Until the entry into force of the optional Protocol on 22 December 2000, there were two
ways CEDAW was enforced:
The Reporting Procedure
States parties have to submit a national report to the Committee within one year of
accession or ratification of CEDAW and thereafter every 4 years or when the Committee
requests. In the reports, States must indicate the measures they have adopted to give
effect to the provisions of the CEDAW. The Committee discusses these reports with
Government representatives and explores areas for further action by the specific country.
The interstate procedure
Under article 29 of CEDAW, two or more State parties can refer disputes about the
interpretation and implementation of CEDAW to arbitration, and if the dispute is not
settled, it can be referred to the International Court of Justice. This procedure is
subject to a large number of reservations and has never been used .
There are also other ways in which women's human rights are monitored by the United
The CSW Communications Procedure
Under this procedure, the CSW can receive confidential and non- confidential
communications about discrimination against women. This procedure is a source of
information for policy-making by the CSW but is not linked to the legal framework of
CEDAW. It does not assist with individual cases or deal with urgent situations where
individuals are suffering continued violations.
Special Rapporteur on Violence Against Women
The special rapporteur was appointed in 1994 by resolution 1994/45 of the Commission
on Human Rights. Her mandate was renewed by resolution 1997/44 of the Commission. As well
as considering the issue of violence against women generally, the special rapporteur has
established procedures to seek information from governments concerning specific cases of
The First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR)
The first Optional Protocol to the ICCPR allows individuals, whose countries are party to the ICCPR and the protocol, who claim
their rights under the ICCPR have been violated, and who have exhausted all domestic
remedies, to submit written communications to the UN Human Rights Committee.
States parties to the ICCPR undertake to ensure that women and men enjoy all the civil
and political rights in the Covenant on a basis of equality. In addition, article 26 of
the ICCPR provides that all people are equal before the law, are entitled to equal
protection of the law without discrimination, and that the law shall guarantee equal and
effective protection against discrimination. The Human Rights Committee has decided that
article 26 of the ICCPR prohibits discrimination in law or in fact in any field regulated
by public authorities and that the scope of article 26 is not limited to civil and
Article 26 can therefore be used to challenge discriminatory laws whether or not they
relate to civil and political rights. For example, article 26 was used as the basis of a
communication under the first Optional Protocol to the ICCPR to challenge a social
security law that discriminated on the ground of sex in the case Broeks v Netherlands.
In a number of cases women have used the communication
procedure under the first Optional Protocol to the ICCPR to complain to the Human Rights
Committee of the UN about sex discrimination which breaches the ICCPR.
Other Communication procedures
In addition to the procedure under the first Optional Protocol to the ICCPR, women can
use existing procedures to complain about some violations of their rights, for example:
- The Convention on the Elimination of All Forms of Racial Discrimination (article 14)
- The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (communications procedure - article 22)
- The 1503 Procedure of the Commission of Human Rights.
The bodies which receive complaints under these procedures, unlike the Committee on the
Elimination of Discrimination Against Women, are not specifically directed to gender
issues. Features of the Optional Protocol to CEDAW, especially appropriate to women are:
- the Optional Protocol to CEDAW has an inquiry procedure,
- individuals, groups of individuals and NGOs may have standing to submit communications,
- the Optional Protocol to CEDAW incorporates a settlement procedure which would allow
the Committee to facilitate settlements of disputes in some circumstances.
Under a communications procedure, the Committee will be able to focus on individual
cases when considering CEDAW. It would be able to say what is required from States in
individual circumstances. This would help States to understand better the meaning of the
obligations they have undertaken by acceding to CEDAW.
The Committee's views on communications would amount to what is called jurisprudence.
Jurisprudence is the term used for a body of case law about any particular subject. It is
used for guidance in interpreting laws. Jurisprudence from communications would provide
clarification and guidance for States and for individuals about States' obligations under
CEDAW. This has occurred with the ICCPR in regard to the publication of the Human Rights
Committee's views on the cases that have been brought to it under the Optional Protocol to
The Optional Protocol should encourage States to implement CEDAW to avoid complaints
being made against them. The possibility of complaints being made might also be an
incentive for States to provide more effective local remedies.
Under the Optional Protocol, the Committee would be able to request the State party
concerned to take specific measures to remedy violations of CEDAW. Requests might include:
- the amendment of legislation,
- stopping discriminatory practices,
- implementing affirmative action measures.
The Optional Protocol to CEDAW is the first gender specific international complaints
procedure. As well as putting CEDAW on a par with human rights treaties which have
complaints procedures, it enhances existing mechanisms by specifically incorporating
practices and procedures that have been developed under other complaints procedures.
The human rights treaties which also have international complaints procedures are:
- The International Covenant on Civil and Political Rights (ICCPR) in its first Optional Protocol,
- The Convention on the Elimination of All Forms of Racial Discrimination (article 14),
- The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (includes an inquiry procedure).
In addition, some regional human rights instruments have optional complaints
The Optional Protocol requires States to publicize the Optional Protocol and its
procedures. Communications and inquiries under the Optional Protocol will receive
publicity which will increase public awareness of CEDAW and the Optional Protocol. This
has been the case with communications submitted under existing complaints procedures and
in particular, communications under the first Optional Protocol to the ICCPR.