CIVIL & POLITICAL RIGHTS

The United Nations General Assembly adopted the Convention on the Elimination of Discrimination Against Women (CEDAW) in 1979. This landmark treaty was the first convention to address comprehensively women's rights within political, cultural, economic, social, and family life. In numerous countries, the treaty has become a proven and effective tool for improving equity. As of October 1999, 165 countries have ratified the Convention. The US is the lone industrialized democracy and one of only a handful of countries yet to ratify CEDAW.

US laws, while reflecting a commitment to the civil and political rights of all individuals, do not create rights for women that are specific to their day-to-day reality. CEDAW advances the interests of humanity in a way that integrates the situation of women.

CEDAW CALLS FOR STATE PARTIES TO CONDEMN DISCRIMINATION IN ALL ITS FORMS

U.S. Law

• US Constitution does not expressly guarantee the equality of women.
  
  
• Although a number of federal statutes, such as Title VII, bar discrimination on the basis of sex, there are still a significant number that do not expressly address discrimination based on sex.
  
  
• CEDAW prohibits both intentionally discriminatory laws and laws that, while on surface do not discriminate, have the effect or impact of discriminating based on sex. US law does not prohibit discriminatory effects or "impact" in all contexts.

How CEDAW Would Help

• CEDAW ratification would encourage adoption of measures that provide protection from discrimination against women on a uniform and nation-wide basis.

CEDAW CALLS UPON STATES PARTIES TO ADOPT TEMPORARY SPECIAL MEASURES AIMED AT ACCELERATING DE FACTO EQUALITY BETWEEN MEN AND WOMEN

U.S. Law

• Special measures aimed at accelerating equality between men and women or "affirmative action" programs, have long been upheld by US courts against the charge that they constitute unlawful gender discrimination. Programs providing preferential treatment to women have been recognized as a legitimate means of eradicating the effects of prior discrimination and promoting equality.
  
  
• Various federal laws are designed specifically to encourage women to become involved in non-traditional education and employment fields in order to achieve equality of opportunity.
  
  
• However, the current trend in state law reflects a retreat and withdrawal from affirmative action programs. Since 1996, Texas, Washington, and more than a dozen cities have passed anti-affirmative action laws.

How CEDAW Would Help

• CEDAW ratification would reflect the country's commitment to maintaining temporary special measures that advance the equal participation of women in civil, political, economic, social and cultural arenas until that goal is achieved.
  
  
• The states may note this national commitment and international standard in reviewing their affirmative action programs.

CEDAW CALLS UPON STATES PARTIES TO END DISCRIMINATION AGAINST WOMEN IN POLITICAL AND PUBLIC LIFE AND TO ENSURE TO WOMEN THE OPPORTUNITY TO REPRESENT THEIR GOVERNMENTS AT THE INTERNATIONAL LEVEL

U.S. Law

• Participation in the US political process is primarily based upon one's right to vote and run for office. Although the Constitution affirmatively protects women's right to vote, of the 100 members of the United States Senate, only nine are women. Moreover, women hold only 28 percent of statewide elective executive positions, which include governor and lieutenant governor as well as elected secretary of state, attorney general, state treasurer, controller, and various other offices.
  
  
• No federal law currently ensures non-discrimination in private "non-governmental organizations and associations concerned with the public and political life of the country."
  
  
• US law does not impose any formal restrictions regarding the political appointment of women to an international position. However, federal law does not specifically prohibit discrimination against women in this area.
  
  
• Title VII, which generally protects women from discrimination in employment, does not apply to appointments to legislative or executive positions because such jobs are not in the competitive service.
  
  
• Several provisions of the Foreign Service Act take affirmative steps to eliminate discrimination on the basis of sex.
  
  
• To date, women in the US do not enjoy political status, access or influence equal to that of men.

How CEDAW Would Help

• In compliance with CEDAW, the US would take appropriate measures to involve more women at decision-making levels of government. The US could also rely on the temporary measures provisions to advance women's integration into politics. Such efforts, undertaken by the government, could set a standard for inclusion of women in decision-making levels in the private sector.
  
  
• CEDAW would further strengthen the applicability of the Foreign Service Act in its facilitation and encouragement of equal opportunity and fair and equitable treatment without regard to sex.

HOW CEDAW HAS CHANGED THE LIVES OF WOMEN & GIRLS THROUGHOUT THE WORLD

• The Brazilian constitution was redrafted in 1988 and now includes extensive guarantees of women's human rights. CEDAW was a very useful tool for women's advocacy around this constitution.
  
  
• The Ugandan constitution was rewritten in 1995 and the women working on proposals for the new constitution referred to CEDAW as establishing a minimum acceptable standard. The Convention is reflected in a number of important provisions of the Ugandan constitution.
  
  
• Twenty-two of the countries that have ratified CEDAW have adopted laws and policies to advance equal participation of women in decision-making.

FOR ADDITIONAL INFORMATION, CONTACT THE CO-CHAIRS OF THE WORKING GROUP ON THE WOMEN'S HUMAN RIGHTS TREATY:
Pat Rengel, Amnesty International, U.S.A.
tel: (202) 675-8577, fax: (202) 546-7142, E-Mail: prengel@aiusa.org,
Website: http://www.amnestyusa.org/commit
Kit Cosby, Bahá'ís of the U.S.
tel: (202) 833-8990, fax: (202) 833-8988, E-Mail: usnsa-oea@usbnc.org,
Website: http://www.us.bahai.org/cedaw