Convention on the Elimination of All Forms of Discrimination against Women

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is a key international legal instrument which provide the basis for realising equality between women and men through ensuring women’s equal access to, and equal opportunities in education, health, employment, as well as political and public life.  

Australia became a signatory to the CEDAW in 1980 and ratified it in 1983.  CEDAW is partially incorporated into Australia’s domestic law through the Sex Discrimination Act 1984.  

 The Committee on the Elimination of Discrimination against Women is the treaty body responsible to monitor implementation of the CEDAW.  The Committee consists of 23 independent members who are elected for a term of four years.  

The Committee meets three times a year to perform its functions.  

While independent experts are elected by States parties, they serve the role in their personal capacity and do not represent any State.  

In addition to formulating general recommendations and reviewing country reports by States parties, the Committee is mandated by the Optional Protocol to receive and consider communications from individuals regarding claims of violations of rights protected under the CEDAW, and also to initiate inquiries into situations of grave or systematic violations of women’s rights.  

Main Provisions of CEDAW

Substantive rights and State party obligations contained in the CEDAW which are of relevance to Aboriginal and Torres Strait Islander Peoples and people groups include:

the right to substantive equality and non‑discrimination on the basis of sex

a prohibition on trafficking and prostitution of women

the right to equal participation in political and public life

the right to equal participation in all aspects of social and cultural life, including education, employment, social security, healthcare and family benefits

equality before the law

equality in all matters relating to marriage (including property and custody issues)

The Committee’s Concluding Observations on Australia

 In February 2006, the Committee on the Elimination of Discrimination against Women released its Concluding Observations on Australia’s compliance with CEDAW.  Concerns expressed by the Committee in respect to Australia’s implementation of the Convention as it relates particularly to Aboriginal and Torres Straight Islander women include the following:

the adoption of special measures under the Sex Discrimination Act which fail to support the adoption of quotas or targets to promote greater participation of Indigenous women in political and public life;

the continuing prevalence of domestic and sexual violence within Indigenous communities;

unsatisfactory participation of Indigenous women in areas such as politics, education and health; and

the high percentage of Indigenous women in criminal detention.

A copy of the full Concluding Observations is available here. 

Australia has submitted its sixth and seventh periodic report in a combined report in 2008, which will be considered by the Committee in its upcoming session in July 2010.

CEDAW General Comments

 The Committee publishes its interpretation of the content of provisions of the CEDAW in the form of “General Comments”.  The Committee has issued the following General Comments that are of particular relevance to Aboriginal and Torres Strait Islander peoples:

General Comments Nos 12 and 19: Violence against women

 These General Comments recognise gender-based violence and its impact on the enjoyment by women of human rights and fundamental freedoms.

General Comments No 23: Women in political and public life

This General Comment contains the Committee’s remarks and opinions on specific articles of the Convention which relates to the participation of women in public and political spheres.

General Comment No 24: Women and health (article 12)

This General Comment addresses implementation duties and obligations of States parties to realize the right of women to the highest attainable standard of health.  Also included, are recommended strategies and approaches for government action.

Copies of CEDAW General Recommendations are available here.

Individual Complaints Mechanism

Any individual who claims that her or his rights have under the CEDAW have been violated may make an individual complaint to the Committee. 

Australia has declared under the Optional Protocol to the Convention that it recognises the competence of the Committee to receive and consider complaints from individuals or groups within its jurisdiction.

Related Links

Click here for a copy of the CEDAW

Click here for the Optional Protocol to CEDAW

Click here for further information about the Committee on the Elimination of Discrimination against Women