Convention on Elimination of All forms of Discrimination
Against Women (CEDAW)
M.R.I Sheikh
Professor
Department of Public Administration
Comilla University, Bangladesh-3506
mrisheikh@yahoo.com, mrisheikh@cou.ac.bd
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CEDAW
From primitive age to ultra-modern age, women are being oppressed
and discriminated; and to remove this discrimination against women,
over the years various policies and programs were made and “CEDAW”
is one of them. It provides the basis for realizing equality between men
and women through ensuring women’s access to and control over as
well as equal opportunities in political and public life.
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Historical Background
“CEDAW” was passed by the UN General Assembly on December 18, 1979. This
was the culmination of decades of int’l efforts to protect and promote the right of
women. Up to December 31, 1979; 165 countries signed the ‘CEDAW’ document.
151 countries have taken step to ratify, implement and includes ‘CEDAW’ in their
constitution or in legal framework. Among them 54 countries have made
reservation of some of the articles of ‘CEDAW’ and 6 countries have not taken any
step to implement. However, 25 Muslim countries including Bangladesh have
signed it.
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CEDAW
‘CEDAW’ stands for ‘Convention on Elimination of All forms of Discrimination
Against Women’. It is a convention of UN, and it is the human right treaty which
affairs on the reproductive rights of women and target culture and tradition as
influential forces shaping gender roles as well as family relations.
Articles of CEDAW
Category Article (s) Main Theme
A Article 1-16 For discrimination against women
B Article 17-22 Procedure of CEDAW
C Article 23-30 The administrative procedure of CEDAW
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CEDAW and Bangladesh
Bangladesh signed in ‘CEDAW’ on November 6, 1984. At first Bangladesh made
reservation on 3 articles of CEDAW, which were 2, 13(a) and 16-1(a) © (f). Later,
the government of Bangladesh placed reservation on two articles 13(a) and 16-
1©(f), which are thought to be contradiction with Shariah law derived from the
Holy Al-Quran and Sunnah. Later, by deduction the reservation on article 2 was
placed. Bangladesh experts were very concerned with the reservation on article 2
because there is apparent contradiction since equality is guaranteed for women in
Bangladesh constitution.
After the beginning of the World Conference on women, Bangladesh withdraw
the restriction on article 13(a) and 16-1(a)©. But still there is restriction on 16(f).
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Implementation of CEDAW in Bangladesh
Articles 1-16 mainly deals with the discrimination against women. These articles
are;
Article 1: Defining of the discrimination
This article provides a clear definition of discrimination against women which is
adopted by the UN and other agencies as well as countries of the world.
On the basis of definition, Bangladesh adopted its own version of definition for
the discrimination.
Article 2: Obligation to Eliminate Discrimination
State parties condemn discrimination against women in all its form, agree to
pursue by all appropriate means and without delay, a policy of eliminating
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Discrimination against women. In light of the article 2, Bangladesh constitution
stated- women have the equal rights at all levels of life. These articles are 27, 28
and 29, also embodies the policy of eliminating discrimination against women.
It should be needed to mention here that Bangladesh reserve this article at
first. But recently, withdraw the reservation. Certain legislative action have been
taken to protect the interest of women and reduce discrimination. The legislative
measure include reform of family laws, laws on equal pay and employment,
protection and expanded political rights.
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Article 3: The development and advancement of women
State parties take in all fields, all appropriate measures to ensure the full
development and advancement of women.
Various measures have been taken by the government to enhance the
status of women with regard to political participation and participation in social,
economic and cultural life; such as
Beijing declaration and PFA signed as well as approval,
Declaration for the implementation of fundamental rights of women,
To set up Oppression cell against women in department of women and in
National women council,
With regard to the monitoring of the implementation of the various policies,
programs and laws. The National Council for Women’s Development (NCWD)
and11/14/2023
the Inter Ministerial Co-ordination and Evaluation Committee provide 8
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Institutional mechanisms through which reputed individuals and various women
organizations can participate.
Article 4: Temporary Special measures for institutionalizing equality between men
and women
Temporary measures to remove the discrimination are;
The direct election process of women in Union Parishads and City Corporation
on temporary basis (Currently it is permanent).
WID focal points have been designated in 33 ministries, currently in 47.
In the Parliament, the reservation of seats for women MP.
The SAARC has declared the 1990s as the decade of the ‘girl child’ in the male
Summit in 1990.
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Maternity leave has been extended from 3 to 4 months and now it is fixed at 6
month and two times in life.
A quota system has been instituted for increasing recruitment of women at
government services, and
Special opportunities given to women education, etc.
Article 5: Sex roles and Stereotyping
Government, NGO and community organization have taken all appropriate
measures to modify the social and cultural pattern to achieving the practices
which are based on stereotype roles for men and women.
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Article 6: Suppression of the Exploitation of women
State parties shall take all appropriate measures including legislation to
suppress all forms of trafficking women and exploitation of participation of
women. In this regard Bangladesh government take cruelty to women (Deterrent)
Punishment Act, 1983.
Article 7: Elimination of discrimination against women in political and public life
The constitution provides the equal opportunities regarding to the political
and public life. The Bangladesh government take some initiatives to eliminate the
discrimination as;
1/3 seats reserve in Parliament.
To include women in Cabinet.
To ensure the women’s participation in Administration and politics. Capacity
building for Gender Mainstreaming project taken under the MoWCA.
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10% posts for gazetted and 15% for non-gazetted posts are reserved for women
60% posts are reserved for women in government primary school.
Article 8: Equal opportunities for International representation
State parties shall take all appropriate measures to represent their
government at the International level and to participate in the work of Int’l
organization. In this regard, Bangladesh government have taken some initiatives;
To recruit women as a high commissioner.
To recruit women as a high official in the embassy.
To send women official to UN peace keeping mission.
To send the women as chairperson of the UN ‘CEDAW’ committee, etc.
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Article 9: Equalities with regard to Nationality
Nationality in Bangladesh is determined by birth, women do not have equal
rights with respect to the nationality of their children. But present government
grant equal rights to women to acquire to change their nationality, for example, in
every spheres of national life mothers name is equal footing with father.
Article 10: Equal rights in the field of education
Primary education has been made compulsory by the compulsory primary
education Act, 1990. Besides, Secondary education of the women in rural areas
are made free and special scholarship program for women have been taken by
the government in this regard; e.g., up to degree level women education is free.
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Article 11: Equal employment and training opportunity
The right to work as an inalienable right of all human being,
The right to free choice of profession and employment; the right to promotion,
security, all beliefs and conditions of services, and right to receive vocational
training as well as re-training including apprenticeship; advanced vocational
training and current training, etc.
Article 12: Equality of access to health care
The government of Bangladesh has been perusing a policy of providing
minimum essential health care for all. The successive health plan of the country
have emphasized primary health care as the key to improve the health status of
the population with a commitment to ‘health for all’ by the 2001 and later
extended up to 2015, currently health is under SDG target. Accordingly, increased
allocation
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Of budget have been made for the health and population sector. In addition, an
action plan has been formulated and a more detailed (HPSS) is in the process of
formulation.
Article 13: Equal rights with regard to economic and social benefits
The right to family benefits,
The right to bank loans, mortgages and other forms of financial credit,
The right to participate in recreational activities, sports as well as all aspects of
cultural affairs.
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Article 14: Particular problems faced by rural women
As the majority of the population live in rural areas, rural development is
the primary focus of development activities in Bangladesh. Women are in a
relatively disadvantaged position in terms of access to resources as well as
services. Different Ministries and NGOs are implementing different types of
project and programs for rural women.
Special project have been taken under the Ministry of LGRD. These are
Vulnerable Group Development Program, Food Aided Rural Development
Program, Rural Development Project 12, Rural Development Project 9, etc.
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Article 15: Equality before the law and civil matters
It is important to consider how the legal system in general functions to
promote or hinder women’s access to economic resources and control over
personal life as a citizen. The legal system which includes fundamental and
political rights, succession as well as right to property, marriage and divorce,
guardianship over children as well as maintenance etc., determined the legal
status of women in society.
Article 16: Equality in marriage and family law
The same rights to enter into marriage,
The same rights freely to choose a spouse and to enter into marriage only with
their free and full consent.
The same rights and responsibilities as parents, in matters relating to their
children.
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Conclusion:
Try your self
In addition, please add here some recommendations.
Is CEDAW sufficient for the protection and eliminate the discrimination against
women in Bangladesh? Justify your argument.
Good Luck
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