WHRC CEDAW and the UN Guide to CEDAW

WHRC CEDAW and the UN Guide to CEDAW at UN Committee on the Status of Women Parallel Event - March 2021 28 th February 2021 Thoughts from an international lawyer

UN system 194 United Nations member states - world's largest intergovernmental organisation All have equal say in UN General Assembly and over any Human Rights text that is negotiated Many states strongly anti-women's and child rights, and pushing back Also strongly anti – LGB rights - currently 10 countries where homosexuality may be punishable by death, approx. 73 countries criminalize homosexual activity – Total 83 T has been slid onto end of LGB (which actually based on sex) in current campaigning Campaigners will be trying to get a whole package through, can LGB free themselves? UN Women is the UN entity dedicated to gender equality and empowerment of women, covering everything the UN does - https: //www. unwomen. org/en Commission on the Status of Women (CSW or UNCSW) is a functional commission of the United Nations Economic and Social Council (ECOSOC), founded 74 years ago

Conventions/Treaties legally binding Note: To sign indicates country agreed final text, to ratify is to be legally bound by the convention or treaty Declarations/Covenants/Resolutions/Recommendations are not • Declarations are not legally binding but carry considerable moral force and serve as a clear indication of the commitments of the international community • The real meaning of words - e. g. it's a recommendation, not a law • WHRC has a Declaration… it's not binding • Yogyakarta Principles … illogical, incoherent wish list

Universal Declaration of Human Rights – UN - 1950 Elaborated upon the idea of ‘human rights’ as derived from founding UN Charter • A common standard of achievements for all peoples and all nations and for the first time, that fundamental human rights for individuals to be universally protected by states https: //www. un. org/en/universal-declaration-human-rights/ Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. (1950 – sorry!) Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. This has never been amended

UN Human Rights are: • Universal • Interdependent and interrelated. • Covers everyone that belongs to the human race • Sex-based • Depend on the rule of law being enforced • Depend on good collection of statistics • Cannot be removed by cultural or religious ideas • Cannot be voluntarily given away • UN documents passim

Nine core int. human rights treaties (here Conventions) developed from the Universal Declaration: 1. 2. 3. 4. 5. 6. 7. 8. 9. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1969. International Covenant on Civil and Political Rights (ICCPR) 1976 (HRC) International Covenant on Economic, Social and Cultural Rights (ICESCR) - 1976 Convention on Elimination of All Forms of Discrimination against Women (CEDAW) – 1981 NOT the US! Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 2006 Convention on the Rights of the Child (CRC) 1990 - NOT the US! International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) 2003 International Convention for the Protection of All Persons from Enforced Disappearance (CED) 2010 Convention on the Rights of Persons with Disabilities (CRPD) 2008 https: //www. ohchr. org/Documents/Publications/Core. International. Human. Rights. Treaties_en. pdf there is no mention of sexual orientation or gender identity in the UN’s human rights treaties

Conventions are legally binding, in a certain way Why do we not have all these rights from these Conventions in our own national laws – Zack! bong! whoosh! ? see e. g. Article 2 – CEDAW - …. agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women … It's a country promising to enter into a process … A country has to change its own laws • No end date ( soon) • There is no Supreme Human Rights Court to go to… • But, but …. . other courts use these human rights • But it is open – ended - can tackle new problems https: //www. un. org/womenwatch/daw/cedaw/text/econvention. htm

Treaty Bodies for these Conventions including CEDAW International committees of independent experts monitor countries implementation of the nine core human rights treaties, each takes its name from its Convention Thus: CEDAW Committee (27 experts) Enforcement of Treaties/Conventions: The 'naughty step' process … reports on countries • Receive and consider reports on progress in implementing their obligations under the treaties Issue concluding observations and recommendations in a country report Shadow or alternative reports by NGOs Develop general comments/Recommendations interpreting provisions of their respective treaties. Not legally binding Best practice is shared globally Consider individual communications or complaints, only if a country has agreed, check your country Amicus briefs in Court cases

Other reasons why CEDAW is important: • complete definition of sex-based discrimination: as any exclusion, restriction or distinction on the grounds of sex, which intentionally or unintentionally damages the recognition, enjoyment and exercise of women’s social, cultural, political and economic rights. • recognises the root causes of discrimination, including within culture and that traditional gender roles and stereotypes have to be eliminated if all forms of discrimination are to end. • Substantive equality between women and men means looking at women’s lives and the condition of their lives as a measure of whether equality has been achieved • 187 from 194 states have ratified it CEDAW does not provide a definition of “woman. ” Not necessary, it described and tackled reality, women are understood to be second class to men, globally

CEDAW The rights holders under the Convention are women (and girls) an unique asymmetric approach by prohibiting all discrimination against women as opposed to men rather than symmetrically prohibiting discrimination based on “sex” or “gender. ” in other UN texts the text itself does not have: • specific rights for children, we got CRC • sexual orientation or gender identity • violence against women UN has completely failed to produce new convention on VAW, conservative/religious/cultural backlash from at least 80 states But UN recommends all countries ratifying the Istanbul Convention on VAW, created by the Council of Europe, in force 2014 USA, Canada, Japan, Mexico others plus Holy See* were involved in drafting text * Holy See is armed wing of the Vatican with special status at UN

Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul) The oven – ready solution Council of Europe countries agree to tackle VAW and domestic violence seriously and spend money on it. • most comprehensive international human rights treaty on violence against women and domestic violence. • A roadmap for government action • legally binding instrument explicitly defines VAW as a human rights violation and: • a form of gender-based discrimination with strong emphasis on prevention, criminalising the perpetrators and survivors’ rights.

Why are LGB and T people pushing for changes to binding UN Human Rights law? The UN Human Rights (“HRC”) Committee has yet to establish clear and specific rights for LGBTI people, but the international community has moved forward in its recognition of such rights recently, next slides explain sexual orientation was first recognised as needing protection in 1994 largely unclear the extent to which these texts actually protects LGB or T or I individuals from discrimination

For information, the attempts: • 2003 Draft UN Resolution on Human Rights and Sexual Orientation, “Brazilian Resolution, ” met with shock and fierce protests, ultimately leading to the resolution’s postponement and it went no-where • 2006 Yogyakarta Principles Arguably most influential document on LGBT rights Claims to explain existing HR law, many disagree with its statements. Not UN. Principles are completely non – binding, lobbying effort by 'legal experts' • 2008 UN Declaration on Sexual Orientation and Gender Identity, specifically acknowledges LGBT individuals’ rights within international human rights law and to condemn human rights violations against LGBT people faced stark opposition in counter statement signed by 57 countries • 2014 Second Resolution on 'human rights, sexual orientation and gender Identity, passed in HRC 25 votes to 14, 7 abstentions (25 from 47) Wiki…

• In 2013, Human Rights Council launched its ‘Free and Equal’ campaign: ‘an unprecedented global UN public education campaign for lesbian, gay, bisexual and transgender (LGBT) equality’ • Then intersex people added (thus: LGBTI) • The high water mark is in 2016, UN established office of Independent Expert for protection against violence and discrimination based on sexual orientation and gender identity (SOGI) • What is he up too? • Call for input to a thematic report: Gender, sexual orientation and gender identity – by 14 th March https: //www. ohchr. org/en/issues/sexualorientationgender/pages/index. aspx None of this is binding law. Unfortunately it shows strong interest from many countries at UN, in both directions

New Treaty to protect LGB or LGBT rights? • Little evidence that countries are more willing to negotiate a convention on sexual orientation, like Violence against Women Convention, never happened • Resolution 17/19 on Human Rights, Sexual Orientation and Gender Identity, 2011, e. g. , was adopted by an extremely narrow margin (23 to 19 from 47) in the HRC and gives no legal rights. • New Convention would be full of reservations Reinterpreting CEDAW? • Trans activists saying gender identity is already 'there' in CEDAW (and CRC) so it can be used in that way • Very difficult to argue, given text as a whole • Would mean, men claiming to be women would be protected, women claiming to be men would not…

Amending CEDAW? LGB or LGBT advocates might consider amending CEDAW to eliminate all forms of discrimination based on gender identity and/or sexuality. CEDAW already has many reservations. Needs “two-thirds majority” of member countries to support amendment for it to be enforced and binding on the states that accepted the amendment. Would be opening up CEDAW to damaging attack at a time of pushback against women's and children's rights.

To finalise: The UN NGO Shadow meeting will bring together many NGOS from round the world, 700+ have been given slots, all the UN Conventions can be discussed We have Freedom of speech and Freedom of Association - to act together The UN's priorities (22 February 2021) are: UN Secretary-General Guterres calls for a global reset, "to recover better, guided by human rights" Human rights are on the frontline; they are the building blocks of a world of dignity and opportunity for all – and they are under fire every day. Gains can be easily undone. The disease has taken a disproportionate toll on women, minorities, persons with disabilities, older persons, refugees, migrants and indigenous peoples. Progress on gender equality has been set back years No human rights scourge is more prevalent than gender inequality. The COVID-19 pandemic has further exacerbated entrenched discrimination against women and girls. The crisis has a woman’s face.

These evils are fed by two of the deepest wells of injustice in our world: …. colonialism; and the persistence, ……, of patriarchy. Stoking the fires of racism, anti-Semitism, anti-Muslim bigotry, violence against some minority Christian communities, homophobia, xenophobia and misogyny is nothing new. It comes down to a question of power. A male-dominated world and a male-dominated culture will yield maledominated results. At the same time, the COVID-19 response has highlighted the power and effectiveness of women’s leadership.

How a society treats half its own population is a significant indicator of how it will treat others. Our rights are inextricably bound. This is why, as a proud feminist, ……. . I have made gender equality a leading priority for the UN as a whole. Our Call to Action on Human Rights has a specific emphasis on repealing all discriminatory laws globally. And on achieving women’s equal right to participation and representation, in every sector and at every level through ambitious actions, including temporary special measures such as quotas. https: //www. ohchr. org/EN/News. Events/Pages/Display. N ews. aspx? News. ID=26769

Things to do (I suggest): Hearing discussion of amending CEDAW, CRC, do eye roll, Oh, these diversionary tactics again! Say instead, highly dangerous to women and girls to give people or countries who hate such rights to unpick the limited gains we have made Women should fight any changes to CEDAW and Convention on Rights of the Child, we have to get them properly enforced, that is the vital issue now, a the UN Sec. General says… The other vital thing is to get the Istanbul Convention on Eliminating Violence Against Women, adopted globally and actually working! This Convention covers all women of what ever sexual orientation, race, religion, age etc. Delaying on this, diverted by the trans movement means more violence against women and girls, EVERY DAY.

Things to watch and have fun… The UK Parliament throws out and attempt to put trans lobbyists language in a UK piece of legislation, 25 th February 2021, with added music House of Lords Shutdown Crew https: //www. youtube. com/watch? v=P 66 s. R 7 GHuqk&feature=y outu. be

Things to read …. . ? ? Take five: “Women should lead the conversation on gender equality” February 18, 2021 https: //www. unwomen. org/en/news/stories/2021/2/take-five-hayatmirshad Text of the Istanbul Convention, well worth a read. It's a how-to-list of how to end violence against women for countries - Pages 1 -17 are the meat of it. https: //www. coe. int/en/web/istanbul-convention/text-of-the-convention Version developed by Autism Europe: https: //rm. coe. int/istanbul-convention-easy-to-read-final/16809 e 8251 1 st GENERAL REPORT ON GREVIO’S ACTIVITIES (Enforcement of Istanbul Convention) Group of Experts on Action against Violence against Women and Domestic Violence Council of Europe covering the period from June 2015 to May 2019 https: //rm. coe. int/1 st-general-report-on-grevio-s-activities/16809 cd 382

https: //www. coe. int/en/web/istanbul-convention/countrymonitoring-work Council of Europe Treaty Series-No. 210 - Explanatory Report to the Council of Europe Convention on preventing and combating violence against women and domestic violence Istanbul, 11. V. 2011 I. https: //rm. coe. int/16800 d 383 a (Warning - it's longer than the Convention!) A world-wide assessment of the situation on VAW from the UN, 24 th July 2020 covering the COVID- 19 pandemic and it's consequences Violence against women, its causes and consequences https: //undocs. org/A/75/144

https: //www. who. int/emergencies/diseases/novel-coronavirus 2019/question-and-answers-hub/q-a-detail/violence-againstwomen-during-covid 19? gclid=EAIa. IQob. Ch. MInee. C 95 GK 7 AIVi. M_t. Ch 19 Lg 7 OEAAYASA AEg. Ks 6 f. D_Bw. E End Torture, End Domestic Violence – Rhonda Copelon https: //www. ontheissuesmagazine. com/2009 winter/2009 win ter_7. php Modern-day Crusaders in Europe. Tradition, Family and Property: analysis of a transnational, ultra-conservative, Catholic-inspired influence network - Neil Datta - EPF https: //pdfs. semanticscholar. org/9 e 69/443 eb 430 bd 0 e 4 a 10 b 33 b 35 ed 006 a 4 f 8 b 35 c 7. pdf

Webinar organized by National Women’s Council of Ireland on theme “Setting the #feminist agenda: challenging violence against women”, panellists discussed priorities and strategies for the recovery phase, which calls for a reimagined response to domestic violence and gender-based violence. Webinar at: www. facebook. com/watch/live/? v=1165762117091015&ref= watch_permalink. https: //www. unwomen. org/en/what-we-do/ending-violenceagainst-women/faqs/types-of-violence https: //www. unwomen. org/en/news/stories/2019/7/newsevent-gender-diversity-and-non-binary-identities https: //www. unwomen. org/en/news/stories/2016/5/unwomens-constitutional-database-boosts-efforts-towardswomens-rights