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Women's Human Rights (CEDAW (1979) (Important notes on CEDAW (Has no…
Women's Human Rights
CEDAW (1979)
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Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:
Embody the principle of the equality of men and women in their
- national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means
- the practical realization of this principle
Adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women
Legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
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appropriate measures to eliminate discrimination against women by any person, organization or enterprise
abolish existing laws, regulations, customs and practices which constitute discrimination against women;
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Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.
Article 16
States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
Article 28
- The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.
- A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
- Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.
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CEDAW optional protocol
By ratifying the Optional Protocol, a State recognizes the competence of the Committee on the Elimination of Discrimination against Women -- the body that monitors States parties' compliance with the Convention --
- to receive and consider complaints from individuals
- or groups within its jurisdiction.
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Maria Eugenia Case
This case is a major step in the elimination of stereotyped views on the role of women and men within the family and, consequently, a significant progress in the effective realization of the right to equal treatment and non discrimination of women in Latin America. Furthermore, the case shows the potential of the Inter-American system to protect social rights such as the right to work through the right to non discrimination.
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