CRC and CEDAW Denise Scotto Guest Speaker at WGG

 CRC and CEDAW are legally binding instruments that Governments sign on to.  Governments have an obligation to take action once they sign the convention.  There is Due Obligation from Governments.  Law gives benefits.  Both the CRC and CEDAW are of interest.  CRC – benefits children, both girls and boys under 18 years of age.  CEDAW represents women of all ages – girls and the older woman.  Harmful practices done to very young girls are addressed in CEDAW.

 Government pass a law saying that they are bound by the treaty or that the treaty incorporates into their law.  Do you have legislation that implements or does it incorporate automatically?  This is important – if there is no implementation of the law then there is nothing.  Domestic legislation is required.

 CRC came into force in It marked a shift in mindsets – children are not property to be owned but children are to be respected as humans with rights and fundamental freedoms.  CRC is a human rights framework for children.  The US is not party to the CRC or CEDAW.  CRC has two protocols. The US has signed both protocols.

 Optional Protocol to the CRC on The Sale of Children, Child Prostitution and Child Pornography – there are links with this Protocol and the Palermo Protocol!  Optional Protocol to the CRC on the Involvement of Children in Armed Conflict.  There is a lot of law but political will for implementation is required.  Article 2 of CRC needs to have political will behind it to have a different world.

 “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic, or social origin, property, disability, birth or other status.” Article 2

 Article 9 makes reference to abuse and neglected children. Abuse and neglect of children is a big issue in the US.  ?? Disabled children are included here – women and young girls are among the disabled. There is also a Convention on the Rights of Peoples with Disabilities.  Article 24 Health: “States Parties recognise the rights of the child to the enjoyment of the highest attainable standard of health...” Health of mothers is mentioned too. It is interesting how the CRC talks of mothers.

 CRC Article 24, section 3 refers to abolishing traditional practices prejudicial to the health of children. This includes early marriage, FGM etc.  CEDAW in article 14 has done a lot of work on health issues and FGM.  CRC Article 27 refers to the right of girls and boys to adequate nutrition, clothing and housing.  CRC Article 28 refers to education. All types of education – primary, secondary and higher.

 CRC Article 29 refers to the development of the child to “their fullest potential.”  The protocols deal with the sale of children, child prostitution and child pornography and children in armed conflict. The Protocols are saying ‘Don’t exploit Children’.

 In the preamble of CEDAW there is reference to the Universal Declaration of Human Rights – everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex.

 CEDAW Article 1 gives a definition of discrimination: ‘... the term “discrimination against women” shall mean 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 the basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.’

 CEDAW is legislation that aims to abolish laws that are discriminatory – nationality, citizenship, rights to inherit property, etc.  A lot needs to be done to change the attitudes of men and boys.  CEDAW Article 5b notes the role of men and women in bringing up children: “... recognition of the common responsibility of men and women in the upbringing and development of their children...”

 CEDAW Article 6: “States parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.”  CEDAW Article 7: Eliminate discrimination against women in the political and public life of the country.  CEDAW Article 9: Same rights as men to acquire, change or retain their nationality.  CEDAW Article 10: Equal rights with men in the field of education.

 CEDAW Article 12: Eliminate discrimination in the area of health care.  CEDAW Article 14 takes account of the problems faced by Rural Women.  CEDAW Article 15 refers to women’s equality with men before the law. Societies have different standards. Schools of Islam and different interpretations – these affect marriage, nationality, custody of the children, right to divorce and honour killings.

 CEDAW Article 16: matters related to marriage and the family. The interpretation of national law can be discriminatory towards women. A lot of patriarch in religion which reinforces to the benefit of men. Committees  Both the CEDAW and the CRC have Committees.  Governments are bound to report to the committee on how they are implementing the law – laws passed, laws repealed, budget allocation, etc.

 Governments are obligated to report.  Various government ministers e.g. – justice, education, social welfare, come to report.  Experts on the committee question them on the implementation of the convention.  Governments are present to talk of how they are implementing, harmonizing laws, etc.  Another voice – the voice of NGOs is also heard. NGOs work together to present an alternative report. (Not a shadow report)  NGOs indicate the gaps, point to the inadequacies, say what has not been implemented.

 NGOs point to discriminations that exist, lack of funding, lack of services.  CEDAW experts are very dedicated and committed.  CEDAW experts take the reports of NGOs very seriously.  There is a one hour slot for NGOs to provide alternative information – 3 min slots on the most pressing issues.  CEDAW experts ask questions of the NGOs.

 It is important to use both treaties – the CRC and CEDAW.  The High Commissioner for Human Rights wants people to work together.  Special Rapporteurs have a willingness to work together.  CRC and CEDAW are complementary.

Question: Lifecycle and Language:  Lifecycle approach is in CEDAW – girls and older women. Article 10 section A on education – preschool, general, technical, professional and higher technical education. These refer to women throughout their lifecycle.  CRC Article 3 “best interest of the child”. Subsection 2... his or her wellbeing... of his or her parents... Responsible for him or her... Language is important.

 Recommendation on Migrant Women and Recommendation on the Older Woman. How do recommendations work?  Recommendations elaborate on areas in the Convention that are not specifically discussed.  Recommendations are more about politics than the law. The General recommendations are like the provisions of the treaty. If a government is party to the Convention then is bound by the recommendation and is supposed to be included to advance women’s progress.

CEDAW’s Concluding Comments:  The CEDAW Committee issues concluding comments once they have heard the country report.  These are often overlooked and misunderstood.  The concluding comments are threads for NGOs to take up and hold Government accountable.  If there is no political will where is the due diligence?  Governments often do not pay attention to concluding comments.

Questions about individual complaints:  How important is the domestic procedure?  CRC and CEDAW have communication procedures. First exhaust all remedies. Start locally. An individual can bring a complaint – use the optional protocol.  Some States in the USA have adopted CEDAW.  Mission visits show the seriousness of people about an issue.  Currently there are new experts on the CEDAW Committee. The Role of WGG is to establish a relationship with them.

 WGG has started the process – want CRC and CEDAW to draft a joint general recommendation on the girl child.