The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the most comprehensive international treaty addressing women’s human rights. CEDAW seeks to promote the well-being of women and girls by establishing internationally recognized human rights standards in the areas of political, economic, social, cultural, and family life. The establishment of minimum standards for women’s human rights enables women to advocate for an end to discriminatory practices.
CEDAW defines discrimination against women as:
"[A]ny 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 a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." (Article 1)
The Treaty is often referred to as the international women’s “Bill of Rights”. CEDAW resulted from the determined efforts of the UN Commission on the Status of Women (UNCSW) and the 1975 First World Conference on Women in Mexico. It was adopted by the United Nations on December 18, 1979 and subsequently ratified by 182 member states. Since its inception CEDAW has proven a useful tool in upholding women’s rights. The Treaty has been invoked to end discriminatory laws and employments practices and to help pass legislation addressing sex trafficking and domestic violence.
The United States & CEDAW
The United States signed the Treaty in 1980, but over 25 years later has not yet ratified CEDAW. As one of only a handful of UN member states that has not ratified CEDAW, the US is in the company of countries such as Iran, Sudan, and Somalia. Additionally, the United States is the only industrialized nation that has failed to ratify the Treaty. The US government traditionally supports international human rights treaties and previous administrations ratified similar treaties on political rights, race, and torture.
Critics of the Treaty have misconstrued the true purpose and potential impacts of ratification. It is important that these myths are dispelled and the US government ratifies CEDAW in order that the country maintains its established support for international human rights treaties.
Common CEDAW myths:
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Ratifying CEDAW is detrimental to US sovereignty and allows the international community to dictate domestic policy. |
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CEDAW is a “non-self-executing” treaty. This means ratification does not in anyway impose upon US federal law. Domestic law takes precedence in every matter. Additionally, the US is able to express any reservations that it might have to particular sections of the treaty. |
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CEDAW promotes abortion. |
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The Treaty intentionally does not address the issue of abortion. |
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The Treaty prohibits single-sex education. |
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CEDAW does not prohibit single-sex schools. It simply requires that girls have equal access to education. |
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The Treaty’s definition of discrimination is too broad and will lead to frivolous lawsuits. |
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As a non-self-executing treaty, CEDAW does not authorize domestic lawsuits. Furthermore, the scope of the definition of discrimination in CEDAW is comparable to the definition of discrimination in the Conventions to Eliminate Racial Discrimination (CERD), which was ratified by the US in 1994. |
What needs to happen for US ratification of CEDAW?
First, the Senate Foreign Relations Committee must approve CEDAW, then two-thirds of the Senate must vote in support of it, and finally the President must sign it. For many years approval in the Senate Foreign Relations Committee was stalled by former leadership. A 2002 State Department review of the Treaty decided that CEDAW was “generally desirable and should be ratified.” However, the current administration has order further review by the Department of Justice.
While the US government has stalled the ratification of CEDAW, dozens of civil society organizations have taken up the cause. Nearly 200 religious, community, and civil groups support the ratification of CEDAW, including the Episcopal Church, the League of Women Voters, the AFL-CIO, and the United Methodist Church. Additionally, San Francisco based a 1998 ordinance upholding the principles of CEDAW and established a CEDAW taskforce. New York City is considering a similar ordinance that would also include the Convention on the Elimination of Racial Discrimination.
Take Action:
- Educate your Senator on the importance of CEDAW
- Inform others about the real impact of CEDAW in the US
- Work with local organization/ religious groups to educate & advocate for CEDAW
- Encourage women leaders to speak out about ratification
- Step-by-Step Outline on How to Pass CEDAW in your City
Additional Information:
Convention on the Elimination of all Forms of Discrimination Against Women
Current members of the Senate Foreign Relations Committee
Amnesty International
Episcopal Public Policy Network
Episcopal Public Policy Network – CEDAW Bulletin Insert
Human Rights Watch
Treaty for the Rights of Women
WEDO CEDAW Fact Sheet
