Convention on the Elimination of All Forms of Discrimination against Women (1979)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the UN General Assembly on 18 December 1979 and entered into force in 1981. It is often described as an international bill of rights for women.

Definition of Discrimination

Article 1 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 of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. The definition covers indirect as well as direct discrimination.

Obligations of States

States must embody the principle of equality in their constitutions and legislation, prohibit discrimination, establish legal protection through tribunals, and modify or abolish laws, regulations, customs and practices that discriminate against women (Article 2). Temporary special measures to accelerate de facto equality, such as quotas, are not considered discrimination (Article 4).

Areas Covered

The Convention addresses trafficking and exploitation of prostitution, political and public life, nationality, education, employment, health care, economic and social benefits, rural women, equality before the law and in civil matters, and equality in marriage and family relations.

Monitoring

The CEDAW Committee reviews state reports, and its General Recommendations, such as General Recommendation No. 19 and No. 35 on gender-based violence, guide interpretation.

In Indonesia

Indonesia ratified CEDAW by Law No. 7 of 1984. Its principles are reflected in the Law on the Elimination of Domestic Violence (2004), the thirty per cent quota for women candidates in electoral legislation, the Law on Sexual Violence Crimes (2022), and the work of the National Commission on Violence against Women (Komnas Perempuan).