committee.
For the filling of casual vacancies, the State Party whose expert has ceased to function as a
member of the Committee shall appoint another expert from among its nationals, subject to the
approval of the Committee.
The members of the Committee shall, with the approval of the General Assembly, receive
emoluments from United Nations resources on such terms and conditions as the Assembly may
decide, having regard to the importance of the Committee's responsibilities.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under the present Conve
Rethinking education to empower girls
…“the right to education operates as a multiplier. It enhances all other human
rights when guaranteed and forecloses the enjoyment of most, if not all, when
denied”. - K. Tomaševski, Education Denied: Costs
The right to education is a multifaceted and demanding right, even more so for girls and women
who face a clear disadvantage in its full
of the most detailed human rights; a righ
adjudicated, which gives us the distinct advantage of building on solid ground. This advantage
may seem less evident when we talk about rights through education, perhaps the most
aspirational side of such a right.
The right to education is a multifaceted and demanding right, even more so for girls and women
who face a clear disadvantage in its full
of the most detailed human rights; a right that has alre
adjudicated, which gives us the distinct advantage of building on solid ground. This advantage
may seem less evident when we talk about rights through education, perhaps the most
aspirational side of such a right.
Denied the right to education because of their sex and economic and social status or because of
the persistence of patriarchal systems or
all these reasons, girls and women are led into domestic work, child
bearing, which in turn result in increased discrimination and inequality.
majority of whom are women - are barred from becoming candidates in elections; similarly,
General of the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under the present Conve
Rethinking education to empower girls:
“the right to education operates as a multiplier. It enhances all other human
rights when guaranteed and forecloses the enjoyment of most, if not all, when
K. Tomaševski, Education Denied: Costs and Remedies, , 2003
The right to education is a multifaceted and demanding right, even more so for girls and women
who face a clear disadvantage in its full realization. However, the right to education is also one
of the most detailed human rights; a right that has already been acutely interpreted and
adjudicated, which gives us the distinct advantage of building on solid ground. This advantage
may seem less evident when we talk about rights through education, perhaps the most
The right to education is a multifaceted and demanding right, even more so for girls and women
who face a clear disadvantage in its full realization. However, the right to education is also one
of the most detailed human rights; a right that has already been acutely interpreted and
adjudicated, which gives us the distinct advantage of building on solid ground. This advantage
may seem less evident when we talk about rights through education, perhaps the most
e right to education because of their sex and economic and social status or because of
the persistence of patriarchal systems or - even more dramatically - because of the intersection of
all these reasons, girls and women are led into domestic work, child marriage and early child
bearing, which in turn result in increased discrimination and inequality.
Without an education that is worthy of its
name, girls and women face major
difficulties in tackling diseases for
themselves and their children, gaining
ownership in sexual and reproductive
choices, and participating in decisions
about family life, with consequent
detriment to wider societal goals.
Violations of the right to education are also
detrimental for political representation. In
many countries, illiterate people
are barred from becoming candidates in elections; similarly,
8
General of the United Nations shall provide the necessary staff and facilities for
the effective performance of the functions of the Committee under the present Convention.
“the right to education operates as a multiplier. It enhances all other human
rights when guaranteed and forecloses the enjoyment of most, if not all, when
and Remedies, , 2003
The right to education is a multifaceted and demanding right, even more so for girls and women
. However, the right to education is also one
t that has already been acutely interpreted and
adjudicated, which gives us the distinct advantage of building on solid ground. This advantage
may seem less evident when we talk about rights through education, perhaps the most
The right to education is a multifaceted and demanding right, even more so for girls and women
. However, the right to education is also one
ady been acutely interpreted and
adjudicated, which gives us the distinct advantage of building on solid ground. This advantage
may seem less evident when we talk about rights through education, perhaps the most
e right to education because of their sex and economic and social status or because of
because of the intersection of
marriage and early child
Without an education that is worthy of its
name, girls and women face major
difficulties in tackling diseases for
themselves and their children, gaining
wnership in sexual and reproductive
choices, and participating in decisions
about family life, with consequent
detriment to wider societal goals.
Violations of the right to education are also
detrimental for political representation. In
literate people - the
are barred from becoming candidates in elections; similarly,
9
women’s limited educational attainment hampers their full appreciation and command of public,
social and political events, thus precluding to them meaningful participation in decisions that
affect their lives.
The denial of the right to education generates exclusion of women from employment and their
relegation into the informal sector. Everywhere women continue to perform unpaid care work
and occupy low paid positions, while pay gaps between men and women persist in all countries.
This in turn entails distortion of other rights as well as weaker bargaining power and more fragile
social security. The consequences of this state of affairs can more easily damage rather than
benefit personal, economic and social development. Violations and denials of girls and women’s
right to education are costing us dearly. But they are not without remedy.
Girls’ and women’s right to education is a central obligation of States parties under the
Convention on the Elimination of All Forms of Discrimination against Women (the CEDAW
Convention). This obligation is set out in articles 2 and 10 of the CEDAW Convention as well as
in other international human rights documents such as the Millennium Development Goals and
the Education for All (EFA) Dakar Framework for Action. In spite of the seeming global
consensus on the right of girls and women to education, and although globally, the illiterate
population is shrinking, illiteracy continues to be a feminized phenomenon, particularly in
certain regions of the world.
In 2009, there were 35 million girls of primary school age and 37 million lower secondary level
girls, who were out of school. As a result of these trends over time, of the reported 793 million
adults lacking basic literacy skills, 508 million (66%) are female.
Case Studies:
Slovenia:
Even though women and girls in Slovenia are relatively more successful in education and are in
general more educated than men, women often face challenges in overcoming of stereotypes
regarding the choice of education and professional career. Furthermore they face greater gender
based discrimination in finding employment and in nomination for leading or decision-making
positions. Equally important, when employed, gender pay gap is in some cases still existent,
although relatively low in Slovenia.
The ongoing project "Girls' Day" provides basic school girls in Slovenia with an insight into
typically male professions, encouraging them to enroll in secondary schools attended
predominantly by boys. In 2012, also other activities were implemented to encourage young
people, particularly girls, to take up natural or technical science courses in calls for applications
to promote sciences. Furthermore, with the intention to give female students an opportunity to
familiarize themselves with politics, political life and active participation, a project called a
"Mentoring Day with a Female Politician" in cooperation with the Government, the Nati
Assembly and several universities was
Pakistan:
Malala Yousafzai is a Pakistani activist for female education and the youngest
laureate. She is known mainly for human rights advocacy for education and for women in h
native Swat Valley in the Khyber Pakhtunkhwa province of northwest Pakistan, where the local
Taliban had at times banned girls from attending school. Yousafzai's advocacy has since grown
into an international movement.
On the afternoon of 9 October 2012
district of Swat. A gunman asked for her by name, then pointed a pistol at her and fired three
shots. One bullet hit the left side of Yousafzai's forehead. Yousafzai's advocacy has since grown
into an international movement.
Jordan:
More than 1 out of 10 girls in Jordan marries before the age of 18, a rate that has been relatively
consistent over the past decade, despite a sharp increase among Syrian refugees in the country,
according to the findings of a UNICEF study.The study says that, in 2013, of all registered
marriages in Jordan, 13 per cent involved a girl less than 18 years of age.
"Mentoring Day with a Female Politician" in cooperation with the Government, the Nati
Assembly and several universities was organized in 2011.
Malala Yousafzai is a Pakistani activist for female education and the youngest-ever Nobel Prize
She is known mainly for human rights advocacy for education and for women in h
native Swat Valley in the Khyber Pakhtunkhwa province of northwest Pakistan, where the local
Taliban had at times banned girls from attending school. Yousafzai's advocacy has since grown
On the afternoon of 9 October 2012, Yousafzai boarded her school bus in the northwest Pakistani
district of Swat. A gunman asked for her by name, then pointed a pistol at her and fired three
shots. One bullet hit the left side of Yousafzai's forehead. Yousafzai's advocacy has since grown
More than 1 out of 10 girls in Jordan marries before the age of 18, a rate that has been relatively
consistent over the past decade, despite a sharp increase among Syrian refugees in the country,
ings of a UNICEF study.The study says that, in 2013, of all registered
marriages in Jordan, 13 per cent involved a girl less than 18 years of age.
But among Syrian refugees living in the country,
that rate is increasing rapidly: from 1 out of 5 in
2012, to 1 out of 4 in 2013, and 1 out of 3 during
the first quarter of this year. Although child
marriage was not uncommon in pre
displacement, poverty and lack of education
opportunities are exacerbating factors. The
report highlights that common re
marriage in Jordan include: alleviating poverty
or the burden of a large family with many
daughters; providing protection for young girls;
continuing traditions (cultural or family); and
serving as an escape for girls living in an abusive
home environment. These situations will result
into devastating health hazards among the girls,
increase the maternity death rate; whereas,
implementation of girls’ education can alleviate
these situations to a certain extent.
10
"Mentoring Day with a Female Politician" in cooperation with the Government, the National
ever Nobel Prize
She is known mainly for human rights advocacy for education and for women in her
native Swat Valley in the Khyber Pakhtunkhwa province of northwest Pakistan, where the local
Taliban had at times banned girls from attending school. Yousafzai's advocacy has since grown
, Yousafzai boarded her school bus in the northwest Pakistani
district of Swat. A gunman asked for her by name, then pointed a pistol at her and fired three
shots. One bullet hit the left side of Yousafzai's forehead. Yousafzai's advocacy has since grown
More than 1 out of 10 girls in Jordan marries before the age of 18, a rate that has been relatively
consistent over the past decade, despite a sharp increase among Syrian refugees in the country,
ings of a UNICEF study.The study says that, in 2013, of all registered
But among Syrian refugees living in the country,
that rate is increasing rapidly: from 1 out of 5 in
to 1 out of 4 in 2013, and 1 out of 3 during
the first quarter of this year. Although child
marriage was not uncommon in pre-war Syria,
displacement, poverty and lack of education
opportunities are exacerbating factors. The
report highlights that common reasons for child
marriage in Jordan include: alleviating poverty
or the burden of a large family with many
daughters; providing protection for young girls;
continuing traditions (cultural or family); and
serving as an escape for girls living in an abusive
ome environment. These situations will result
into devastating health hazards among the girls,
increase the maternity death rate; whereas,
implementation of girls’ education can alleviate
these situations to a certain extent.
11
Nigeria:
In Nigeria, political power is a way of gaining status, prestige and riches. It is emphatically not a
way of serving the people. Instead of being desperately concerned about the 276 girls who
disappear into Boko Haram’s clutches, the men who run Nigeria are more likely to regard the
issue as an intrusion on their time and an unwelcome distraction from the serious business of
becoming richer and more important. The girls of Nigeria haven’t got back after the kidnap of
2014. Situations like this, worsen the overall impact of the girls’ education in Nigeria.
Sierra Leone:
In Sierra Leone, specific measures which have been taken include free basic education including
providing exam fees, scholarships for all girls studying science at the tertiary level, and
addressing the problem of teenage pregnancy, placing educational institutions within close radius
of communities, and offering free tuition for girls at the senior level as part of its Agenda for
Prosperity.
So Far the Actions of CEDAW:
 CEDAW promotes equal educational opportunity: Nearly two-thirds of the world’s
illiterate adults are women, and two-thirds of its unschooled children are girls. When
women and girls are educated, it benefits not only them, but also their families and
communities. For example, “globally, about half the reduction in child mortality during
the past four decades can be attributed to improvements in educational attainment in
young women.” Women’s education leads to healthier, more prosperous societies.
 CEDAW seeks to end discrimination against women and girls in education. It promotes
equal educational opportunity and access to learning resources for women and girls at all
levels, from preschool to professional and vocational training, from scholarship receipt to
sports participation. It urges countries that traditionally barred or discouraged girls from
attending school to open the door to their education. For example, in making
recommendations regarding CEDAW implementation, the CEDAW Committee has
expressed concern over the high illiteracy rate among women and girls in Saudi Arabia,
and has recommended that awareness be raised regarding the importance of access to
education for them.
 CEDAW’s commitment to girls’ education is in part based on the importance of girls’
education to ending poverty. For example, the CEDAW Committee has noted that
poverty is more widespread in families “headed by women who had received limited
education,” and has applauded commitments to providing free secondary education for
all, including pilot projects to train women in non-traditional areas. It has urged Bolivia
12
to implement “nationwide effective educational programs…as a means of poverty
alleviation.”
 CEDAW’s focus on education is consistent with the high value Americans place on
learning, as well as our recognition of the key role played by public education in allowing
all young people to achieve the American dream. Here in the U.S., long-standing federal
and state laws require equal access to educational institutions and opportunities for boys
and girls alike.
 CEDAW helps girls stay in school. It specifically calls upon ratifying countries to reduce
female students’ drop-out rates and to help girls and women who have left school
prematurely to return and complete their education. Accordingly, the CEDAW
Committee has recommended that countries take steps to improve girls’ school
attendance, including addressing the poverty and social pressures that push too many
girls out of school. For example, the Committee has encouraged Bolivia to adopt
measures to address the lack of infrastructure, distance, cost of transportation and
language barriers that keep indigenous women and girls from staying in school. It has
also recommended providing information to parents on the importance of education for
girls, to encourage parents to support their daughters in continuing their studies.
CEDAW’s concern with keeping girls in school is fully in line with American goals and
values. For example, U.S. laws and policies combating harassment and bullying seek to
end pressures that push girls and others out of school and to create educational
environments conducive to success.
 CEDAW encourages broad access to technical and other educational programs where
girls and women are often underrepresented.
 CEDAW seeks to remove barriers that have historically kept female students from
participating in many career and vocational programs. For example, the CEDAW
Committee has recommended the development of policies and programs aimed at
supporting girls and women who wish to study subjects that few girls and women have
traditionally pursued. In addition, it has recommended that a diverse array of educational
options be made available for both girls and boys.
 CEDAW’s commitment to overcoming barriers to participation in fields of study
previously closed to girls and women is squarely in line with U.S. goals and programs.
There has long been an effort in the U.S. to find ways to support girls and women who
wish to pursue higher paying, traditionally male occupations, such as work as electricians
and automotive technicians. For example, the Women’s Educational Equity Act
authorizes grants for the improvement of vocational and career education and continuing
education activities for women.The Carl D. Perkins Career and Technical Education Act,
which enables states to help people become productive members of the work force,
identifies among its focus populations “individuals preparing for non-traditional fields.”
13
Various programs also seek to encourage girls and women to study the “STEM” subjects
– science, technology, engineering and math.
Suggestions:
The gendered denial of girls and women’s rights through education demands solutions that
address gender and education issues in a comprehensive and coherent way. Precisely because of
their multi-layered impact and their multi-dimensional nature, both education and gender offer a
number of entry points that can be explored further, so to redress existing discrimination,
inequality and injustice. In this light, there are a few suggestions:
 Discontinuity: A pervasive, if unstated, logic of privilege and power is there and is
strong; so is the decision not to give it up by those who possess that privilege and power.
We must discontinue this vicious circle, at all levels, starting from homes and schools.
Power is neither good nor bad; it depends on how it is used. If we work with those who
fear change as loss of privilege/power and show them that it is not a matter of replacing
one power with another, but a matter of enriching each other’s power so that change is
beneficial for all, we can foster real progress. This requires bolder work on self-
confidence and leadership skills, for both men and women, together, yet with distinct
inputs.
 Investments: too much attention to primary education has neglected further investment on
secondary and higher education, precisely those levels where a person blossoms and
develops the skills, knowledge and confidence necessary to enter the job market, build a
life in dignity and actively participate in actions for the common good. This is a great
opportunity that has been missed for too long. To take it up, States must invest budgetary
resources on all levels of education. More efforts are also needed to keep girls in schools,
for example through incentives to contrast child marriage and early pregnancies as main
reasons for drop-outs. In this light, legislation should also be reviewed so that minimum
ages for the end of compulsory education, for marriage and for entry into employment are
coherent and aligned.
 Flexibility: the focus on accessibility and availability of education needs to include
acceptability and adaptability. This means capitalizing on completion of quality
secondary education through skills learning, training, and vocational education that are
relevant to changes in the job market. It also means working more on content and
attitudes: curricula should include life skills such as comprehensive education on
sexuality, participatory practices for decision-making, and the means to learn how to
address rights, gender, power and power relations. Overall, the school programs should
be changed so that educational paths are no longer influenced by rigid cultural
expectations on gender roles.
 Intersections: more work is needed across areas, about intersections, about multiple forms
of discrimination. In substance, focus should be on innovation of and in work, politics,
14
and family: foster flexible time-management, ensure equal pay for equal work, and go
beyond mere competition among different areas of girls and women’s life.
 Accountability: Education is a State responsibility. Where State capacity is weak, other
States and donors have the responsibility to assist. In this view, when implementing
policy decisions, States must connect institutional resources with daily practice. Included
in legal frameworks and in policies there must be a clear and firm commitment by States
to provide the necessary resources to girls and women’s right to education as part of their
wider human rights obligations. Only by linking political commitments with legal
obligations can we bridge the gap between achievements and enjoyment of rights.
Acknowledgements:
http://www.un.org/womenwatch/daw/cedaw/history.htm
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
8&chapter=4&lang=en
http://www.un.org/womenwatch/daw/cedaw/rules/part3/part3E.html
http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Mandate.aspx
http://www.ohchr.org/Documents/HRBodies/CEDAW/Statements/CEDAWstatementGirlsEduca
tionAsAdopted.pdf
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx
http://www.right-to-education.org/resource/keynote-presentation-rights-through-education-
cedaw-half-day-general-discussion-girls-and
http://www.right-to-education.org/keywords/cedaw
http://www.nwlc.org/resource/cedaw-supports-education-women-and-girls
http://www.right-to-education.org/blog/girls-and-womens-right-education-hope-renewed-action
15
Reforming labor laws to ensure gender equality in the workplace:
What is Labor Law? :
Labor law (also labor law or employment law, see spelling differences) mediates the relationship
between workers (employees), employers, trade unions and the government. Collective labor law
relates to the tripartite relationship between employee, employer and union. Individual labor law
concerns employees' rights at work and through the contract for work. Employment standards are
social norms (in some cases also technical standards) for the minimum socially acceptable
conditions under which employees or contractors are allowed to work. Government agencies
(such as the former US Employment Standards Administration) enforce labor law (legislative,
regulatory, or judicial).
Labor law arose in parallel with the Industrial Revolution as the relationship between worker and
employer changed from small-scale production studios to large-scale factories. Workers sought
better conditions and the right to join (or avoid joining) a labor union, while employers sought a
more predictable, flexible and less costly workforce. The state of labor law at any one time is
therefore both the product of, and a component of struggles between various social forces.
International labor Organization (ILO) founded on the principle that " labor is not a commodity",
and for the reason that "peace can be established only if it is based upon social justice".
Sex Based Discrimination:
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of
that person's sex. Sex discrimination also can involve treating someone less favorably because of
his or her connection with an organization or group that is generally associated with people of a
certain sex.
Discrimination against an individual because that person is transgender is discrimination because
of sex is a violation. This is also known as gender identity discrimination. In addition, lesbian,
gay, and bisexual individuals may bring sex discrimination claims. These may include, for
example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse
actions taken because of the person's non-conformance with sex-stereotypes. The law forbids
discrimination when it comes to any aspect of employment, including hiring, firing, pay, job
assignments, promotions, layoff, training, fringe benefits, and any other term or condition of
employment.
Gender Equality:
Since its founding in 1919, the ILO has been committed to promoting the rights of all women
and men at work and achieving equality between them. The ILO vision of gender equality –
which coincides with the organization’s four strategic goals – recognizes this goal not only as a
basic human right, but intrinsic to the global aim of Decent Work for All Women and Men. This
16
vision is based on the ILO mandate on gender equality as stated in numerous Resolutions of the
International labor Conference, the highest policy-making organ of the ILO, as well as relevant
International labor Conventions. The ILO Policy on Gender Equality and Mainstreaming, which
is made operational through the ILO Gender Equality Action Plan 2010-15, supports a two-
pronged approach of gender mainstreaming: systematically analyzing and addressing in all
initiatives the specific needs of both women and men, and targeted interventions to enable
women and men to participate in – and benefit equally from – development efforts.
The achievement of gender equality requires a context in which women and men enjoy equal
opportunities and treatment in the world of work, and work/family/care responsibilities are more
equally shared.
Attending to women workers’ specific needs was a concern for the ILO from the outset. In 1919,
during the first International Labor Conference (ILC), six Conventions were adopted, and, of
these six, one aimed at ensuring maternity protection for working women. Since this first ILC,
the ILO has increasingly been working towards ensuring equal opportunities and treatment for
men and women in the world of work, chiefly through the normative ratification and
implementation of ILO Conventions and Recommendations, and through promoting the idea that
gender equality is justified from a rights-based perspective as well as an economic efficiency or
business case argument, both for individual businesses and countries alike.
Attending to women workers’ specific needs was a concern for the ILO from the outset. In 1919,
during the first International Labor Conference (ILC), six Conventions were adopted, and, of
these six, one aimed at ensuring maternity protection for working women. Since this first ILC,
the ILO has increasingly been working towards ensuring equal opportunities and treatment for
men and women in the world of work, chiefly through the normative ratification and
implementation of ILO Conventions and Recommendations, and through promoting the idea that
gender equality is justified from a rights-based perspective as well as an economic efficiency or
business case argument, both for individual businesses and countries alike.
The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), among the most
widely ratified ILO conventions, affirms that member States should declare and proactively
pursue a national policy to promote equality of opportunity and treatment in respect of
employment and occupation, with a view to eliminating discrimination based on the ground of,
among others, sex.
Rethinking of the Labor Laws:
It’s high time that measures should be taken to reform the labor laws throughout the world,
especially for the Post-2015 era. Some of the problems that are hovering for a long time in the
sectors of gender equality are-
Unequal Remuneration:
It is a subtle chronic problem, which is difficult to overcome without a clear understanding of the
concepts and the implications for the workplace and society in general, as well as the
introduction of proactive measures. The challenge of applying the pri
more prominence in the context of the current economic crisis, with “equal pay” appearing to
some as merely an added cost.
This Guide clarifies the concepts underlying the principle of equal remuneration for work of
equal value and provides guidance on its practical application. While the Guide addresses
maternity protection have remained the same
newborn; to enable women to combine successfully their reproductive and productive roles; to
prevent unequal treatment at work due to their reproductive role; and to promo
equality of opportunity and treatment between women and men. The ILO has adopted three
maternity protection Conventions: in 1919, 1952, and the most recent in 2000, the Maternity
Protection Convention (No. 183). They stipulate protectiv
for women who have recently given birth, including the prevention of exposure to health and
safety hazards during and after pregnancy, entitlement to paid maternity leave, maternal and
child health care and breastfeeding b
relation to maternity, and a guaranteed right to return to work after maternity leave.
It is a subtle chronic problem, which is difficult to overcome without a clear understanding of the
concepts and the implications for the workplace and society in general, as well as the
introduction of proactive measures. The challenge of applying the principle has acquired even
more prominence in the context of the current economic crisis, with “equal pay” appearing to
This Guide clarifies the concepts underlying the principle of equal remuneration for work of
nd provides guidance on its practical application. While the Guide addresses
specifically equal pay between men and women, as this is
a long-standing concern of the ILO and continues to raise
challenges today, it is hoped that it will also offer
insights to address equal pay on grounds other than sex.
Equal remuneration for men and women for work of
equal value can be applied in a variety of ways according
to each national context. Thus the national examples
provided are not intended to be models that must
followed, but rather approaches that can inspire further
thought. The Guide is aimed at government officials,
workers’ and employers’ organizations, policy
practitioners, trainers, as well as others interested in this
dynamic and evolving area. It draws on the ILO’s policy
work in this domain, the technical assistance provided by
the Office to ILO’s constituency, and the related
comments of the ILO supervisory bodies.
Maternity Leave:
Throughout its history, the ILO’s concerns regarding
y protection have remained the same – to preserve the health of the mother and her
newborn; to enable women to combine successfully their reproductive and productive roles; to
prevent unequal treatment at work due to their reproductive role; and to promote the principle of
equality of opportunity and treatment between women and men. The ILO has adopted three
maternity protection Conventions: in 1919, 1952, and the most recent in 2000, the Maternity
183). They stipulate protective measures for pregnant women and
for women who have recently given birth, including the prevention of exposure to health and
safety hazards during and after pregnancy, entitlement to paid maternity leave, maternal and
child health care and breastfeeding breaks, protection against discrimination and dismissal in
relation to maternity, and a guaranteed right to return to work after maternity leave.
17
It is a subtle chronic problem, which is difficult to overcome without a clear understanding of the
concepts and the implications for the workplace and society in general, as well as the
nciple has acquired even
more prominence in the context of the current economic crisis, with “equal pay” appearing to
This Guide clarifies the concepts underlying the principle of equal remuneration for work of
nd provides guidance on its practical application. While the Guide addresses
specifically equal pay between men and women, as this is
standing concern of the ILO and continues to raise
challenges today, it is hoped that it will also offer
o address equal pay on grounds other than sex.
Equal remuneration for men and women for work of
equal value can be applied in a variety of ways according
to each national context. Thus the national examples
provided are not intended to be models that must be
followed, but rather approaches that can inspire further
thought. The Guide is aimed at government officials,
workers’ and employers’ organizations, policy-makers,
practitioners, trainers, as well as others interested in this
It draws on the ILO’s policy
work in this domain, the technical assistance provided by
the Office to ILO’s constituency, and the related
comments of the ILO supervisory bodies.
Throughout its history, the ILO’s concerns regarding
to preserve the health of the mother and her
newborn; to enable women to combine successfully their reproductive and productive roles; to
te the principle of
equality of opportunity and treatment between women and men. The ILO has adopted three
maternity protection Conventions: in 1919, 1952, and the most recent in 2000, the Maternity
e measures for pregnant women and
for women who have recently given birth, including the prevention of exposure to health and
safety hazards during and after pregnancy, entitlement to paid maternity leave, maternal and
reaks, protection against discrimination and dismissal in
relation to maternity, and a guaranteed right to return to work after maternity leave.
18
Sixty-six countries ratified at least one of the three maternity protection Conventions, but the
influence of ILO standards extends well beyond ratifications. Not only does almost every
country now have some maternity protection legislation, many others also have measures to
support workers with family responsibilities, including fathers. This is occurring within a context
of broader social developments, including the rise in women’s paid work, the growth in non-
standard work (part-time, temporary or casual), population ageing and changes in family
patterns. The global economic crisis has in some countries exacerbated pre-existing gender
inequalities and highlighted the need to reconfigure both men’s and women’s work.
 There has been a gradual global shift towards maternity leave periods that meet or exceed
the ILO standard of 14 weeks: the majority of countries now provide leave duration in
line with Convention No. 183. No country has cut maternity leave duration since 1994.
 Only two of 185 countries and territories studied provide no statutory cash benefits
during maternity leave. More than 100 countries now finance benefits through social
security, reducing employers’ liability. However, analysis showed that benefits in more
than half were neither financially adequate nor sufficiently long-lasting.
 Expanding coverage in law and in practice is critical for the approximately 830 million
women workers who are not adequately covered in practice, mainly in developing
countries.
The most recent ILO standard on duration of maternity leave5 mandates a minimum leave period
of 14 weeks, up from 12 weeks in the previous Conventions. Recommendation No. 191
encourages ILO member States to increase the period of maternity leave “to at least 18 weeks”.
The length of leave is critical in enabling mothers to recover from childbirth and return to work
while providing adequate care to their children. When leave is too short, mothers may not feel
ready to return to work and drop out of the workforce. However, very long leave periods, or
parental leave mostly taken up by women, especially without job protection, may also damage
women’s attachment to and advancement in paid work, resulting in wage penalties.
Among the 185 countries and territories studied:
• 53 per cent (98 countries) meet the ILO standard of at least 14 weeks’ leave;
• 42 of those countries meet or exceed the suggested 18 weeks’ leave;
• 60 countries provide 12 to 13 weeks’ leave – less than the duration in Convention No. 183, but
consistent with previous Conventions;
• only 15 per cent (27 countries) provide less than 12 weeks.
The longest average statutory durations of maternity leave are in Eastern Europe and Central
Asia (almost 27 weeks), and the Developed Economies (21 weeks). The shortest regional
average is in the Middle East (9.2 weeks). Trend data7 from 1994 to 2013 show that no single
country has reduced its statutory duration of maternity leave. In 1994, 38
provided at least 14 weeks’ leave. By 2013, among this same set of countries, 51
provided at least 14 weeks’ leave.
Paternity Leave:
Paternity leave is usually a short
childbirth to help care for the child and assist the mother. Research suggests links between
fathers’ leave, men’s take-up of family responsibilities and child development. Fathers who take
leave, especially those taking two weeks or more immediately after childbirth, are more likely to
be involved with their young children.
This can have positive effects for gender equality in the home and at work and may indicate
shifts in relationships and perceptions of parenting roles and prevailing stereotypes. No ILO
standard exists concerning paternity leave. However, the Resolution concerning gender equality
at the heart of decent work adopted by the International
that work-family reconciliation measures concern both men and women. The Resolution calls for
governments to develop adequate policies for a better balance of work and family
responsibilities, to include paternity and/or parental leave, with incentives for men
Sex-based Occupational Segregation:
Many women’s economic empowerment programmes tend to promote the idea of women
entering non-traditional skills and occupations, as a means of breaking down barriers that impede
women’s access to the Labor market. Non
have been traditionally considered “men’s work”, such as architecture or engineering.
coin is missing. The paucity of men working in early childhood development is a very obvious
d its statutory duration of maternity leave. In 1994, 38 per cent of countries
provided at least 14 weeks’ leave. By 2013, among this same set of countries, 51
provided at least 14 weeks’ leave.
Paternity leave is usually a short period of leave for the father to take immediately following
childbirth to help care for the child and assist the mother. Research suggests links between
up of family responsibilities and child development. Fathers who take
, especially those taking two weeks or more immediately after childbirth, are more likely to
be involved with their young children.
This can have positive effects for gender equality in the home and at work and may indicate
ceptions of parenting roles and prevailing stereotypes. No ILO
standard exists concerning paternity leave. However, the Resolution concerning gender equality
at the heart of decent work adopted by the International Labor Conference in 2009 recognizes
family reconciliation measures concern both men and women. The Resolution calls for
governments to develop adequate policies for a better balance of work and family
responsibilities, to include paternity and/or parental leave, with incentives for men
egregation:
Many women’s economic empowerment programmes tend to promote the idea of women
traditional skills and occupations, as a means of breaking down barriers that impede
women’s access to the Labor market. Non-traditional in this respect refers to occupations that
have been traditionally considered “men’s work”, such as architecture or engineering.
Sectors and job where men have traditionally been
concentrated tend to pay better, whereas women have
been concentrated in sectors, such as care work,
the activity is seen as supplementary to the man’s
income, as he, after all, is the primary breadwinner, or so
the narrative goes. A more equal distribution of men and
women across different types of jobs for both sexes
would make for more equal societies. However, this
approach of encouraging nontraditional work tends to
focus uniquely on encouraging women to enter sectors
traditionally dominated by men. Gender equality
initiatives in skills training and employment promotion
could equally benefit from encouraging men to enter
into non-traditional occupations, or what are known as
“women’s work”. And to a large extent this side of the
coin is missing. The paucity of men working in early childhood development is a very obvious
19
per cent of countries
provided at least 14 weeks’ leave. By 2013, among this same set of countries, 51 per cent
period of leave for the father to take immediately following
childbirth to help care for the child and assist the mother. Research suggests links between
up of family responsibilities and child development. Fathers who take
, especially those taking two weeks or more immediately after childbirth, are more likely to
This can have positive effects for gender equality in the home and at work and may indicate
ceptions of parenting roles and prevailing stereotypes. No ILO
standard exists concerning paternity leave. However, the Resolution concerning gender equality
Conference in 2009 recognizes
family reconciliation measures concern both men and women. The Resolution calls for
governments to develop adequate policies for a better balance of work and family
responsibilities, to include paternity and/or parental leave, with incentives for men to use them.
Many women’s economic empowerment programmes tend to promote the idea of women
traditional skills and occupations, as a means of breaking down barriers that impede
occupations that
have been traditionally considered “men’s work”, such as architecture or engineering.
Sectors and job where men have traditionally been
concentrated tend to pay better, whereas women have
been concentrated in sectors, such as care work, where
the activity is seen as supplementary to the man’s
income, as he, after all, is the primary breadwinner, or so
the narrative goes. A more equal distribution of men and
women across different types of jobs for both sexes
eties. However, this
approach of encouraging nontraditional work tends to
focus uniquely on encouraging women to enter sectors
traditionally dominated by men. Gender equality
initiatives in skills training and employment promotion
m encouraging men to enter
traditional occupations, or what are known as
“women’s work”. And to a large extent this side of the
coin is missing. The paucity of men working in early childhood development is a very obvious
20
example. Many of the ideas about women and men’s supposedly fixed roles in society are
transmitted to children at an early age, so if there are no men working in nurseries and crèches,
or as primary school teachers, then the perception of women as carers becomes embedded in
these children’s minds from the outset. Studies show that men’s active engagement with care
giving, including as paid child minders, has a positive effect on socialization about roles of girls
and boys and makes them more open to questioning traditional gender roles. Men benefit as well,
since those who participate more equally in care giving, report better mental and physical health
than men who do not.
Unpaid Work and Social Protection:
Because of the persistent, slow-changing traditional gender division of labor in the household,
working women in particular struggle to balance family responsibilities (reproductive work) with
employment and income generation (productive work). Inadequate maternity leave and childcare
provisions act as disincentives for women’s labor force participation, whereas family-friendly
policies (e.g. flexible working hours, parental leave, professional care facilities for children,
elders, sick and disabled; social protections and/or safety nets provided by the state) can help to
establish a balance between work and family, leading to greater productivity, worker loyalty and
less absenteeism (ILO 2009b; Cruz 2012).
Unpaid work is one of the most important issues in understanding women’s disadvantaged
position in the labor market. This is because women’s and men’s ability to participate in paid
work depends on their roles and responsibilities in the household and the community, as well as
how women and men undertake unpaid work. Unpaid care work includes housework (meal
preparation, cleaning) and care of persons carried out in homes and communities without
remuneration. Such work contributes to well-being and feeds into economic growth through the
reproduction of a labor force that is fit, productive and capable of learning and creativity.
Women perform the bulk of unpaid care work across all economies and cultures. Furthermore, it
is estimated that if such work were assigned a monetary value it would constitute between 10 per
cent and 39 per cent of GDP (UNRISD 2010). Despite its economic value, and UN efforts to add
it to countries’ national system of accounts (NSA), unpaid care work is not included in labor
force surveys, nor brought into the calculation of GDP. It is therefore invisible in representations
of the economy that inform policy making.
Supply Side Consideration:
Women are often at the centre of the mismatch between supply and demand in the labor market,
particularly at the highly-skilled end. A lack of comprehensive education, adequate skills to
participate in the Labor market, technological innovation and skills for entrepreneurship can curb
women’s options for decent employment. Moreover, gaps between education curriculum and
needs of the Labor market can be disadvantageous to all students, especially in the cases when
student chose to study fields that cannot provide for jobs in the long run. Vocational training,
21
designed to fill this gap, is often inaccessible or inapplicable for women workers. Further,
women quite often have less access to Labor market information systems and employment
services which could broaden their choices and visions (ILO 2009b).
Men as primary Bread winners :
Occupational segregation based on sex is related to, indeed dominated by the “male
breadwinner” model. There is increasing focus, inspired by a men and masculinities approach, to
see the male breadwinner model as not a source of power for men, but a source of stress. In line
with the 2009 ILC gender equality at the heart of decent work discussions, initiatives looking to
tackle excessive hours of work and work-life balance from a men and masculinities approach are
therefore possible. It is perhaps a very pertinent place to construct an argument on how gender
equality can benefit women and men alike. Taking a nuclear family as an example, established
gender roles dictate that the man is the primary breadwinner and the woman the primary career.
However the ambitions and skills of the individual woman and man may not be in tune with
these roles. The woman may have the capacity to earn more than her husband, and the man may
be better at caring for children. Nonetheless, most societies, both culturally, socially and indeed
often legally, are built around the idea that men bring in the household income and women look
after the children and household chores. As a consequence both women and men’s true talent and
ambitions may be squandered. While there is a focus in policy and in the media on enabling
women to balance career and family, apart from the occasional “and men too” rhetoric, there is
little real focus on men in this regard. Without a men and masculinities approach, the stereotypes
will continue to dominate, and women’s economic empowerment will be constrained. More-to-
the-point, men will continue to be excluded from taking an equally important role as women in
family life. Nowhere is this more evident than in the issue of paternity and parental leave.
Sexual Orientation and Gender Identity:
Dominant masculinities are often defined by what they are not. For example, the “male gender”
is defined against not being women, not sexually passive, not homosexual, nor transsexual. Fear
of being perceived as homosexual may prevent men from reporting sexual violence committed
against them. Research on sexual orientation and gender identity, such as is being undertaken by
the ILO in the project “Promoting Rights, Diversity and Equality (PRIDE) in the World of
Work” has elicited how discrimination, harassment and exclusion from the Labor market often
happen on the basis of non-conformity with preconceptions of how women and men are expected
to behave. Women who are perceived to be “masculine”, or men who are perceived to be
“feminine”, in behavior or appearance, suffer discrimination or harassment on this basis.
Unpacking sexual orientation and gender identity goes to the core of understanding the
construction of gender roles. More awareness about the construction of these roles can promote
recognition that differences exist. Some researchers posit that discrimination (violence and
attacks) against lesbian, gay, bisexual and transgender people is indeed not “homophobia” or
“transphobia”, but gender phobia. In other words, such discrimination is, at its core, a phobia that
22
reflects societies’ gender norms. The same phobia of breaking gender norms can therefore be
applied to (heterosexual) men who do not display dominant masculinity, and conversely, to
women who do not conform to ideals of femininity, regardless of their sexual orientation. This
basic understanding of gender roles as being complex and fluid, rather than ordained, with rigid
characteristics attached to them, it is the starting point for men and masculinities work, and
indeed for work on gender equality per se.
Proposals:
 The guaranteed right to return to work to “the same position or an equivalent position
paid at the same rate” is an essential protective measure. Of the 146 countries with
available information, 64 give legal guarantees for a woman to return to the same post or
an equivalent one after maternity leave. However, the majority (82 countries) do not
guarantee the right to return to work.
 Protection during a period following a woman’s return to work after maternity leave but
leaves it to national laws or regulations to define that duration. At least 56 countries
specify the time period covered by this protection, which in many cases extends well
beyond the expiry of maternity leave.
 “Non-discrimination in relation to maternity” refers to the right of all women not to be
treated less favorably in a work situation – including access to employment – because of
their sex, or due to circumstances arising from their reproductive function. Convention
No. 156 extends protection to workers with family responsibilities, both men and women.
 Convention No. 183 specifically prohibits requiring women to take pregnancy tests at the
time they apply for employment, with a few exceptions related to work based risks to
health. However, the explicit prohibition of pregnancy tests does not seem to be
widespread in Labor legislation. Among the 141 countries with available information, 47
set out explicit or implicit provisions banning pregnancy tests. The ILO calls for bans on
pregnancy tests to be expressly established in national law and practice. It urges policy-
makers to design clearer policies on non-discrimination related specifically to a woman’s
reproductive function and to workers with family responsibilities.
 Breastfeeding contributes to the health of mother and child. After childbirth, many
women face potential job and income loss and thus cannot afford to stop work to
continue nursing their infant. Without workplace support for breastfeeding, working is
incompatible with breastfeeding. Nursing breaks have been part of international standards
on maternity protection since 1919. Convention No. 183 leaves it to countries to
determine length and number of breaks. In all regions, support is offered for this stage of
maternity through national legislation. In fact, 75 per cent of countries (at least 121 out of
160) provide for paid or unpaid daily breaks or a daily reduction in working hours for
nursing workers. Yet 39 of the countries analyzed (24 per cent) do not have provisions
for nursing. Two-thirds of these (26) are in Africa, Asia and the Caribbean.
23
 Governments should prioritize the development of marketable skills through vocational
and professional training, skills for technological change and entrepreneurship, and both
public and private employment services across regions and make those accessible to
women.
 Find a combination/ balance between the unpaid works of women and responsibilities of
a family. If possible, measures should be taken to include the unpaid works in the labor
sector to get the proper acknowledgement.
 Ensuring that the work done by women and men is valued fairly, and ending pay
discrimination, is essential to achieving gender equality and a core component of decent
work. The principle of equal remuneration for men and women for work of equal value,
as set out in the Equal Remuneration Convention, 1951 (No. 100), needs to be
implemented if equality is to be promoted and pay discrimination is to be addressed
effectively, particularly since women and men often do different jobs. While the principle
of equal remuneration for men and women for work of equal value, often referred to as
“equal pay”, has been widely endorsed, what it actually entails and how it is applied in
practice has proved difficult to grasp.
 Adopt and implement inclusive laws and policies for effective protection
 Prevent and eliminate discrimination against women and men with family responsibilities
 Design maternity protection and work-family policies to achieve effective gender
equality
 Address maternity, paternity and care as collective responsibilities Risk pooling through
social insurance or public
 Establish preventive health and safety culture at work
 Promote the equal sharing of family responsibilities between parents
 Create a supportive workplace culture
 If necessary, the quota system should be introduced
 When developing skills training for women, micro-level actions to promote equality are
as important as macro-level commitments; training needs to be flexible and adapted to
the time constraints of women. Further, encouraging non-traditional skills (often through
vocational training) is helpful to encourage participation in different, under-explored
sectors of the labor market (ILO 2009b). Ensuring that women are trained in market
relevant skills is essential to combat labor market segmentation and occupational
segregation.
 Making sure that women have equal access to employment opportunities throughout the
employment process is essential. All countries (with the exception of the occupied
Palestinian territories that are not privy) have ratified the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW), although some have
registered reservations. Nevertheless, there remain sizable gaps between the spirit of the
law and practice. Many NEPs have explicitly outlawed gender-based discrimination
without providing a definition of what “discrimination” entails. Others lack enforcement
24
procedures, jurisprudence or means of conciliation and arbitration to settle work-related
disputes. While these discrepancies can have implications on all facets of women’s lives,
from inheritance to marriage, they also have direct effect on recruitment, hiring and firing
practices.
 Designing effective gender responsive NEPs: National employment policies should
prioritize productive employment, decent work and income opportunities within their
macro analysis, sectoral or economic stimulus strategies, and should be developed in
consultation with social partners and endorsed by the government (cabinet, parliament or
inter-ministerial committees) (ILO 2012c). Therefore, broadly speaking, an effective
NEP requires coherence among economic and social policies, inclusive structures and
accountability of the policy to its citizens, women and men alike. Without these
milestones, a policy will not serve the needs of people who face decent work challenges,
women or otherwise. Some of the guiding questions that should be asked of a gender
responsive NEP include:
 Does the NEP include a mechanism to create and share an evidence base for
informed policy formulation and programme implementation?
 Does the NEP support the development of enabling institutional mechanisms to
promote gender equality?
 Does the NEP facilitate advocacy dialogue relating to gender issues among key
stakeholders?
 Does the NEP act in coherence with other policies to guide social, political and
economic growth?
Case Studies:
The feminization of manufacturing Labor - the South Korean "miracle":
The Republic of Korea's successful economic growth model, which was based on strong central
government trade, industrial and technology policies, has long been emulated by policy‐makers
from many developing countries. The Republic of Korea’s economy started to gain momentum
from the 1960s, with the help of targeted investments in strategic sectors to help industries
acquire the technology they needed to upgrade. High rates of growth and structural
transformation guaranteed near-full employment, increased wages and the birth of strong
corporate welfare. Yet in order to facilitate this kind of upgrade, low wages for women - roughly
half those of men - provided a stimulus to growth, since women’s low wages kept the cost of
exports down, financing the acquisition of technology (Seguino 2000a, 2000b). These low-cost
exports were produced primarily by women, who faced job segregation in export industries.
Young, unmarried women played a key role in the early, Labor-intensive phase of
industrialization between the early 1960s and 1973, with state policy deliberately mobilizing
such Labor. Increasing numbers of women workers also precipitated a shift from agriculture to
manufacturing, with women’s share of total employment increasing (Razavi et al. 2012, p. 7).
25
Yet from the 1980s onward, post-industrial strategies turned from the Labor-intensive production
to capital-intensive production in an attempt to upgrade the economy technologically. The
opening up to foreign direct investment and domestic capital mobility from the 1980s has
reversed into a “defeminization of Labor” (Berik 2009), as the composition of the workforce in
the electronics industry changed in favour of male workers, producing more sophisticated
communications and computer products (UN 1999). Contrary to “typical” patterns of growth
after the implementation of FDI, the Republic of Korea’s experience has shown a negative
correlation between job creation, FDI and gender equality.
Senegal:
Agricultural policies, especially in Africa, paint an even more complicated picture. Agriculture
accounts for a huge percentage (sometimes 80 per cent or more) of the workforce, many of
whom are unskilled small-scale holders with low-productivity. In many cases, women are
disproportionately represented within Labor-intensive agroindustrial settings, and as own-
account and contributing family workers. For example, in Senegal, women make up 90 per cent
of the share of workers in French beans and 60 per cent in cherry tomatoes, as well as 85 per cent
of the overall agricultural Labor force. Despite (or perhaps, because of) their concentration and
work in these sectors, their work may not be given appropriate monetary value, thus
undervaluing their economic contribution, particularly in subsistence agriculture.
Uganda:
"One Village One Product" for Ugandan women A One Village One Product programme
(OVOP) was introduced in Uganda in 2008 as an integrated community development approach
to increase incomes and wealth for Ugandans through adding value to local resources, human
capital development and subsequent marketing of high value added products and services. The
business model is fairly simple: every village is endowed with unique resources, which if
converted into unique products through value-addition, and marketed nationally and
international, could substantially improve the livelihoods of the rural poor (Republic of Uganda
2012). The local people are the basis of success within the programme, and the kind of human
resource development – including business management, community leadership, product
development and marketing – helps to build skills within the community (see UNIDO 2008).
China:
China’s NEP, states that “with the exception of certain types of work positions designated by the
state as unsuitable to women, no employer shall refuse to recruit women”, a statement which
could be seen to establish a form of “state-sponsored” gender discrimination. Further, sometimes
counter-intuitive goals get in the way of realizing equality: in the Seychelles, for example, the
NEP aims to reduce the instances of termination of employment on the grounds of discrimination
and to reduce the number of terminations based on victimization by employers. Instead of
achieving the goal of a friendlier, more gender responsive workplace, such policies instead
26
encourage women not to report instances of victimization or unjust termination for fear of
reprisal. In contrast, aiming to increase the number of reports of terminations of employment
based on the ground of sex discrimination or victimization by employers, though seemingly
antithesis to the goal of gender responsiveness, demonstrates that women are comfortable
enough to complain. Rather than using punitive measures that discourage “bad behavior” which
could push complaints underground, states should work to build a work environment in which
women feel comfortable to voice their complaints.
The AUWNMUN CEDAW-2015 dais expects, the delegates will go
through the Charter of the CEDAW as well as UN; their respective
country’s national policy, human rights policy, constitution and
especially study the rights related to the gender. This dais believes
throughout the conference a feasible framework will be developed by
utilizing the human rights base approach to empower the women
irrespective of religion, age, caste and society.
This study guide provides a small portion of basic information,
therefore the delegates must have a thorough research as much as
possible regarding this topic and, in particular concerning the
conflict inflicted areas, with a focus on the respective country
especially.
Delegates should address the following when creating draft
resolutions:
 Recommending policies to assist the women in the work sectors.
 Ensuring the implementations of the existing policies.
 Outlining policies to incorporate the girls’ education with
proper care in order to empower them.
27
Acknowledgements:
http://www.eeoc.gov/laws/types/sex.cfm
http://www.ohchr.org/EN/Issues/Women/WGWomen/Pages/WGWomenIndex.aspx
http://www.ilo.org/wcmsp5/groups/public/---dgreports/---
dcomm/documents/publication/wcms_242617.pdf
http://ilo.org/wcmsp5/groups/public/---dgreports/---
gender/documents/publication/wcms_232755.pdf
http://ilo.org/wcmsp5/groups/public/---dgreports/---
gender/documents/publication/wcms_232758.pdf
http://ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---
publ/documents/publication/wcms_216695.pdf

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AUWNMUN-CEDAW-Study-Guide

  • 1. Committee: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Shehreen Ataur Khan , Mahamuda Sultana, Farishta Afzaly AUWNMUN 2015 Study Guide Committee: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Shehreen Ataur Khan , Mahamuda Sultana, Farishta 1 Committee: Convention on the Elimination of All Forms of Shehreen Ataur Khan , Mahamuda Sultana, Farishta
  • 2. 2 Notes from the Chair Hello Delegates!!! It’s an honor to welcome you as the Chair of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) at Asian University for Women National MUN- 2015. This is Shehreen Ataur Khan. I have completed my Masters in English Literature from the University of Dhaka. I attended the Asia- Pacific Model United Nations-2012 in Thailand and was selected for the third International Model OIC Conference, held in Malaysia, 2013. I hope that, all the delegates will learn a lot through an excellent atmosphere of simulation. Do the researches intensely, make wonderful networks among you and last but not the least, have loads of fun. Come, do learn and have fun on the floors of AUWMUN! I hope you will enjoy each and every bit of your journey to AUWNMUN-2015. Shehreen Ataur Khan Chair Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
  • 3. 3 Notes from the Vice-Chair Good Day delegates, I am pleased to invite you to the committee, Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) at AUWMUN 2015. It shall be my honor and privilege to be your Executive Board for the duration of the simulation. Please note that the study guide is not exhaustive and merely provides an overview of the Agenda. The study guide is meant give Delegates a basic idea of the scope and mandate of the discussion. You are requested to do ample research before the conference. The Rules of Procedure (ROP) to be followed shall be UN-USA. The ROP shall be explained on the first day for the benefit of the first timer Delegates. Hoping to see you all there! Mahamuda Sultana Vice-Chair Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
  • 4. 4 Notes from the Rapporteur Hello Energetic Delegates, I am Farishta Afzaly, first year undergraduate student at Asian University for Women (AUW) and I feel privileged for being Rapporteur of CEDAW. I am really excited for this upcoming conference and I hope you are too. I believe, AUWNMUN will unlock the door of opportunities for you to explore the world of interaction and diplomacy. So here I am, to work for a promising conference, which is not only a platform for deliberation, but networking, leadership, commitment and sustainable development. Try to have a lot of fun and get best out of this conference, because time goes but the memories are always there to make you happy. I cannot wait to see you all! Best Wishes, Farishta Afzaly Rapporteur Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
  • 5. 5 Position Paper Guidelines A Position Paper is a brief summary of a country's policy and interests concerning the topics on the Agenda. It should contain a clear statement of the country‘s position on the topic and clear reasoning, also suggesting a plan of action concerning the issues under consideration. Each committee topic should be addressed in a succinct policy statement representing the relevant views of your assigned country. The Position Paper should be a product of the delegate‘s own research and should be concise and substantial. In the first part of your Position Paper you should briefly address the issues on the Agenda, the relevancy and the scope of the problem. You should mention the major players, the current developments concerning the issues under discussion, the action CEDAW/UN has taken in this respect, whether by specialized agencies, regional bodies or non-governmental organizations, the most significant resolutions that have been passed, international treaties and provisions for future action. In the second part you should specify the official position of the country you represent in respect to the issues under consideration. It should include brief statements about where your country stands on the issue in question, past statements on the topic by representatives of your government, especially if these mention the significance of the issues on the Agenda to your country, specific suggestions that your country will support in providing a solution for the issues in question. You should also make reference to the role CEDAW has assumed to confront this issue. You do not have to go into detail about your negotiating positions. Finally, you should do research on the previous decisions taken on the related topics and come up with adequate measures and ideas to make those steps stronger and compatible to the 21st century’s agendas. Some other points about your Position Papers: • These papers should not exceed in length one-half page on each topic on the Agenda of the CEDAW. • Please pay careful attention to these guidelines when drafting and submitting your position papers. Only those who follow the guidelines and meet the submission deadline will be eligible for the best position paper awards.
  • 6. 6 History: The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women. CEDAW Committee consists of 23 experts on women’s rights from around the world. CEDAW was adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. The Convention defines discrimination against women as "...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." By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:  to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;  to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and  to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises. The Convention provides the basis for realizing equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life -- including the right to vote and to stand for election -- as well as education, health and employment. States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms. The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire, change or retain their nationality and the nationality of their children. States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women.
  • 7. 7 Countries that have ratified or acceded to the Convention are legally bound to put its provisions into practice. They are also committed to submit national reports, at least every four years, on measures they have taken to comply with their treaty obligations. From January 1, 2008, responsibility for servicing the Committee on the Elimination of Discrimination against Women has been transferred to the Office of the High Commissioner for Human Rights in Geneva. The Mandate: The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. The initial election shall be held six months after the date of the entry into force of the present Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee. The election of the five additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or accession. The terms of two of the additional members elected on this occasion shall expire at the end of two years, the names of these two members having been chosen by lot by the Chairman of the Committee. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's responsibilities.
  • 8. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Conve Rethinking education to empower girls …“the right to education operates as a multiplier. It enhances all other human rights when guaranteed and forecloses the enjoyment of most, if not all, when denied”. - K. Tomaševski, Education Denied: Costs The right to education is a multifaceted and demanding right, even more so for girls and women who face a clear disadvantage in its full of the most detailed human rights; a righ adjudicated, which gives us the distinct advantage of building on solid ground. This advantage may seem less evident when we talk about rights through education, perhaps the most aspirational side of such a right. The right to education is a multifaceted and demanding right, even more so for girls and women who face a clear disadvantage in its full of the most detailed human rights; a right that has alre adjudicated, which gives us the distinct advantage of building on solid ground. This advantage may seem less evident when we talk about rights through education, perhaps the most aspirational side of such a right. Denied the right to education because of their sex and economic and social status or because of the persistence of patriarchal systems or all these reasons, girls and women are led into domestic work, child bearing, which in turn result in increased discrimination and inequality. majority of whom are women - are barred from becoming candidates in elections; similarly, General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Conve Rethinking education to empower girls: “the right to education operates as a multiplier. It enhances all other human rights when guaranteed and forecloses the enjoyment of most, if not all, when K. Tomaševski, Education Denied: Costs and Remedies, , 2003 The right to education is a multifaceted and demanding right, even more so for girls and women who face a clear disadvantage in its full realization. However, the right to education is also one of the most detailed human rights; a right that has already been acutely interpreted and adjudicated, which gives us the distinct advantage of building on solid ground. This advantage may seem less evident when we talk about rights through education, perhaps the most The right to education is a multifaceted and demanding right, even more so for girls and women who face a clear disadvantage in its full realization. However, the right to education is also one of the most detailed human rights; a right that has already been acutely interpreted and adjudicated, which gives us the distinct advantage of building on solid ground. This advantage may seem less evident when we talk about rights through education, perhaps the most e right to education because of their sex and economic and social status or because of the persistence of patriarchal systems or - even more dramatically - because of the intersection of all these reasons, girls and women are led into domestic work, child marriage and early child bearing, which in turn result in increased discrimination and inequality. Without an education that is worthy of its name, girls and women face major difficulties in tackling diseases for themselves and their children, gaining ownership in sexual and reproductive choices, and participating in decisions about family life, with consequent detriment to wider societal goals. Violations of the right to education are also detrimental for political representation. In many countries, illiterate people are barred from becoming candidates in elections; similarly, 8 General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. “the right to education operates as a multiplier. It enhances all other human rights when guaranteed and forecloses the enjoyment of most, if not all, when and Remedies, , 2003 The right to education is a multifaceted and demanding right, even more so for girls and women . However, the right to education is also one t that has already been acutely interpreted and adjudicated, which gives us the distinct advantage of building on solid ground. This advantage may seem less evident when we talk about rights through education, perhaps the most The right to education is a multifaceted and demanding right, even more so for girls and women . However, the right to education is also one ady been acutely interpreted and adjudicated, which gives us the distinct advantage of building on solid ground. This advantage may seem less evident when we talk about rights through education, perhaps the most e right to education because of their sex and economic and social status or because of because of the intersection of marriage and early child Without an education that is worthy of its name, girls and women face major difficulties in tackling diseases for themselves and their children, gaining wnership in sexual and reproductive choices, and participating in decisions about family life, with consequent detriment to wider societal goals. Violations of the right to education are also detrimental for political representation. In literate people - the are barred from becoming candidates in elections; similarly,
  • 9. 9 women’s limited educational attainment hampers their full appreciation and command of public, social and political events, thus precluding to them meaningful participation in decisions that affect their lives. The denial of the right to education generates exclusion of women from employment and their relegation into the informal sector. Everywhere women continue to perform unpaid care work and occupy low paid positions, while pay gaps between men and women persist in all countries. This in turn entails distortion of other rights as well as weaker bargaining power and more fragile social security. The consequences of this state of affairs can more easily damage rather than benefit personal, economic and social development. Violations and denials of girls and women’s right to education are costing us dearly. But they are not without remedy. Girls’ and women’s right to education is a central obligation of States parties under the Convention on the Elimination of All Forms of Discrimination against Women (the CEDAW Convention). This obligation is set out in articles 2 and 10 of the CEDAW Convention as well as in other international human rights documents such as the Millennium Development Goals and the Education for All (EFA) Dakar Framework for Action. In spite of the seeming global consensus on the right of girls and women to education, and although globally, the illiterate population is shrinking, illiteracy continues to be a feminized phenomenon, particularly in certain regions of the world. In 2009, there were 35 million girls of primary school age and 37 million lower secondary level girls, who were out of school. As a result of these trends over time, of the reported 793 million adults lacking basic literacy skills, 508 million (66%) are female. Case Studies: Slovenia: Even though women and girls in Slovenia are relatively more successful in education and are in general more educated than men, women often face challenges in overcoming of stereotypes regarding the choice of education and professional career. Furthermore they face greater gender based discrimination in finding employment and in nomination for leading or decision-making positions. Equally important, when employed, gender pay gap is in some cases still existent, although relatively low in Slovenia. The ongoing project "Girls' Day" provides basic school girls in Slovenia with an insight into typically male professions, encouraging them to enroll in secondary schools attended predominantly by boys. In 2012, also other activities were implemented to encourage young people, particularly girls, to take up natural or technical science courses in calls for applications to promote sciences. Furthermore, with the intention to give female students an opportunity to familiarize themselves with politics, political life and active participation, a project called a
  • 10. "Mentoring Day with a Female Politician" in cooperation with the Government, the Nati Assembly and several universities was Pakistan: Malala Yousafzai is a Pakistani activist for female education and the youngest laureate. She is known mainly for human rights advocacy for education and for women in h native Swat Valley in the Khyber Pakhtunkhwa province of northwest Pakistan, where the local Taliban had at times banned girls from attending school. Yousafzai's advocacy has since grown into an international movement. On the afternoon of 9 October 2012 district of Swat. A gunman asked for her by name, then pointed a pistol at her and fired three shots. One bullet hit the left side of Yousafzai's forehead. Yousafzai's advocacy has since grown into an international movement. Jordan: More than 1 out of 10 girls in Jordan marries before the age of 18, a rate that has been relatively consistent over the past decade, despite a sharp increase among Syrian refugees in the country, according to the findings of a UNICEF study.The study says that, in 2013, of all registered marriages in Jordan, 13 per cent involved a girl less than 18 years of age. "Mentoring Day with a Female Politician" in cooperation with the Government, the Nati Assembly and several universities was organized in 2011. Malala Yousafzai is a Pakistani activist for female education and the youngest-ever Nobel Prize She is known mainly for human rights advocacy for education and for women in h native Swat Valley in the Khyber Pakhtunkhwa province of northwest Pakistan, where the local Taliban had at times banned girls from attending school. Yousafzai's advocacy has since grown On the afternoon of 9 October 2012, Yousafzai boarded her school bus in the northwest Pakistani district of Swat. A gunman asked for her by name, then pointed a pistol at her and fired three shots. One bullet hit the left side of Yousafzai's forehead. Yousafzai's advocacy has since grown More than 1 out of 10 girls in Jordan marries before the age of 18, a rate that has been relatively consistent over the past decade, despite a sharp increase among Syrian refugees in the country, ings of a UNICEF study.The study says that, in 2013, of all registered marriages in Jordan, 13 per cent involved a girl less than 18 years of age. But among Syrian refugees living in the country, that rate is increasing rapidly: from 1 out of 5 in 2012, to 1 out of 4 in 2013, and 1 out of 3 during the first quarter of this year. Although child marriage was not uncommon in pre displacement, poverty and lack of education opportunities are exacerbating factors. The report highlights that common re marriage in Jordan include: alleviating poverty or the burden of a large family with many daughters; providing protection for young girls; continuing traditions (cultural or family); and serving as an escape for girls living in an abusive home environment. These situations will result into devastating health hazards among the girls, increase the maternity death rate; whereas, implementation of girls’ education can alleviate these situations to a certain extent. 10 "Mentoring Day with a Female Politician" in cooperation with the Government, the National ever Nobel Prize She is known mainly for human rights advocacy for education and for women in her native Swat Valley in the Khyber Pakhtunkhwa province of northwest Pakistan, where the local Taliban had at times banned girls from attending school. Yousafzai's advocacy has since grown , Yousafzai boarded her school bus in the northwest Pakistani district of Swat. A gunman asked for her by name, then pointed a pistol at her and fired three shots. One bullet hit the left side of Yousafzai's forehead. Yousafzai's advocacy has since grown More than 1 out of 10 girls in Jordan marries before the age of 18, a rate that has been relatively consistent over the past decade, despite a sharp increase among Syrian refugees in the country, ings of a UNICEF study.The study says that, in 2013, of all registered But among Syrian refugees living in the country, that rate is increasing rapidly: from 1 out of 5 in to 1 out of 4 in 2013, and 1 out of 3 during the first quarter of this year. Although child marriage was not uncommon in pre-war Syria, displacement, poverty and lack of education opportunities are exacerbating factors. The report highlights that common reasons for child marriage in Jordan include: alleviating poverty or the burden of a large family with many daughters; providing protection for young girls; continuing traditions (cultural or family); and serving as an escape for girls living in an abusive ome environment. These situations will result into devastating health hazards among the girls, increase the maternity death rate; whereas, implementation of girls’ education can alleviate these situations to a certain extent.
  • 11. 11 Nigeria: In Nigeria, political power is a way of gaining status, prestige and riches. It is emphatically not a way of serving the people. Instead of being desperately concerned about the 276 girls who disappear into Boko Haram’s clutches, the men who run Nigeria are more likely to regard the issue as an intrusion on their time and an unwelcome distraction from the serious business of becoming richer and more important. The girls of Nigeria haven’t got back after the kidnap of 2014. Situations like this, worsen the overall impact of the girls’ education in Nigeria. Sierra Leone: In Sierra Leone, specific measures which have been taken include free basic education including providing exam fees, scholarships for all girls studying science at the tertiary level, and addressing the problem of teenage pregnancy, placing educational institutions within close radius of communities, and offering free tuition for girls at the senior level as part of its Agenda for Prosperity. So Far the Actions of CEDAW:  CEDAW promotes equal educational opportunity: Nearly two-thirds of the world’s illiterate adults are women, and two-thirds of its unschooled children are girls. When women and girls are educated, it benefits not only them, but also their families and communities. For example, “globally, about half the reduction in child mortality during the past four decades can be attributed to improvements in educational attainment in young women.” Women’s education leads to healthier, more prosperous societies.  CEDAW seeks to end discrimination against women and girls in education. It promotes equal educational opportunity and access to learning resources for women and girls at all levels, from preschool to professional and vocational training, from scholarship receipt to sports participation. It urges countries that traditionally barred or discouraged girls from attending school to open the door to their education. For example, in making recommendations regarding CEDAW implementation, the CEDAW Committee has expressed concern over the high illiteracy rate among women and girls in Saudi Arabia, and has recommended that awareness be raised regarding the importance of access to education for them.  CEDAW’s commitment to girls’ education is in part based on the importance of girls’ education to ending poverty. For example, the CEDAW Committee has noted that poverty is more widespread in families “headed by women who had received limited education,” and has applauded commitments to providing free secondary education for all, including pilot projects to train women in non-traditional areas. It has urged Bolivia
  • 12. 12 to implement “nationwide effective educational programs…as a means of poverty alleviation.”  CEDAW’s focus on education is consistent with the high value Americans place on learning, as well as our recognition of the key role played by public education in allowing all young people to achieve the American dream. Here in the U.S., long-standing federal and state laws require equal access to educational institutions and opportunities for boys and girls alike.  CEDAW helps girls stay in school. It specifically calls upon ratifying countries to reduce female students’ drop-out rates and to help girls and women who have left school prematurely to return and complete their education. Accordingly, the CEDAW Committee has recommended that countries take steps to improve girls’ school attendance, including addressing the poverty and social pressures that push too many girls out of school. For example, the Committee has encouraged Bolivia to adopt measures to address the lack of infrastructure, distance, cost of transportation and language barriers that keep indigenous women and girls from staying in school. It has also recommended providing information to parents on the importance of education for girls, to encourage parents to support their daughters in continuing their studies. CEDAW’s concern with keeping girls in school is fully in line with American goals and values. For example, U.S. laws and policies combating harassment and bullying seek to end pressures that push girls and others out of school and to create educational environments conducive to success.  CEDAW encourages broad access to technical and other educational programs where girls and women are often underrepresented.  CEDAW seeks to remove barriers that have historically kept female students from participating in many career and vocational programs. For example, the CEDAW Committee has recommended the development of policies and programs aimed at supporting girls and women who wish to study subjects that few girls and women have traditionally pursued. In addition, it has recommended that a diverse array of educational options be made available for both girls and boys.  CEDAW’s commitment to overcoming barriers to participation in fields of study previously closed to girls and women is squarely in line with U.S. goals and programs. There has long been an effort in the U.S. to find ways to support girls and women who wish to pursue higher paying, traditionally male occupations, such as work as electricians and automotive technicians. For example, the Women’s Educational Equity Act authorizes grants for the improvement of vocational and career education and continuing education activities for women.The Carl D. Perkins Career and Technical Education Act, which enables states to help people become productive members of the work force, identifies among its focus populations “individuals preparing for non-traditional fields.”
  • 13. 13 Various programs also seek to encourage girls and women to study the “STEM” subjects – science, technology, engineering and math. Suggestions: The gendered denial of girls and women’s rights through education demands solutions that address gender and education issues in a comprehensive and coherent way. Precisely because of their multi-layered impact and their multi-dimensional nature, both education and gender offer a number of entry points that can be explored further, so to redress existing discrimination, inequality and injustice. In this light, there are a few suggestions:  Discontinuity: A pervasive, if unstated, logic of privilege and power is there and is strong; so is the decision not to give it up by those who possess that privilege and power. We must discontinue this vicious circle, at all levels, starting from homes and schools. Power is neither good nor bad; it depends on how it is used. If we work with those who fear change as loss of privilege/power and show them that it is not a matter of replacing one power with another, but a matter of enriching each other’s power so that change is beneficial for all, we can foster real progress. This requires bolder work on self- confidence and leadership skills, for both men and women, together, yet with distinct inputs.  Investments: too much attention to primary education has neglected further investment on secondary and higher education, precisely those levels where a person blossoms and develops the skills, knowledge and confidence necessary to enter the job market, build a life in dignity and actively participate in actions for the common good. This is a great opportunity that has been missed for too long. To take it up, States must invest budgetary resources on all levels of education. More efforts are also needed to keep girls in schools, for example through incentives to contrast child marriage and early pregnancies as main reasons for drop-outs. In this light, legislation should also be reviewed so that minimum ages for the end of compulsory education, for marriage and for entry into employment are coherent and aligned.  Flexibility: the focus on accessibility and availability of education needs to include acceptability and adaptability. This means capitalizing on completion of quality secondary education through skills learning, training, and vocational education that are relevant to changes in the job market. It also means working more on content and attitudes: curricula should include life skills such as comprehensive education on sexuality, participatory practices for decision-making, and the means to learn how to address rights, gender, power and power relations. Overall, the school programs should be changed so that educational paths are no longer influenced by rigid cultural expectations on gender roles.  Intersections: more work is needed across areas, about intersections, about multiple forms of discrimination. In substance, focus should be on innovation of and in work, politics,
  • 14. 14 and family: foster flexible time-management, ensure equal pay for equal work, and go beyond mere competition among different areas of girls and women’s life.  Accountability: Education is a State responsibility. Where State capacity is weak, other States and donors have the responsibility to assist. In this view, when implementing policy decisions, States must connect institutional resources with daily practice. Included in legal frameworks and in policies there must be a clear and firm commitment by States to provide the necessary resources to girls and women’s right to education as part of their wider human rights obligations. Only by linking political commitments with legal obligations can we bridge the gap between achievements and enjoyment of rights. Acknowledgements: http://www.un.org/womenwatch/daw/cedaw/history.htm http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV- 8&chapter=4&lang=en http://www.un.org/womenwatch/daw/cedaw/rules/part3/part3E.html http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/Mandate.aspx http://www.ohchr.org/Documents/HRBodies/CEDAW/Statements/CEDAWstatementGirlsEduca tionAsAdopted.pdf http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx http://www.right-to-education.org/resource/keynote-presentation-rights-through-education- cedaw-half-day-general-discussion-girls-and http://www.right-to-education.org/keywords/cedaw http://www.nwlc.org/resource/cedaw-supports-education-women-and-girls http://www.right-to-education.org/blog/girls-and-womens-right-education-hope-renewed-action
  • 15. 15 Reforming labor laws to ensure gender equality in the workplace: What is Labor Law? : Labor law (also labor law or employment law, see spelling differences) mediates the relationship between workers (employees), employers, trade unions and the government. Collective labor law relates to the tripartite relationship between employee, employer and union. Individual labor law concerns employees' rights at work and through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforce labor law (legislative, regulatory, or judicial). Labor law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Workers sought better conditions and the right to join (or avoid joining) a labor union, while employers sought a more predictable, flexible and less costly workforce. The state of labor law at any one time is therefore both the product of, and a component of struggles between various social forces. International labor Organization (ILO) founded on the principle that " labor is not a commodity", and for the reason that "peace can be established only if it is based upon social justice". Sex Based Discrimination: Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex. Discrimination against an individual because that person is transgender is discrimination because of sex is a violation. This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex discrimination claims. These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's non-conformance with sex-stereotypes. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. Gender Equality: Since its founding in 1919, the ILO has been committed to promoting the rights of all women and men at work and achieving equality between them. The ILO vision of gender equality – which coincides with the organization’s four strategic goals – recognizes this goal not only as a basic human right, but intrinsic to the global aim of Decent Work for All Women and Men. This
  • 16. 16 vision is based on the ILO mandate on gender equality as stated in numerous Resolutions of the International labor Conference, the highest policy-making organ of the ILO, as well as relevant International labor Conventions. The ILO Policy on Gender Equality and Mainstreaming, which is made operational through the ILO Gender Equality Action Plan 2010-15, supports a two- pronged approach of gender mainstreaming: systematically analyzing and addressing in all initiatives the specific needs of both women and men, and targeted interventions to enable women and men to participate in – and benefit equally from – development efforts. The achievement of gender equality requires a context in which women and men enjoy equal opportunities and treatment in the world of work, and work/family/care responsibilities are more equally shared. Attending to women workers’ specific needs was a concern for the ILO from the outset. In 1919, during the first International Labor Conference (ILC), six Conventions were adopted, and, of these six, one aimed at ensuring maternity protection for working women. Since this first ILC, the ILO has increasingly been working towards ensuring equal opportunities and treatment for men and women in the world of work, chiefly through the normative ratification and implementation of ILO Conventions and Recommendations, and through promoting the idea that gender equality is justified from a rights-based perspective as well as an economic efficiency or business case argument, both for individual businesses and countries alike. Attending to women workers’ specific needs was a concern for the ILO from the outset. In 1919, during the first International Labor Conference (ILC), six Conventions were adopted, and, of these six, one aimed at ensuring maternity protection for working women. Since this first ILC, the ILO has increasingly been working towards ensuring equal opportunities and treatment for men and women in the world of work, chiefly through the normative ratification and implementation of ILO Conventions and Recommendations, and through promoting the idea that gender equality is justified from a rights-based perspective as well as an economic efficiency or business case argument, both for individual businesses and countries alike. The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), among the most widely ratified ILO conventions, affirms that member States should declare and proactively pursue a national policy to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination based on the ground of, among others, sex. Rethinking of the Labor Laws: It’s high time that measures should be taken to reform the labor laws throughout the world, especially for the Post-2015 era. Some of the problems that are hovering for a long time in the sectors of gender equality are-
  • 17. Unequal Remuneration: It is a subtle chronic problem, which is difficult to overcome without a clear understanding of the concepts and the implications for the workplace and society in general, as well as the introduction of proactive measures. The challenge of applying the pri more prominence in the context of the current economic crisis, with “equal pay” appearing to some as merely an added cost. This Guide clarifies the concepts underlying the principle of equal remuneration for work of equal value and provides guidance on its practical application. While the Guide addresses maternity protection have remained the same newborn; to enable women to combine successfully their reproductive and productive roles; to prevent unequal treatment at work due to their reproductive role; and to promo equality of opportunity and treatment between women and men. The ILO has adopted three maternity protection Conventions: in 1919, 1952, and the most recent in 2000, the Maternity Protection Convention (No. 183). They stipulate protectiv for women who have recently given birth, including the prevention of exposure to health and safety hazards during and after pregnancy, entitlement to paid maternity leave, maternal and child health care and breastfeeding b relation to maternity, and a guaranteed right to return to work after maternity leave. It is a subtle chronic problem, which is difficult to overcome without a clear understanding of the concepts and the implications for the workplace and society in general, as well as the introduction of proactive measures. The challenge of applying the principle has acquired even more prominence in the context of the current economic crisis, with “equal pay” appearing to This Guide clarifies the concepts underlying the principle of equal remuneration for work of nd provides guidance on its practical application. While the Guide addresses specifically equal pay between men and women, as this is a long-standing concern of the ILO and continues to raise challenges today, it is hoped that it will also offer insights to address equal pay on grounds other than sex. Equal remuneration for men and women for work of equal value can be applied in a variety of ways according to each national context. Thus the national examples provided are not intended to be models that must followed, but rather approaches that can inspire further thought. The Guide is aimed at government officials, workers’ and employers’ organizations, policy practitioners, trainers, as well as others interested in this dynamic and evolving area. It draws on the ILO’s policy work in this domain, the technical assistance provided by the Office to ILO’s constituency, and the related comments of the ILO supervisory bodies. Maternity Leave: Throughout its history, the ILO’s concerns regarding y protection have remained the same – to preserve the health of the mother and her newborn; to enable women to combine successfully their reproductive and productive roles; to prevent unequal treatment at work due to their reproductive role; and to promote the principle of equality of opportunity and treatment between women and men. The ILO has adopted three maternity protection Conventions: in 1919, 1952, and the most recent in 2000, the Maternity 183). They stipulate protective measures for pregnant women and for women who have recently given birth, including the prevention of exposure to health and safety hazards during and after pregnancy, entitlement to paid maternity leave, maternal and child health care and breastfeeding breaks, protection against discrimination and dismissal in relation to maternity, and a guaranteed right to return to work after maternity leave. 17 It is a subtle chronic problem, which is difficult to overcome without a clear understanding of the concepts and the implications for the workplace and society in general, as well as the nciple has acquired even more prominence in the context of the current economic crisis, with “equal pay” appearing to This Guide clarifies the concepts underlying the principle of equal remuneration for work of nd provides guidance on its practical application. While the Guide addresses specifically equal pay between men and women, as this is standing concern of the ILO and continues to raise challenges today, it is hoped that it will also offer o address equal pay on grounds other than sex. Equal remuneration for men and women for work of equal value can be applied in a variety of ways according to each national context. Thus the national examples provided are not intended to be models that must be followed, but rather approaches that can inspire further thought. The Guide is aimed at government officials, workers’ and employers’ organizations, policy-makers, practitioners, trainers, as well as others interested in this It draws on the ILO’s policy work in this domain, the technical assistance provided by the Office to ILO’s constituency, and the related comments of the ILO supervisory bodies. Throughout its history, the ILO’s concerns regarding to preserve the health of the mother and her newborn; to enable women to combine successfully their reproductive and productive roles; to te the principle of equality of opportunity and treatment between women and men. The ILO has adopted three maternity protection Conventions: in 1919, 1952, and the most recent in 2000, the Maternity e measures for pregnant women and for women who have recently given birth, including the prevention of exposure to health and safety hazards during and after pregnancy, entitlement to paid maternity leave, maternal and reaks, protection against discrimination and dismissal in relation to maternity, and a guaranteed right to return to work after maternity leave.
  • 18. 18 Sixty-six countries ratified at least one of the three maternity protection Conventions, but the influence of ILO standards extends well beyond ratifications. Not only does almost every country now have some maternity protection legislation, many others also have measures to support workers with family responsibilities, including fathers. This is occurring within a context of broader social developments, including the rise in women’s paid work, the growth in non- standard work (part-time, temporary or casual), population ageing and changes in family patterns. The global economic crisis has in some countries exacerbated pre-existing gender inequalities and highlighted the need to reconfigure both men’s and women’s work.  There has been a gradual global shift towards maternity leave periods that meet or exceed the ILO standard of 14 weeks: the majority of countries now provide leave duration in line with Convention No. 183. No country has cut maternity leave duration since 1994.  Only two of 185 countries and territories studied provide no statutory cash benefits during maternity leave. More than 100 countries now finance benefits through social security, reducing employers’ liability. However, analysis showed that benefits in more than half were neither financially adequate nor sufficiently long-lasting.  Expanding coverage in law and in practice is critical for the approximately 830 million women workers who are not adequately covered in practice, mainly in developing countries. The most recent ILO standard on duration of maternity leave5 mandates a minimum leave period of 14 weeks, up from 12 weeks in the previous Conventions. Recommendation No. 191 encourages ILO member States to increase the period of maternity leave “to at least 18 weeks”. The length of leave is critical in enabling mothers to recover from childbirth and return to work while providing adequate care to their children. When leave is too short, mothers may not feel ready to return to work and drop out of the workforce. However, very long leave periods, or parental leave mostly taken up by women, especially without job protection, may also damage women’s attachment to and advancement in paid work, resulting in wage penalties. Among the 185 countries and territories studied: • 53 per cent (98 countries) meet the ILO standard of at least 14 weeks’ leave; • 42 of those countries meet or exceed the suggested 18 weeks’ leave; • 60 countries provide 12 to 13 weeks’ leave – less than the duration in Convention No. 183, but consistent with previous Conventions; • only 15 per cent (27 countries) provide less than 12 weeks. The longest average statutory durations of maternity leave are in Eastern Europe and Central Asia (almost 27 weeks), and the Developed Economies (21 weeks). The shortest regional average is in the Middle East (9.2 weeks). Trend data7 from 1994 to 2013 show that no single
  • 19. country has reduced its statutory duration of maternity leave. In 1994, 38 provided at least 14 weeks’ leave. By 2013, among this same set of countries, 51 provided at least 14 weeks’ leave. Paternity Leave: Paternity leave is usually a short childbirth to help care for the child and assist the mother. Research suggests links between fathers’ leave, men’s take-up of family responsibilities and child development. Fathers who take leave, especially those taking two weeks or more immediately after childbirth, are more likely to be involved with their young children. This can have positive effects for gender equality in the home and at work and may indicate shifts in relationships and perceptions of parenting roles and prevailing stereotypes. No ILO standard exists concerning paternity leave. However, the Resolution concerning gender equality at the heart of decent work adopted by the International that work-family reconciliation measures concern both men and women. The Resolution calls for governments to develop adequate policies for a better balance of work and family responsibilities, to include paternity and/or parental leave, with incentives for men Sex-based Occupational Segregation: Many women’s economic empowerment programmes tend to promote the idea of women entering non-traditional skills and occupations, as a means of breaking down barriers that impede women’s access to the Labor market. Non have been traditionally considered “men’s work”, such as architecture or engineering. coin is missing. The paucity of men working in early childhood development is a very obvious d its statutory duration of maternity leave. In 1994, 38 per cent of countries provided at least 14 weeks’ leave. By 2013, among this same set of countries, 51 provided at least 14 weeks’ leave. Paternity leave is usually a short period of leave for the father to take immediately following childbirth to help care for the child and assist the mother. Research suggests links between up of family responsibilities and child development. Fathers who take , especially those taking two weeks or more immediately after childbirth, are more likely to be involved with their young children. This can have positive effects for gender equality in the home and at work and may indicate ceptions of parenting roles and prevailing stereotypes. No ILO standard exists concerning paternity leave. However, the Resolution concerning gender equality at the heart of decent work adopted by the International Labor Conference in 2009 recognizes family reconciliation measures concern both men and women. The Resolution calls for governments to develop adequate policies for a better balance of work and family responsibilities, to include paternity and/or parental leave, with incentives for men egregation: Many women’s economic empowerment programmes tend to promote the idea of women traditional skills and occupations, as a means of breaking down barriers that impede women’s access to the Labor market. Non-traditional in this respect refers to occupations that have been traditionally considered “men’s work”, such as architecture or engineering. Sectors and job where men have traditionally been concentrated tend to pay better, whereas women have been concentrated in sectors, such as care work, the activity is seen as supplementary to the man’s income, as he, after all, is the primary breadwinner, or so the narrative goes. A more equal distribution of men and women across different types of jobs for both sexes would make for more equal societies. However, this approach of encouraging nontraditional work tends to focus uniquely on encouraging women to enter sectors traditionally dominated by men. Gender equality initiatives in skills training and employment promotion could equally benefit from encouraging men to enter into non-traditional occupations, or what are known as “women’s work”. And to a large extent this side of the coin is missing. The paucity of men working in early childhood development is a very obvious 19 per cent of countries provided at least 14 weeks’ leave. By 2013, among this same set of countries, 51 per cent period of leave for the father to take immediately following childbirth to help care for the child and assist the mother. Research suggests links between up of family responsibilities and child development. Fathers who take , especially those taking two weeks or more immediately after childbirth, are more likely to This can have positive effects for gender equality in the home and at work and may indicate ceptions of parenting roles and prevailing stereotypes. No ILO standard exists concerning paternity leave. However, the Resolution concerning gender equality Conference in 2009 recognizes family reconciliation measures concern both men and women. The Resolution calls for governments to develop adequate policies for a better balance of work and family responsibilities, to include paternity and/or parental leave, with incentives for men to use them. Many women’s economic empowerment programmes tend to promote the idea of women traditional skills and occupations, as a means of breaking down barriers that impede occupations that have been traditionally considered “men’s work”, such as architecture or engineering. Sectors and job where men have traditionally been concentrated tend to pay better, whereas women have been concentrated in sectors, such as care work, where the activity is seen as supplementary to the man’s income, as he, after all, is the primary breadwinner, or so the narrative goes. A more equal distribution of men and women across different types of jobs for both sexes eties. However, this approach of encouraging nontraditional work tends to focus uniquely on encouraging women to enter sectors traditionally dominated by men. Gender equality initiatives in skills training and employment promotion m encouraging men to enter traditional occupations, or what are known as “women’s work”. And to a large extent this side of the coin is missing. The paucity of men working in early childhood development is a very obvious
  • 20. 20 example. Many of the ideas about women and men’s supposedly fixed roles in society are transmitted to children at an early age, so if there are no men working in nurseries and crèches, or as primary school teachers, then the perception of women as carers becomes embedded in these children’s minds from the outset. Studies show that men’s active engagement with care giving, including as paid child minders, has a positive effect on socialization about roles of girls and boys and makes them more open to questioning traditional gender roles. Men benefit as well, since those who participate more equally in care giving, report better mental and physical health than men who do not. Unpaid Work and Social Protection: Because of the persistent, slow-changing traditional gender division of labor in the household, working women in particular struggle to balance family responsibilities (reproductive work) with employment and income generation (productive work). Inadequate maternity leave and childcare provisions act as disincentives for women’s labor force participation, whereas family-friendly policies (e.g. flexible working hours, parental leave, professional care facilities for children, elders, sick and disabled; social protections and/or safety nets provided by the state) can help to establish a balance between work and family, leading to greater productivity, worker loyalty and less absenteeism (ILO 2009b; Cruz 2012). Unpaid work is one of the most important issues in understanding women’s disadvantaged position in the labor market. This is because women’s and men’s ability to participate in paid work depends on their roles and responsibilities in the household and the community, as well as how women and men undertake unpaid work. Unpaid care work includes housework (meal preparation, cleaning) and care of persons carried out in homes and communities without remuneration. Such work contributes to well-being and feeds into economic growth through the reproduction of a labor force that is fit, productive and capable of learning and creativity. Women perform the bulk of unpaid care work across all economies and cultures. Furthermore, it is estimated that if such work were assigned a monetary value it would constitute between 10 per cent and 39 per cent of GDP (UNRISD 2010). Despite its economic value, and UN efforts to add it to countries’ national system of accounts (NSA), unpaid care work is not included in labor force surveys, nor brought into the calculation of GDP. It is therefore invisible in representations of the economy that inform policy making. Supply Side Consideration: Women are often at the centre of the mismatch between supply and demand in the labor market, particularly at the highly-skilled end. A lack of comprehensive education, adequate skills to participate in the Labor market, technological innovation and skills for entrepreneurship can curb women’s options for decent employment. Moreover, gaps between education curriculum and needs of the Labor market can be disadvantageous to all students, especially in the cases when student chose to study fields that cannot provide for jobs in the long run. Vocational training,
  • 21. 21 designed to fill this gap, is often inaccessible or inapplicable for women workers. Further, women quite often have less access to Labor market information systems and employment services which could broaden their choices and visions (ILO 2009b). Men as primary Bread winners : Occupational segregation based on sex is related to, indeed dominated by the “male breadwinner” model. There is increasing focus, inspired by a men and masculinities approach, to see the male breadwinner model as not a source of power for men, but a source of stress. In line with the 2009 ILC gender equality at the heart of decent work discussions, initiatives looking to tackle excessive hours of work and work-life balance from a men and masculinities approach are therefore possible. It is perhaps a very pertinent place to construct an argument on how gender equality can benefit women and men alike. Taking a nuclear family as an example, established gender roles dictate that the man is the primary breadwinner and the woman the primary career. However the ambitions and skills of the individual woman and man may not be in tune with these roles. The woman may have the capacity to earn more than her husband, and the man may be better at caring for children. Nonetheless, most societies, both culturally, socially and indeed often legally, are built around the idea that men bring in the household income and women look after the children and household chores. As a consequence both women and men’s true talent and ambitions may be squandered. While there is a focus in policy and in the media on enabling women to balance career and family, apart from the occasional “and men too” rhetoric, there is little real focus on men in this regard. Without a men and masculinities approach, the stereotypes will continue to dominate, and women’s economic empowerment will be constrained. More-to- the-point, men will continue to be excluded from taking an equally important role as women in family life. Nowhere is this more evident than in the issue of paternity and parental leave. Sexual Orientation and Gender Identity: Dominant masculinities are often defined by what they are not. For example, the “male gender” is defined against not being women, not sexually passive, not homosexual, nor transsexual. Fear of being perceived as homosexual may prevent men from reporting sexual violence committed against them. Research on sexual orientation and gender identity, such as is being undertaken by the ILO in the project “Promoting Rights, Diversity and Equality (PRIDE) in the World of Work” has elicited how discrimination, harassment and exclusion from the Labor market often happen on the basis of non-conformity with preconceptions of how women and men are expected to behave. Women who are perceived to be “masculine”, or men who are perceived to be “feminine”, in behavior or appearance, suffer discrimination or harassment on this basis. Unpacking sexual orientation and gender identity goes to the core of understanding the construction of gender roles. More awareness about the construction of these roles can promote recognition that differences exist. Some researchers posit that discrimination (violence and attacks) against lesbian, gay, bisexual and transgender people is indeed not “homophobia” or “transphobia”, but gender phobia. In other words, such discrimination is, at its core, a phobia that
  • 22. 22 reflects societies’ gender norms. The same phobia of breaking gender norms can therefore be applied to (heterosexual) men who do not display dominant masculinity, and conversely, to women who do not conform to ideals of femininity, regardless of their sexual orientation. This basic understanding of gender roles as being complex and fluid, rather than ordained, with rigid characteristics attached to them, it is the starting point for men and masculinities work, and indeed for work on gender equality per se. Proposals:  The guaranteed right to return to work to “the same position or an equivalent position paid at the same rate” is an essential protective measure. Of the 146 countries with available information, 64 give legal guarantees for a woman to return to the same post or an equivalent one after maternity leave. However, the majority (82 countries) do not guarantee the right to return to work.  Protection during a period following a woman’s return to work after maternity leave but leaves it to national laws or regulations to define that duration. At least 56 countries specify the time period covered by this protection, which in many cases extends well beyond the expiry of maternity leave.  “Non-discrimination in relation to maternity” refers to the right of all women not to be treated less favorably in a work situation – including access to employment – because of their sex, or due to circumstances arising from their reproductive function. Convention No. 156 extends protection to workers with family responsibilities, both men and women.  Convention No. 183 specifically prohibits requiring women to take pregnancy tests at the time they apply for employment, with a few exceptions related to work based risks to health. However, the explicit prohibition of pregnancy tests does not seem to be widespread in Labor legislation. Among the 141 countries with available information, 47 set out explicit or implicit provisions banning pregnancy tests. The ILO calls for bans on pregnancy tests to be expressly established in national law and practice. It urges policy- makers to design clearer policies on non-discrimination related specifically to a woman’s reproductive function and to workers with family responsibilities.  Breastfeeding contributes to the health of mother and child. After childbirth, many women face potential job and income loss and thus cannot afford to stop work to continue nursing their infant. Without workplace support for breastfeeding, working is incompatible with breastfeeding. Nursing breaks have been part of international standards on maternity protection since 1919. Convention No. 183 leaves it to countries to determine length and number of breaks. In all regions, support is offered for this stage of maternity through national legislation. In fact, 75 per cent of countries (at least 121 out of 160) provide for paid or unpaid daily breaks or a daily reduction in working hours for nursing workers. Yet 39 of the countries analyzed (24 per cent) do not have provisions for nursing. Two-thirds of these (26) are in Africa, Asia and the Caribbean.
  • 23. 23  Governments should prioritize the development of marketable skills through vocational and professional training, skills for technological change and entrepreneurship, and both public and private employment services across regions and make those accessible to women.  Find a combination/ balance between the unpaid works of women and responsibilities of a family. If possible, measures should be taken to include the unpaid works in the labor sector to get the proper acknowledgement.  Ensuring that the work done by women and men is valued fairly, and ending pay discrimination, is essential to achieving gender equality and a core component of decent work. The principle of equal remuneration for men and women for work of equal value, as set out in the Equal Remuneration Convention, 1951 (No. 100), needs to be implemented if equality is to be promoted and pay discrimination is to be addressed effectively, particularly since women and men often do different jobs. While the principle of equal remuneration for men and women for work of equal value, often referred to as “equal pay”, has been widely endorsed, what it actually entails and how it is applied in practice has proved difficult to grasp.  Adopt and implement inclusive laws and policies for effective protection  Prevent and eliminate discrimination against women and men with family responsibilities  Design maternity protection and work-family policies to achieve effective gender equality  Address maternity, paternity and care as collective responsibilities Risk pooling through social insurance or public  Establish preventive health and safety culture at work  Promote the equal sharing of family responsibilities between parents  Create a supportive workplace culture  If necessary, the quota system should be introduced  When developing skills training for women, micro-level actions to promote equality are as important as macro-level commitments; training needs to be flexible and adapted to the time constraints of women. Further, encouraging non-traditional skills (often through vocational training) is helpful to encourage participation in different, under-explored sectors of the labor market (ILO 2009b). Ensuring that women are trained in market relevant skills is essential to combat labor market segmentation and occupational segregation.  Making sure that women have equal access to employment opportunities throughout the employment process is essential. All countries (with the exception of the occupied Palestinian territories that are not privy) have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), although some have registered reservations. Nevertheless, there remain sizable gaps between the spirit of the law and practice. Many NEPs have explicitly outlawed gender-based discrimination without providing a definition of what “discrimination” entails. Others lack enforcement
  • 24. 24 procedures, jurisprudence or means of conciliation and arbitration to settle work-related disputes. While these discrepancies can have implications on all facets of women’s lives, from inheritance to marriage, they also have direct effect on recruitment, hiring and firing practices.  Designing effective gender responsive NEPs: National employment policies should prioritize productive employment, decent work and income opportunities within their macro analysis, sectoral or economic stimulus strategies, and should be developed in consultation with social partners and endorsed by the government (cabinet, parliament or inter-ministerial committees) (ILO 2012c). Therefore, broadly speaking, an effective NEP requires coherence among economic and social policies, inclusive structures and accountability of the policy to its citizens, women and men alike. Without these milestones, a policy will not serve the needs of people who face decent work challenges, women or otherwise. Some of the guiding questions that should be asked of a gender responsive NEP include:  Does the NEP include a mechanism to create and share an evidence base for informed policy formulation and programme implementation?  Does the NEP support the development of enabling institutional mechanisms to promote gender equality?  Does the NEP facilitate advocacy dialogue relating to gender issues among key stakeholders?  Does the NEP act in coherence with other policies to guide social, political and economic growth? Case Studies: The feminization of manufacturing Labor - the South Korean "miracle": The Republic of Korea's successful economic growth model, which was based on strong central government trade, industrial and technology policies, has long been emulated by policy‐makers from many developing countries. The Republic of Korea’s economy started to gain momentum from the 1960s, with the help of targeted investments in strategic sectors to help industries acquire the technology they needed to upgrade. High rates of growth and structural transformation guaranteed near-full employment, increased wages and the birth of strong corporate welfare. Yet in order to facilitate this kind of upgrade, low wages for women - roughly half those of men - provided a stimulus to growth, since women’s low wages kept the cost of exports down, financing the acquisition of technology (Seguino 2000a, 2000b). These low-cost exports were produced primarily by women, who faced job segregation in export industries. Young, unmarried women played a key role in the early, Labor-intensive phase of industrialization between the early 1960s and 1973, with state policy deliberately mobilizing such Labor. Increasing numbers of women workers also precipitated a shift from agriculture to manufacturing, with women’s share of total employment increasing (Razavi et al. 2012, p. 7).
  • 25. 25 Yet from the 1980s onward, post-industrial strategies turned from the Labor-intensive production to capital-intensive production in an attempt to upgrade the economy technologically. The opening up to foreign direct investment and domestic capital mobility from the 1980s has reversed into a “defeminization of Labor” (Berik 2009), as the composition of the workforce in the electronics industry changed in favour of male workers, producing more sophisticated communications and computer products (UN 1999). Contrary to “typical” patterns of growth after the implementation of FDI, the Republic of Korea’s experience has shown a negative correlation between job creation, FDI and gender equality. Senegal: Agricultural policies, especially in Africa, paint an even more complicated picture. Agriculture accounts for a huge percentage (sometimes 80 per cent or more) of the workforce, many of whom are unskilled small-scale holders with low-productivity. In many cases, women are disproportionately represented within Labor-intensive agroindustrial settings, and as own- account and contributing family workers. For example, in Senegal, women make up 90 per cent of the share of workers in French beans and 60 per cent in cherry tomatoes, as well as 85 per cent of the overall agricultural Labor force. Despite (or perhaps, because of) their concentration and work in these sectors, their work may not be given appropriate monetary value, thus undervaluing their economic contribution, particularly in subsistence agriculture. Uganda: "One Village One Product" for Ugandan women A One Village One Product programme (OVOP) was introduced in Uganda in 2008 as an integrated community development approach to increase incomes and wealth for Ugandans through adding value to local resources, human capital development and subsequent marketing of high value added products and services. The business model is fairly simple: every village is endowed with unique resources, which if converted into unique products through value-addition, and marketed nationally and international, could substantially improve the livelihoods of the rural poor (Republic of Uganda 2012). The local people are the basis of success within the programme, and the kind of human resource development – including business management, community leadership, product development and marketing – helps to build skills within the community (see UNIDO 2008). China: China’s NEP, states that “with the exception of certain types of work positions designated by the state as unsuitable to women, no employer shall refuse to recruit women”, a statement which could be seen to establish a form of “state-sponsored” gender discrimination. Further, sometimes counter-intuitive goals get in the way of realizing equality: in the Seychelles, for example, the NEP aims to reduce the instances of termination of employment on the grounds of discrimination and to reduce the number of terminations based on victimization by employers. Instead of achieving the goal of a friendlier, more gender responsive workplace, such policies instead
  • 26. 26 encourage women not to report instances of victimization or unjust termination for fear of reprisal. In contrast, aiming to increase the number of reports of terminations of employment based on the ground of sex discrimination or victimization by employers, though seemingly antithesis to the goal of gender responsiveness, demonstrates that women are comfortable enough to complain. Rather than using punitive measures that discourage “bad behavior” which could push complaints underground, states should work to build a work environment in which women feel comfortable to voice their complaints. The AUWNMUN CEDAW-2015 dais expects, the delegates will go through the Charter of the CEDAW as well as UN; their respective country’s national policy, human rights policy, constitution and especially study the rights related to the gender. This dais believes throughout the conference a feasible framework will be developed by utilizing the human rights base approach to empower the women irrespective of religion, age, caste and society. This study guide provides a small portion of basic information, therefore the delegates must have a thorough research as much as possible regarding this topic and, in particular concerning the conflict inflicted areas, with a focus on the respective country especially. Delegates should address the following when creating draft resolutions:  Recommending policies to assist the women in the work sectors.  Ensuring the implementations of the existing policies.  Outlining policies to incorporate the girls’ education with proper care in order to empower them.