Article 3 is located in Part I of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as one of the provisions that describe States parties’ general obligations under the Convention. Read in conjunction with Articles 1, 2, 4, 5, and 24, it forms part of the overarching interpretative framework for the application of the specific obligations set out in Articles 6–16.1 Article 24 in Part VI is somewhat repetitive of Article 3. The obligations and concepts introduced in these initial articles apply to all other articles in the Convention. The Committee has on occasion viewed (p. 102) Article 3 as ‘catching’ matters that fall outside the express terms of other articles. However, as it often refers to Article 3 alongside other articles, notably Article 2, it is not always clear how the articles might be separated, or the extent to which it is desirable to do so.
Article 3 is a rare provision in the Convention schemata in that it does not explicitly identify elimination of discrimination against women as its goal. Rather, it emphasizes States parties’ obligations to take positive steps to ensure the full development and advancement of women on a basis of equality with men. It thus affirms and complements the clauses calling for positive equality between women and men in the ICCPR, Article 3 and ICESCR, Article 3, as well as the non-discrimination clauses, ICCPR Articles 2(1) and 26 and ICESCR Article 2(2).
Article 3 is also the only substantive article in the Convention that explicitly guarantees women their human rights and fundamental freedoms. By echoing the language of the UN Charter Articles 1(3) and 55 and the preamble to the UDHR it connects the Convention with those instruments. But Article 3 goes further than simply providing a guarantee of women’s human rights. By linking the full development and advancement of women with the exercise and enjoyment of their human rights, it is purposeful and instrumental, providing the legal basis for structural—transformative—change in the lives of women. Paragraph 7 of the Convention Preamble also refers to the ‘full development of the potentialities of women’, noting that discrimination against women makes this more difficult to achieve. However, unlike the Preamble, where the full development of women is sought ‘in the service of their countries and of humanity’, Article 3 is directed towards the full development and advancement of women, as a goal in its own right. It thus provides a notable statement of the importance of equality of women and men as a freestanding legal objective.
Article 3 is to some extent analogous to ICERD Article 2(2), which states:
States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms.
There are some textual differences between Article 3 and ICERD Article 2(2), most of which were a subject of discussion during the drafting process. Article 3 assumes a more immediate obligation by omitting the qualifying clause ‘[w]hen the circumstances so warrant’; the Convention expressly includes the ‘political’ field while ICERD does not, although it may be implied under ‘other fields’; ICERD requires that States parties take ‘special and concrete measures’ while in the Convention the obligation is to take ‘all appropriate measures’; there is no explicit mention of legislation in ICERD, Article 2(2) although there is in Article 2(1)(d); ICERD requires ‘adequate’ development and the Convention ‘full’ development, coupled with the ‘advancement of women’. The final sentence in ICERD, Article 2(2) has no counterpart in the Convention:
These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.
Article 3 has no directly equivalent provision in the ICCPR or ICESCR, although it imports the Covenants into the Convention through the inclusion of human rights and fundamental freedoms and specification of ‘political, social, economic and cultural fields’. Page Id: 102ReferencesCharter of the United Nations (done at San Francisco, United States, on 26 June 1945) (United Nations [UN]) 59 Stat 1031, TS 993, 3 Bevans 1153, 145 BSP 805Ch.I Purposes and Principles, Art.1, (3)Ch.IX International Economic and Social Co-operation, Art.55Convention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPreamble, para.7International Convention on the Elimination of All Forms of Racial Discrimination (Committee on the Elimination of Racial Discrimination [CERD]) 660 UNTS 195, UNTS Reg No I-9464, UN Doc A/RES/2106(XX)A, Annex OXIOPart I, Art.2, (1), (d)Part I, Art.2, (2)International Covenant on Civil and Political Rights (United Nations [UN]) 999 UNTS 171, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14668 OXIOPart II, Art.2, (1)Part II, Art.3Part III, Art.26International Covenant on Economic, Social and Cultural Rights (United Nations [UN]) 993 UNTS 3, CTS 1976/46, S Exec Doc D, 95-2 (1978), GAOR 21st Session Supp 16, 49, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14531Main Text, Part II, Art.2, (2)Main Text, Part II, Art.3(p. 103) Like Article 3 (and more fully Article 2), the ICCPR and ICESCR also specify legislation as a means of implementation of States parties’ obligations.2
Article 3 has attracted little focused attention from either States parties or the Committee. There was no equivalent provision to Article 3 in DEDAW. No State party has reserved Article 3 explicitly, and the Committee has not adopted a general recommendation on it.
C. Issues of Interpretation
Article 3 replicates and reinforces other provisions of the Convention. The open-endedness of some of the language allows for teleological interpretation of the Convention as a dynamic,4 living instrument. Its focus on ‘advancement’ makes it especially forward-looking.
I. ‘States Parties Shall Take in All Fields’
Under international law, treaty obligations rest with the State party, regardless of the constitutional order within the State, such as its federal structure.5 The State party therefore ensures compliance by sub-State units. The mandatory language (‘shall take’) denotes positive State action ‘in all fields’. This holistic approach ‘anticipates the emergence of new forms of discrimination that had not been identified at the time of its drafting’6 and emphasizes that the Convention is not limited to specified fields of application, as is the case with the two UN Covenants, but is to apply to all areas of relevance to women and their lives, both the public and the private.
An insight into how States parties may view the Convention’s scope is provided by the UK. In its One Year On Report (2009) to the Committee, the UK explained the difference Page Id: 103ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPart III, Art.10Part III, Art.11Part III, Art.12Part III, Art.13Part III, Art.14Part III, Art.14, (2), (g)International Covenant on Civil and Political Rights (United Nations [UN]) 999 UNTS 171, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14668Part II, Art.2, (2)International Covenant on Economic, Social and Cultural Rights (United Nations [UN]) 993 UNTS 3, CTS 1976/46, S Exec Doc D, 95-2 (1978), GAOR 21st Session Supp 16, 49, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14531 OXIOMain Text, Part II, Art.2Main Text, Part II, Art.2, (1)(p. 104) between its proposed equality legislation and the Convention. The former protects against discrimination in ‘specific fields only, namely work, the provision of goods, facilities and services and the exercise of public functions, premises, education in schools and in further and higher education institutions, and in associations including private clubs’. In contrast, the UK stated (but without referring to Article 3), ‘the CEDAW covers all fields including in particular social and cultural fields’.7
The phraseology ‘all fields’ is sufficiently indeterminate to provide Convention authority for an expansive interpretation that encompasses areas of activity not spelled out in subsequent provisions of the Convention. The Committee’s concluding observations to States parties’ reports, general statements, and recommendations suggest that it implicitly endorses this approach. ‘All fields’ encompasses, inter alia, the provision of goods, facilities, and services, economic and sustainable development,8 property,9 technology,10 armed conflict,11 detention,12 climate change13 and pollution, aftermath of natural disaster,14 such as the tsunami15 and cyclones,16 and post-conflict reconstruction17 and management.18
‘All fields’ also ensures the Convention’s applicability to all women. For example, General Recommendation 18 refers specifically and only to Article 3 as the basis for its recommendations to States parties with respect to women with disabilities. Although this is the only general recommendation in which the Committee finds its competence explicitly in Article 3, the Committee has drawn upon Article 3 in other general recommendations to reinforce its position. Thus, Article 3 (along with Article 2) is expressly declared in General Recommendation 19 on violence against women as the basis for establishing ‘a comprehensive obligation to eliminate discrimination in all its forms in addition to the specific obligations under Articles 5–16’.19 In General Recommendation 21 paragraph 43, Article 3 is mentioned along with Articles 2 and 24 as requiring gradual progress towards equality in the family and thus that States parties should withdraw reservations; in General Recommendation 25 paragraph 6, Article 3 is read jointly with Articles 1, 2, Page Id: 104ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPart I, Art.1Part I, Art.2Part I, Art.4Part I, Art.5Part VI, Art.24(p. 105) 4, 5, and 24 to set out the ‘general interpretative framework’ of States parties’ obligations under the Convention; and in General Recommendation 28 paragraph 8, the Committee notes that Articles 2 and 3 ‘anticipate the emergence of new forms of discrimination that had not been identified at the time of [the Convention’s] drafting’.
II. ‘In Particular in Political, Economic, Social, and Cultural Fields’
While providing for the application of the Convention in non-specified fields, Article 3 also spells out those to which it applies ‘in particular’: ‘political,20 social, economic and cultural fields’. This language largely echoes that of Article 1, although after discussion, the field of civil activity (included in Articles 1 and 15(2)) was omitted from Article 3.21 While it is unclear why Articles 1 and 3 differ in this respect, taken together they incorporate all the rights contained in the UDHR, ICCPR, and ICESCR that are not expressly mentioned in the Convention.22 This approach has been adopted by the Committee,23 which has asserted that ‘[t]he spirit of the Convention covers other rights, which are not explicitly mentioned in the Convention but which have an impact on the achievement of equality of women with men and which represent a form of discrimination against women’.24 For example, General Recommendation 19 paragraph 16 specifies its applicability to refugee women and paragraph 14 to single mothers, neither of whom are expressly addressed in the Convention.
Further, by describing the relevant fields of activity, rather than specifying political, social, economic, and cultural rights—the approach taken in the ICCPR and ICESCR and the Beijing Platform for Action25—Article 3 allows an interpretation that goes beyond the identified Covenant rights. This is important because denial of women’s rights in the political, economic, social, and cultural fields ‘contributes to their economic dependence, denial of personal autonomy’26 and more generally to their lack of power.
Enumeration of these multiple fields of activity highlights the importance of women’s human rights in political organization, representation, participation, and action,27 in the allocation of and access to economic and social resources, and in cultural life. General Recommendation 23 on political and public life, paragraph 1 recalls the Preamble of the Convention in considering the role of women in the development of the State that is undermined by unequal political participation and representation. The Committee has Page Id: 105ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPreamblePart II, Art.7Part IV, Art.15, (2)International Covenant on Civil and Political Rights (United Nations [UN]) 999 UNTS 171, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14668 OXIOInternational Covenant on Economic, Social and Cultural Rights (United Nations [UN]) 993 UNTS 3, CTS 1976/46, S Exec Doc D, 95-2 (1978), GAOR 21st Session Supp 16, 49, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14531 OXIOMontréal Principles on Women's Economic, Social and Cultural Rights (Canada [ca])(p. 106) also expressed concern about the ‘absence of an enabling environment … [that] prevents women from fully participating in all aspects of public life in accordance with articles 3, 7 and 8 of the Convention’.28 Public life is widely understood to include governmental bodies,29 law enforcement, the judiciary, and the diplomatic corps.30 Economic and social rights31 overlap and are mutually reinforcing in that both are directed at ensuring women’s economic independence and free choices within society. Denial of employment, inheritance, and property rights (including marital property) undermines women’s economic activity.32 The economic field33 encompasses both the wage sector and the informal economy, where women are especially active but may remain invisible and lack social and legal protections.34 Social rights have been described as aiming at ‘securing the ability to live a life of dignity for everyone, without dependence on others (other than the State), while reasonably fulfilling all basic needs, including welfare rights, rights in the sphere of employment, and rights to education and health’.35
The inclusion of the cultural field is a reminder that culture can be empowering (as well as the basis of harmful practices) for women. It echoes ICESCR Article 15(1), which has no direct comparator in the Convention, although Article 13(c) requires States parties to take all appropriate measures to eliminate discrimination against women ‘in all aspects of cultural life’. Culture as a ‘broad, inclusive concept encompassing all manifestations of human existence … shapes and mirrors the values of well-being, as well as the economic, social and political life of individuals, groups of individuals and communities’.36 As such, it is empowering for women when they receive sustenance and support from their community. However, women are also disproportionately affected by social and cultural marginalization which adversely impacts upon their access to and enjoyment of other rights.37 Article 3 must be read in conjunction with Article 5(1) requiring modification of those aspects of culture that sustain prejudice and stereotypical roles for women and men and thus undermine women’s enjoyment of their rights.
General Recommendation 19 emphasizes the importance of addressing discrimination in all fields—political, economic, social, and cultural—in the context of violence against women. It explains that the ‘comprehensive obligation to eliminate discrimination in all its forms’ established by Article 3 (with Article 2) includes the need for positive action by States parties in the economic field to combat violence against women. It notes that cultural—sexist—attitudes that regard women as subordinate to men ‘contribute to the propagation of pornography and the depiction and other commercial exploitation of women as sexual objects, rather than as individuals’. General Recommendation 25, referring to Article 3 (along with Articles 1, 2, 4, and 5) reinforces this point by requiring Page Id: 106ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPart I, Art.4Part I, Art.5Part I, Art.5, (a)Part II, Art.8Part III, Art.13Part III, Art.13, (c)International Covenant on Economic, Social and Cultural Rights (United Nations [UN]) 993 UNTS 3, CTS 1976/46, S Exec Doc D, 95-2 (1978), GAOR 21st Session Supp 16, 49, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14531Main Text, Part III, Art.15, (1)(p. 107) States parties to take measures across all fields ‘to address prevailing gender relations and the persistence of gender-based stereotypes’.38
III. ‘All Appropriate Measures’
States parties have the positive obligation to take ‘all appropriate measures’ to achieve the objectives laid down in Article 3. These are in addition to the specific measures, including constitutional and legal reform, spelled out in Article 2. The original draft had specified ‘concrete’ measures’,39 which was changed to ‘all appropriate measures’ reflecting the language of ICESCR Article 2(1) (‘all appropriate means’). It is less forceful than that of ICERD, Article 2(2), which stipulates ‘special and concrete measures’.40 The parallel requirement under ICESCR, according to CESCR General Comment 3, is that Article 2(2) be given ‘its full and natural meaning’.41
‘Appropriate measures’ affords States parties flexibility in determining how best to achieve the objectives of the Convention within their own particular social, economic, and political contexts, recognizing that this may not always be through legislation.42 The Committee has not explicitly stated its understanding of ‘appropriate measures’, but in its general recommendations it has suggested a range of social (for example, removal of obstacles43), economic (for example, gender budgeting44 and resource allocation45), educational,46 and administrative47 mechanisms for monitoring and implementation of the Convention, which demonstrate a similarly broad approach to that taken by the CESCR. States parties should thus adopt ‘appropriate measures’ in all fields in order for women to enjoy all human rights, not just those specified in the substantive Articles 6–16 of the Convention.
The language of Article 3 (‘shall take’) and the Committee’s application of ‘all appropriate measures’ make it clear that Convention obligations are subject to immediate implementation rather than progressive realization. Nor does Article 3 reiterate the wording of ICESCR, Article 2(1) relating to progressive realization. It might be argued that General Recommendation 21 undermines this conclusion by stating in paragraph 43 that ‘[c]onsistent with articles 2, 3 and 24 … the Committee requires that all States parties gradually progress to a stage where, … each country will withdraw its reservation’. However, this paragraph is not directed at the totality of States parties’ obligations under the Convention but only at the removal of reservations, which is not applicable to Article 3 itself.
Temporary special measures, where needed, are included among appropriate measures, as set out in Article 4 and General Recommendation 25. The latter replicates the Page Id: 107ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPart I, Art.6Part II, Art.9Part III, Art.10Part III, Art.11Part III, Art.12Part III, Art.14Part IV, Art.15Part IV, Art.16Part VI, Art.24International Convention on the Elimination of All Forms of Racial Discrimination (Committee on the Elimination of Racial Discrimination [CERD]) 660 UNTS 195, UNTS Reg No I-9464, UN Doc A/RES/2106(XX)A, AnnexPart I, Art.2, (2)International Covenant on Economic, Social and Cultural Rights (United Nations [UN]) 993 UNTS 3, CTS 1976/46, S Exec Doc D, 95-2 (1978), GAOR 21st Session Supp 16, 49, UN Doc A/6316, UN Doc A/RES/2200(XXI), Annex, UNTS Reg No I-14531 OXIOMain Text, Part II, Art.2, (1)(p. 108) language of Article 3 in asserting that ‘States Parties to the Convention are under a legal obligation … to ensure the development and advancement of women in order to improve their position to one of de jure as well as de facto equality with men’.48 Article 3 lays the ground for the introduction of temporary special measures and is referenced in General Recommendation 25 (along with Articles 1, 2, 5, and 24) which establishes that States parties may have an obligation to take such measures with respect to any of the substantive Articles 6–16.49
IV. ‘Including Legislation’
Article 3 reinforces Article 2 by affirming that legislation is included among ‘appropriate measures’. The importance of enacting and implementing effective legislative reform to achieve the objectives of the Convention is more fully spelled out in the Committee’s general recommendations.50 Without referring explicitly to Article 3, the Committee may remind States parties of their obligation ‘to raise the awareness of legislators about the need to give priority attention to legislative reforms in order to achieve de jure equality for women and compliance with the State party’s international treaty obligations’.51
Legislation may be required in multiple fields of law, such as those addressing family, civil, penal, labour, commercial, and administrative matters. The Outcome Document adopted at the Beijing + 5 General Assembly Special Session recognized that in many States a gender perspective has not been integrated into the laws or codes, administrative rules or regulations within these diverse fields.52 Article 3 provides a legal basis for requiring States parties to do so. This encompasses full and systematic incorporation of the Convention throughout domestic law,53 and such legislation should prevail over other domestic law.54
The Committee has referred to many other practical and legal instrumentalities, which are discussed more fully in the section on the nature of States parties’ obligations (section E below).
V. ‘To Ensure the Full Development and Advancement of Women’
This language spells out the fundamental objective of eliminating discrimination against women and thus of the Convention:55 ensuring the full development and advancement of women. The stronger word ‘full’ was preferred to the originally proposed weaker word ‘adequate’.56 Neither ‘development’ nor ‘advancement’ is defined in the Convention and both are multifaceted. They denote forward movement and progress, especially when read together. Thus, practices and policies that put back women’s advancement are not Page Id: 108ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPart I, Art.1Part I, Art.5(p. 109) in conformity with Article 3, and the Committee has expressed concern about such situations, sometimes,57 but not always, mentioning Article 3.58
Women have had a somewhat uneasy relationship with policies and programmes for economic development and growth. State development has not always been for, or resulted in, the advancement of women, and without exploration of the gender dimension the adverse consequences for women of development projects too often remain invisible.59 The Committee has implicitly invoked Article 3 in asserting ‘the urgent need to ensure that globalisation and transition to market economic policies improve the quality of life of women’;60 in recommending that development projects be assessed from a gender perspective;61 and in emphasizing that ‘megaprojects’ and global economic trends must not be allowed to disadvantage women.
The Committee, in common with other bodies, has turned its attention to the impact of gender inequality on development. It has noted that ‘if sustainable development is to realise economic, social and environmental goals, women’s needs and concerns must be given equal priority with those of men’.62 The Beijing Declaration emphasizes that women’s empowerment and equal participation are essential elements for development.63 Similarly, the World Bank has reported that ‘ignoring gender disparities comes at great cost to people’s well-being and to countries’ abilities to grow sustainably, to govern effectively, and thus to reduce poverty’.64 Poverty too is feminized as was spelled out in the first Critical Area of Concern in the Beijing Platform for Action.65 It is, thus, crucial to promote gender equality, including in national development plans, as ‘an important part of a development strategy that seeks to enable all people—women and men alike—to escape poverty and improve their standard of living’.66 This also requires taking into account women’s access to health care, social security, education, clean water and sanitation services, fertile land, income-generation opportunities, and participation in decision-making processes.67(p. 110)
Article 3 places women’s own development and advancement at the forefront, rather than that of States or of peoples as a collectivity. Further, by explicitly guaranteeing the exercise and enjoyment of human rights and fundamental freedoms as the purpose of the full development and advancement of women, Article 3 locates women as rights-holders, not just as objects (or subjects) or prospective beneficiaries of development policy.68
The rights-based approach requires recognizing women’s legal entitlement to development and advancement as an end in itself and not primarily as instrumentalities for State economic development. It moves away from the utilitarian language of development economists69 to that of entitlement to equal choices and opportunities to be enshrined within the formal legal system. The Convention ‘recognizes the inextricability of subordination and the economic and social structures that generate and perpetuate it’.70 Understood in this way, Article 3 foreshadows, with gender specificity, the UN Declaration on the Right to Development which asserts that ‘[t]he right to development is an inalienable human right’.71
The Committee has taken up these issues, but generally without referring to Article 3. It has considered the relationship between gender and economic development, for example, seeking information and expressing concern about the impact on women of economic crisis, structural adjustment programmes,72 and macroeconomic policies,73 including that economic growth and development may not benefit women as much as men.74 It has requested States parties to ensure that all poverty alleviation programmes fully benefit women75 and to enhance ‘monitoring of the impact of economic development and changes on women and to take proactive and corrective measures, including increasing social spending, so that women can fully and equally benefit from growth and poverty reduction’.76 The Committee has welcomed the introduction of micro-credit or micro-enterprise schemes that facilitate women’s independence through enhancement of their economic self-sufficiency.77
Economic globalization may have created new employment opportunities for women in the formal economy, enhancing their opportunities for economic independence. However, it also has its downsides, such as ‘economic restructuring as well as, in a certain number of countries, persistent, unmanageable levels of external debt and structural adjustment (p. 111) programmes’.78 The gendered division of labour, trapping women in low-paid, unregulated work, for example, in export processing zones, poses a particular risk to women who are especially vulnerable.79 The Committee has explained that while it is appreciative of the need for ‘economic growth, it is concerned that the human rights of vulnerable groups such as tribal populations may be adversely affected by large-scale economic projects’.80 More broadly, it has expressed concern about women’s poverty and social exclusion,81 which are exacerbated by global economic downturns.82 It has recommended that ‘the promotion of gender equality and sensitisation to gender equality issues is an explicit component of, and is fully implemented in, its national development plans and policies, in particular, those aimed at poverty alleviation, sustainable development and natural disaster management’.83
The Committee has linked sustainable development with ‘gender-sensitive people-centred human development, based on equality and equity, participation of government and civil society, transparency and accountability in governance’.84 The combined civil and political rights and socio-economic rights in the Convention, the Beijing Declaration and Platform for Action, and the Beijing + 5 Outcome Document constitute ‘important legal, policy and programmatic instruments that also provide a clear agenda that must be integrated into sustainable human development’.85
In addition to issues relating to economic development the Committee has explicitly addressed women’s development in the context of health and family relations, for example, recognizing family responsibilities as inhibiting personal development,86 and the fallacy that women and men have different rates of intellectual development.87 It has seen the ‘health, development and well-being’ of family members as linked objectives and noted that these are all enhanced where there are ‘freely available appropriate measures for the voluntary regulation of fertility’.88 The Convention does not explicitly adopt the life cycle approach to the guarantee of women’s human rights but the language of Article 3 implicitly does so, confirmed by the Committee (without reference to Article 3) in General Recommendation 24:89 securing women’s advancement and full development as a lifespan90 project from infancy and childhood through to old age. Perhaps surprisingly, General Recommendation 19 does not describe how gender-based violence inhibits women’s development.91(p. 112)
States parties must identify where sex- and gender-based inequality exist and ensure that their measures, policies, and practices, including those for economic development, advance the position of women and do not merely accommodate women’s difference. The Committee’s almost routine request for gender-disaggregated statistics reflects a concern that without the data thus provided women’s advancement in any of the relevant fields cannot be measured or monitored. Measures need not be applied equally to women and men, rather their impact must be subject to effective gender analysis ‘through inter-institutional involvement at all levels’92 and their application adapted to redress any de facto inequality. Some women are subject to further, particular disadvantage and additional, special, or corrective measures are needed to secure their entitlement to advancement and enjoyment of human rights.93
Article 3 provides the authority for the radical rethinking of development strategies that a rights-based—and gender-sensitive—approach to development requires. Accordingly, government actions, whether of a legislative, administrative, policy, or programmatic nature, must be considered in light of the obligations inherent in human rights94: individual entitlement and State accountability for failure to perform.
VI. ‘For the Purpose of Guaranteeing them the Exercise and Enjoyment of Human Rights and Fundamental Freedoms’
States parties’ obligations under Article 3 are expressly to guarantee women’s exercise and enjoyment of human rights and fundamental freedoms, as stipulated in international treaties and customary international law. Article 3 (along with Article 1) implicitly lays the groundwork for the assertion in the Vienna Declaration and Programme for Action that ‘[t]he human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights’.95 In similar language General Recommendation 19 also refers to women’s enjoyment of ‘human rights and fundamental freedoms under general international law or under human rights conventions’ and notes that gender-based violence that impairs the enjoyment of such rights constitutes discrimination under Convention Article 1.
By not listing the relevant human rights and fundamental freedoms (or other international instruments), Article 3 allows for progressive development as the understanding of rights is extended, for example, through ‘declarations, programmes and platforms for action adopted by relevant United Nations conferences, summits and special sessions’.96 Ensuring women’s social, political, and economic advancement facilitates their enjoyment of human rights, while the full and equal enjoyment of human rights underpins women’s advancement and development and is essential for its achievement.97Page Id: 112ReferencesConvention on the Elimination of All Forms of Discrimination Against Women (United Nations [UN]) 1249 UNTS 13, UNTS Reg No I-20378, UN Doc A/RES/34/180, AnnexPart I, Art.1(p. 113)
The UN Millennium Declaration,98 from which the Millennium Development Goals (MDGs) were articulated, uses the language of the ‘empowerment of women’ rather than that of advancement and development.99 The MDGs are goals, not rights.100 They are ‘elaborated in very limiting terms that refer to eliminating the gender gap in education and increasing women’s employment in the formal sector and political participation in national parliaments’ and thus fail to capture the ‘wide sweep of CEDAW’.101 Nor are they subject to the treaty monitoring system.
The UN OHCHR has engaged with the MDGs as the central global development programme, stating that a ‘human rights-based approach means ensuring that the MDG lens is sufficiently focused on the rights of women; for example, those entrenched in the Convention on the Elimination of All Forms of Discrimination against Women’.102 The Committee has routinely raised their implementation with States, giving some effect to the mutuality between the MDGs and rights.103 The Committee also uses the language of women’s empowerment, a language that ‘aims to enhance women’s self-awareness, self-esteem, self-confidence and self-reliance’.104
While the shift of language from victimization to empowerment105 is evidently beneficial for women, some caution must also be exercised. It may be used to turn the focus away from the State’s obligation to ensure measures for women’s advancement and development by identifying and removing obstacles and ensuring an appropriate legal environment, to women having to determine their own actions to achieve these goals. Self-reliance must not be substituted for States parties’ obligations. If women within a particular society are deemed to be ‘empowered’, failure to achieve advancement and development may be attributed to their failings, either individually or as a group, while the location of these objectives within the language of rights in the Convention emphasizes States parties’ obligations. The Committee’s repeated emphasis on the ‘full and effective implementation of the Convention as indispensable for achieving the MDGs’106 underlines the importance of a holistic approach, including women’s autonomy and empowerment within a rights-based framework. It regularly calls upon States parties to integrate ‘a gender perspective and the explicit reflection of the provisions of the Convention in all efforts’ for achieving the MDGs and has requested States parties to report on their efforts in this regard. The rights-based approach to women’s advancement summarized in Article 3 entails participation, agency, transparency, and accountability.(p. 114)
VII. ‘On a Basis of Equality with Men’
These last words of Article 3 had been deleted by the CSW and were reintroduced by the style committee.107 They locate Article 3 in the overall context of the Convention: to eliminate discrimination against women and to achieve equality between women and men. This phrase is repeated from Article 1, and when read with the earlier wording of Article 3 and all other substantive articles, most especially Article 2 (which does not mention equality between women and men), it is apparent that women’s equality does not always require a male comparator. Rather, the phrase makes clear that practices that are detrimental to women ‘as such’ must be eliminated to accord women the same opportunities as men to achieve their ‘full development and advancement’ as women.108 Article 3 encapsulates transformative equality, as discussed below.
* I would like to thank Lena Skoglund for her valuable contribution as a research assistant; I would also like to thank Professor Hilary Charlesworth for her helpful comments on the chapter on Article 3 and the chapter on Violence against Women and, as always, for her encouragement and support.
1 eg GR 25 para 6; GR 28 para 7.
2 ICCPR art 2(2); ICESCR art 2(1).
3 (6 November 1973); UN Doc E/CN.6/573, L Rehof, Guide to the Travaux Préparatoires of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (1993) 62–5.
4 eg GR 25 para 3, repeated GR 28 para 2: ‘The Convention is a dynamic instrument’.
5 eg CO Nigeria, CEDAW/C/NGA/CO/6 (2008) para 9.
7 Government Equalities Office, Response By the United Kingdom (UK) and Northern Ireland (NI) to Select Recommendations of the United Nations Committee on the Elimination of All Forms of Discrimination against Women following the examination of the UK and NI’s 5th and 6th Periodic Reports on 10 July 2008 (2009) (hereinafter UK, One Year On Report).
8 CEDAW, ‘Working Paper on the World Summit on Sustainable Development’ UN Doc CEDAW/C/2002/I/WP.2, 26th Session (2002).
9 K Rittich, ‘The Properties of Gender Equality’ in P Alston and M Robinson (eds), Human Rights and Development Towards Mutual Reinforcement (2005) 87.
10 Art 14(2)(g). The Committee has also raised this with States parties, eg CO Bhutan, A/59/38, 30th Session (2004) paras 113–14.
11 eg CO Croatia, A/50/38, 14th Session (1995) paras 585–6; CO Bosnia-Herzegovina, A/49/38 (Supp) 13th Session (1994) para 736; Decision 43/III, Statement by the Committee on the Elimination of Discrimination against Women on the Situation in Gaza, A/64/38 (Supp) Annex II (2009).
12 eg CO Russian Federation, A/57/38, 26th session (2002) para 392.
13 Decision 44/II, Statement by the Committee on the Elimination of Discrimination against Women on Gender and Climate Change, UN Doc A/65/38, 44th Session (2009).
15 eg CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 38.
16 eg CO Myanmar, CEDAW/C/MMR/CO/3 (2008) para 22; Statement of the Committee on the Elimination of Discrimination against Women on the Situation in Haiti, UN Doc A/65/38 (Supp) 45th session, (2010).
17 Statement by the Committee on the Elimination of Discrimination against Women on the Situation of Women in Iraq, Decision 30/III, UN Doc A/59/38 (Supp) (2004) Annex II.
18 CEDAW, ‘Gender and Sustainable Development’ (2002) para 423.
20 The Philippines’ draft of art 3 did not include the ‘political’ field (n 3 above).
22 Andrew Byrnes notes the rights to freedom of expression, privacy, and to be free from arbitrary detention; A Byrnes, ‘The Convention on the Elimination of All Forms of Discrimination against Women’ in W Benedek, E Kisaakye, and G Oberleitner (eds), Human Rights of Women International Instruments and African Experiences (2002) 119, 124.
23 GR 28 para 3 states that ‘the Convention is part of a comprehensive international human rights legal framework’ and lists a wide range of international treaties that are explicitly or implicitly ‘grounded in the concept of non-discrimination on the basis of sex and gender’.
25 Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on Women (15 September 1995) para 213.
26 Montréal Principles on Women’s Economic, Social and Cultural Rights, 26 Human Rights Quarterly (2004) 760, 762.
27 Art 3 (with arts 2 and 7) ‘require that women be guaranteed equal access to organisations’. N Hevener Kaufman and SA Lindquist, ‘Critiquing Gender-Neutral Treaty Language: The Convention on the Elimination of All Forms of Discrimination against Women’ in J Peters and A Wolper (eds), Women’s Rights, Human Rights (1995) 114, 120.
28 CO Belarus, A/55/38, 22nd Session (2000) para 355.
29 eg CO Bhutan, A/59/38, 30th Session (2004) para 108.
30 eg CO Kuwait, A/59/38, 30th Session (2004) para 75.
31 L Farha, ‘Women Claiming Economic, Social and Cultural Rights—The CEDAW Potential’ in M Langford (ed), Social Rights Jurisprudence Emerging Trends in International and Comparative Law (2008) 553.
32 Rittich (n 9 above) 87; CEDAW GR 21 paras 30–5.
33 Art 13 refers to ‘areas of economic and social life’; see discussion in ch on art 13.
34 eg CO The Philippines, CEDAW/C/PHI/CO/6 (2006) para 25; CO Vietnam, CEDAW/C/VNM/CO/6 (2007) paras 22–3. See also R King and C Sweetman, Gender Perspectives on the Economic Crisis (2010) 6.
35 D Barak-Erez, ‘Social Rights as Women’s Rights’ in D Barak-Erez and AM Gross (eds), Exploring Social Rights Between Theory and Practice (2007) 397, 398.
36 CESCR, ‘General Comment 21’ (2009) UN Doc E/C.12/GC/21.
37 Montréal Principles on Women’s Economic, Social and Cultural Rights (n 26 above) 760.
39 Belgium proposed the change to ‘all appropriate measures’; Rehof (n 3 above) 64.
40 The Committee has requested examples of ‘concrete measures’; eg question to Niger, UN Doc CEDAW/ C/NER/Q/2 (2003) art 3 para 9.
41 CESCR, ‘General Comment 3’ (1990) UN Doc E/1991/23 para 4.
42 GR 28 para 23. The UK, for example, has asserted that ‘it is not appropriate, nor indeed possible, for legislation to address such obligations’. UK, One Year on Report (n 7 above) para 6.
43 eg GR 23 para 45(c); GR 24 para 31(b).
44 H Hofbauer, ‘Gender-Sensitive Budget Analysis: A Tool to Promote Women’s Rights’ (2002) 14 Canadian J of Women and the L 98–117.
46 eg GR 19 para 24(f): ‘States should introduce education and public information programmes to help eliminate prejudices that hinder women’s equality (recommendation No 3, 1987)’.
47 eg GR 19 para 24(c); GR 23 para 45(c); GR 24 para 31(d).
50 eg GR 19 para 24(r)(ii); GR 21 para 49; CEDAW GR 23 para 47(a).
51 eg CO Myanmar, CEDAW/C/MMR/CO/3 (2008) para 11.
52 Outcome Document adopted by the 23rd UNGA Special Session, ‘Women 2000: Gender Equality, Development and Peace for the 21st Century’ (2000) para 27.
53 eg CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 8.
54 eg CO Myanmar, CEDAW/C/MMR/CO/3 (2008) para 9.
55 D Gierycz, ‘Human Rights of Women at the Fiftieth Anniversary of the United Nations’ in Benedek, Kisaakye and Oberleitner (n 22 above) 30, 34.
56 The Philippines’ draft (n 3 above).
57 eg under the heading ‘art 3’, the Committee expressed disappointment at the abolition of the Cabinet Committee for Emancipation Policy. General Observations, the Netherlands, UN Doc A/49/38 (Supp) 13th Session (1994) para 267.
58 eg CO Russian Federation, UN Doc A/57/38, 26th Session (2002) para 381 (steadily decreasing representation of women in the political arena), para 383 (‘deteriorating situation of women in employment’); Statement by the Committee on the Elimination of Discrimination against Women on the Situation of Women in Iraq, Decision 30/III, UN Doc A/59/38, 30th Session (2004), Annex II (repeal of civil statutes governing issues related to marriage, divorce, child custody and inheritance); CO Italy, A/60/38, 32nd Session (2005) para 318.
59 On the gendered differential of development policies see E Boserup, Women’s Role in Economic Development (1970); F Banda, Women, Law and Human Rights: an African Perspective (2005) 269–95.
60 CEDAW, ‘Working Paper on the World Summit on Sustainable Development’ (n 8 above) para 2; see also the discussion in ch on art 14.
61 eg CO Samoa, A/60/38, 32nd Session (2005) para 63.
62 CEDAW, ‘Working paper on the World Summit on Sustainable Development’ (n 8 above) para 4; it has repeated this in concluding observations, eg CO Botswana, CEDAW/C/BOT/CO/3 (2010) para 40.
63 Beijing Platform for Action (n 25 above) para 56.
64 World Bank Policy Research Report, ‘Engendering Development: Through Gender Equality in Rights, Resources and Voice’ (2001).
65 The ‘feminization of poverty’ refers to both the gendered ways in which women become poor (eg through divorce or discriminatory property laws) and their experience of poverty; Beijing Platform for Action (n 25 above) para 48; CEDAW, ‘Working paper on the World Summit on Sustainable Development’ (n 8 above) para 6(a); CO Russian Federation, A/57/38, 26th Session (2002) para 338.
66 World Bank Policy Research Report (n 64 above).
67 CO The Philippines, CEDAW/C/PHI/CO/6 (2006) para 30.
68 UNGA Res 41/128 (1986) states that the ‘human person should be the active participant and beneficiary of the right to development’.
69 H Steiner, ‘Social Rights and Economic Development: Converging Discourses’ (1998) 4 Buffalo Human Rights L Rev 25.
70 C Romany, ‘State Responsibility goes Private: the Feminist Critique of the Public/Private Distinction in International Human Rights Law’ in RJ Cook (ed), Human Rights of Women: National and International Perspectives (1994) 85, 108 (citing art 3).
71 UNGA Res 41/128 (1986). This resolution was preceded by the Commission on Human Rights resolution 4 (XXXIII), 21 February 1977. See also World Conference on Human Rights, Vienna Declaration and Programme of Action, (12 July 1993) UN Doc A/Conf. 157/23 para 10.
72 CO Trinidad and Tobago, A/57/38, 26th Session (2002) para 156.
73 eg question to Turkey, UN Doc CEDAW/PSWG/2005/I/CRP.1/Add.8, para 1. It noted ‘the lack of information on the integration of a gender perspective in the State party’s economic planning’. CO Turkey, A/60/38, 32nd Session (2005) para 379.
74 eg CO China, CEDAW/C/CHN/CO/6 (2006) paras 15–16.
75 eg CO Belarus, A/59/38, 30th session (2000) para 354.
76 CO China, CEDAW/C/CHN/CO/6 (2006) paras 15–16.
77 eg CEDAW, ‘Working paper on the World Summit on Sustainable Development’ (n 8 above) para 6(i); CO Mauritius, CEDAW/C/MAR/CO/5 (2006) para 8.
78 Beijing Platform for Action (n 25 above) para 47.
79 SE Sweeney, ‘Government Respect for Women’s Economic Rights’ in S Hertel and L Minkler (eds), Economic Rights Conceptual, Measurement and Policy Issues (2007) 233, 236–9.
80 CO India, CEDAW/C/IND/CO/3 (2007) para 46.
81 See E Evatt, ‘Private Global Enterprises, International Trade and Finance’ in HB Schöpp-Schilling and C Flinterman (eds), The Circle of Empowerment: Twenty-Five Years of The UN Committee on The Elimination of Discrimination against Women (2007) 106, 117.
82 Decision 43/II, Statement by the Committee on the Elimination of Discrimination against Women on the international financial crisis and its consequences for the human rights of women and girls, UN Doc A/64/38 (Supp), 43rd Session (2009), Annex I.
83 eg CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 39; CO Ireland, A/60/38, 33rd session (2005) para 393; Statement of the Committee on the Elimination of Discrimination against Women on the situation in Haiti, UN Doc A/65/38, 45th Session (2010).
84 CEDAW, ‘Working paper on the World Summit on Sustainable Development’ (n 8 above) para 2.
89 GR 24 para 7. See also the Beijing Declaration and Platform for Action (n 25 above) para 216.
90 GR 28 para 31 (using the language of ‘lifespan’).
91 UNGA Res 48/104 (1993) recognizes that violence against women has led to the ‘prevention of the full advancement of women’.
92 eg CO Bolivarian Republic of Venezuela, CEDAW/C/VEN/CO/6 (2006) para 18.
93 eg GR 18; CO Myanmar, CEDAW/C/MMR/CO/3 (2008) para 33; CO India, CEDAW/C/IND/CO/3 (2007) para 15. The Convention on the Rights of Persons with Disabilities, art 6 identifies the multiple discriminations faced by women with disabilities.
94 S Goonesekere, ‘The Conceptual and Legal Dimensions of a Rights-Based Approach, and its Gender Dimensions’ in UN Division for the Advancement of Women, A Rights-Based Approach to Women’s Empowerment and Advancement and Gender Equality (1998).
95 Vienna Declaration and Programme of Action, (1993) UN Doc A/CONF.157/23 part I para 18; part II para 36.
96 Relevant conferences are listed in a number of concluding observations, eg CO Samoa, A/60/38, 32nd Session (2005) para 68.
97 Beijing Declaration and Platform for Action para 213.
98 UNGA Res 55/2, United Nations Millennium Declaration, UN Doc A/RES/55/2 (2000) para 20.
99 eg the MDGs, Goal Three: ‘Promote Gender Equality and Empower Women’.
100 P Alston, ‘Ships Passing in the Night: The Current State of the Human Rights and Development Debate seen through the Lens of the Millennium Development Goals’ (2005) 27 Human Rights Quarterly 755.
101 S Goonesekere, ‘Universalizing Women’s Human Rights through CEDAW’ in Schöpp-Schilling and Flinterman (eds) (n 81 above) 52, 65.
102 OHCHR, Claiming the Millennium Development Goals: A Human Rights Approach (2008) 7.
103 P Alston and M Robinson (eds), Human Rights and Development: Towards Mutual Reinforcement (2005).
104 The Mandate of the Special Rapporteur on Violence Against Women (1994–2009)—A Critical Review, 35.
105 ‘From victimization towards empowerment’, ibid 34.
106 eg CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 43; CO Myanmar, CEDAW/C/MMR/CO/3 (2008) para 53; CO India, CEDAW/C/IND/CO/3 (2007) para 63; CO Israel, CEDAW/C/ISR/CO/3 (2005) para 45.
107 Rehof (n 3 above) 64.
108 R Cook, ‘State Accountability under the Convention on the Elimination of All Forms of Discrimin-ation against Women’ in Cook (ed), (n 70 above) 228, 236.
111 The earlier general recommendation on Violence against Women, GR 12, did not mention art 3.
112 UK, One Year on Report (n 7 above) para 6. The UK mentions art 5(b).
114 See also GR 28 para 16.
116 eg the questions asked of Japan about educational programmes for women; CO Japan, UN Doc A/49/38 (Supp) 13th Session (1994) art 3 para 561 could have been located under art 10.
117 eg asked about programmes for the advancement of women, the Russian representative described programmes of support for women to enter public life which could have been supplied under art 7; CO Russia, UN Doc A/57/38, 14th Session (1995) art 3 para 504.
118 eg CO Madagascar, CEDAW/C/MDG/CO/5 (2008) para 32.
119 GR 21 para 50. This obligation is said to be required by arts 2, 3, and 24.
120 Z Ilic and I Corti, UNITAR Manual on Human Rights Reporting, UN Doc HR/PUB/91/1 (1991).
121 GR 6 does not refer to art 3 or 24.
122 eg CO Bolivarian Republic of Venezuela, CEDAW/C/VEN/CO/6 (2006) para 6 (welcoming efforts at strengthening the national machinery for the advancement of women).
123 S Cusak and RJ Cook, ‘Combating Discrimination Based on Sex and Gender’ in C Krause and M Scheinin (eds), International Protection of Human Rights: A Textbook (2009) 205, 208.
124 eg CO Bolivarian Republic of Venezuela, CEDAW/C/VEN/CO/6 (2006) para 7.
125 eg CO Italy, A/60/38, 32nd session (2005) para 318.
126 eg CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 14.
127 CO Japan, UN Doc A/49/38, 13th Session (1994) art 3, para 563.
128 eg CO Malaysia, CEDAW/C/MYS/CO/2 (2006) para 5.
129 CO Samoa, A/60/38, 32nd Session (2005) para 41.
130 eg CO Sierra Leone, CEDAW/C/SLE/Q/5 (2007) art 3, para 8 (questioning about government plans to deploy regional desk officers outside of Freetown).
131 eg CO Bolivarian Republic of Venezuela, CEDAW/C/VEN/CO/6 (2006) para 17; CO Nigeria, CEDAW/C/NGA/CO/6 (2008) para 9.
132 eg CO Ireland, A/60/38, 33rd Session (2005) para 385.
133 eg question to DPR Korea, CEDAW/PSWG/2005/II/CRP.1/Add.3 (2005) art 3, para 5.
134 The Committee regularly refers to the Beijing Platform, eg CO New Zealand, CEDAW/C/NZL/CO/6 (2006) para 6.
135 CO Eritrea, CEDAW/C/ERI/CO/3 (2006) para 12.
136 eg CO Benin, CEDAW/PSWG/2005/II/CRP.1/Add.1 (2005) art 3, para 7.
137 eg CO Guatemala, A/57/38, Exceptional Session (2002) para 180.
138 eg General Observations Russian Federation, UN Doc A/50/38 (Supp) 14th Session (1995) para 503.
139 eg General Observations, The Netherlands, UN Doc A/49/38 (Supp) 13th Session (1994) para 265.
140 eg CO St Lucia, CEDAW/C/LCA/Q/6, (2006) art 3, para 5; CO Pakistan, CEDAW/C/PAK/Q/3 (2007) art 3, para 6.
141 eg CO Lithuania, CEDAW/C/LTU/CO/4 (2008) para 72.
142 eg CO Peru, CEDAW/C/PER/CO/6 (2007) para 14.
143 eg question to the FYROM, 34th Session CEDAW/C/MKD/Q/1–3 (2005) art 3, para 3.
144 eg CO Lithuania, CEDAW/C/LTU/CO/4 (2008) para 73.
145 eg question to Mauritius, CEDAW/C/MAR/Q/5 (2006) para 5.
146 eg CO Denmark, CEDAW/C/DEN/CO/6 (2006) para 5.
147 eg ibid (concern that the Gender Equality Division had only four employees and that the work of the gender focal points was in addition to their regular tasks).
148 eg CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 5; CO Estonia, A/57/38, 26th Session (2002) para 91.
149 eg question to Lao People’s Democratic Republic, CEDAW/PSWG/2005/I/CRP.1/Add.5 (2005) art 3, para 4.
150 CO Ireland, A/60/38, 33rd Session (2005) para 377.
151 eg CO Germany, A/59/38, 30th Session (2004) para 382.
152 See generally H Charlesworth, ‘Not Waving But Drowning: Gender Mainstreaming and Human Rights in the United Nations’ (2005) 18 Harvard Human Rights J 1–18; S Kouvo, ‘The United Nations and Gender Mainstreaming: Limits and Possibilities’ in D Buss and A Manji (eds), International Law: Modern Feminist Approaches (2005) 237–52.
153 CO Indonesia, CEDAW/C/IDN/CO/5 (2007) para 14.
154 CO Lithuania, CEDAW/C/LTU/CO/4 (2008) para 72.
155 eg CO Germany, A/59/38, 30th Session (2004) para 378.
156 eg CO New Zealand, CEDAW/C/NZL/CO/6 (2006) para 15; CO Czech Republic, CEDAW/C/CZE/CO/3 (2006) para 12.
157 eg CO China, CEDAW/C/CHN/CO/6 (2006) para 16.
158 eg CO Trinidad and Tobago, A/57/38, 26th Session (2002) para 143.
159 eg CO Iceland, A/57/38, 26th Session (2002) para 254.
160 eg CO Mauritania, CEDAW/C/MRT/CO/1 (2007) para 24.
161 E Evatt, ‘Private Global Enterprises, International Trade and Finance’ in Schöpp-Schilling and Flinterman (eds) (n 81 above) 106.
162 CEDAW, ‘Working Paper on the World Summit on Sustainable Development’ (n 8 above) para 6(g).
163 ‘Report on Mexico produced by the Committee on the Elimination of Discrimination against Women under art 8 of the Optional Protocol to the Convention, and reply from the Government of Mexico’, CEDAW/C/2005/OP.8/MEXICO para 50.
164 Art 3 was not mentioned in earlier individual communications: Ms AT v Hungary CEDAW Communication No 2/2003 (2005), CEDAW/C/32/D/2003 or Ms AS v Hungary CEDAW Communication No 4/2004 (2006), CEDAW/C/36/D/4/2004. Ms NSF v the UK CEDAW Communication No 10/2005, did not invoke any Convention article but the Committee remarked that the asylum claim appeared ‘to raise issues under arts 2 and 3 of the Convention’. The Communication was found inadmissible for failure to exhaust domestic remedies.
165 Communication No 5/2005 (6 August 2007) CEDAW/C/39/D/5/2005.
167 Communication No 6/2005 (1 October 2007) CEDAW/C/39/D/6/2005.
169 eg questions to Gambia, CEDAW/PSWG/2005/II/CRP.1/Add.4, 33rd Session (2005) art 3, para 3.
170 Question to DPR Korea, CEDAW/PSWG/2005/II/CRP.1/Add.3, 33rd Session (2005) art 3, para 6.
171 This phrase from the Philippines’ draft was removed during drafting; Rehof (n 3 above) 63.
172 eg CO Romania, CEDAW/C/2000/II/CRP.3/Add.7 (2000) para 300; CO Cook Islands, CEDAW/C/COK/CO/1 (2007) para 13.
173 eg CO Ireland, A/60/38, 33rd Session (2005) para 385.
174 CO Cook Islands, CEDAW/C/COK/CO/1 (2007) para 27.
175 General Observations Japan, A/49/38 (Supp) 13th Session (1994) art 3, para 561. See also discussion in ch on art 10.
176 GR 9 does not refer to art 3, although the Committee has done so elsewhere in relation to statistics.
177 eg CO China CEDAW/C/CHN/CO/6 (2006) para 16.
178 CO Peru, CEDAW/C/PER/CO/6 (2007) para 10.
179 CO India, CEDAW/C/IND/CO/3 (2007) para 15.
180 CO Peru, CEDAW/C/PER/CO/6, (2007) para 11.
181 eg CO Uzbekistan, CEDAW/C/UZB/CO/3 (2006) para 17.
182 GR 25 para 34; question to Cambodia, CEDAW/C/KHM/Q/1–3 (2005) art 3, para 8.
183 CO Nigeria, CEDAW/C/NGA/CO/6 (2008) para 7.
184 eg CO Malaysia, CEDAW/C/MYS/CO/2 (2006) para 32.
185 eg question to Turkmenistan, CEDAW/C/TKM/Q/2 (2006) art 3, para 9.
186 eg CO Belarus, A/59/38, 30th Session (2004) paras 343–4.
187 eg CO Uzbekistan, CEDAW/C/UZB/CO/3 (2006) para 17.
188 eg CO Cook Islands, CEDAW/C/COK/CO/1, (2007) para 17; question to Syria, 38th Session CEDAW/C/SYR/Q/1, (2006) art 3, para 9.
189 eg CO Eritrea, CEDAW/C/ERI/CO/3 (2006) para 32.