Law and policy frameworks

Law or Policy

The CEDAW has been granting women equal status, as well as empowering them in several areas, such as in politics, in legislature, in society, and also in their own private lives. CEDAW has been having a positive impact on women's rights, and today, women are more powerful and accomplished than ever before.

The issue of Women's Rights has, today, become extremely important and relevant, and everywhere, all over the world, women are demanding for their rights, and everywhere, women are indeed getting empowered by the laws that grant them these rights and make it possible for women to have a certain degree of power and independence and human rights. As far as International Law is concerned, the issue of women's rights has become an extremely interesting as well as an exciting and fast developing field of activity that deals with international human rights and their protection through laws. Treatise can be defined as the international equivalent explanation for 'legislation', and all major multinational treaties generally occupy a high place in the hierarchy of all legal authorities, depending on that particular domestic law of the state that it belongs to.

A treaty can also be at par with the domestic constitutional law of the state, and at times, it is necessary that jurisdiction be passed stating the validity of that treaty in the domestic scene. The 'CEDAW', or the 'United Nation's Convention on the Elimination of all Forms of Cruelty against Women', 1249, U.N.T.S 13, was signed in December 1979, and entered into force in the year 1989, was drafted and ratified by the United Nations, and it was indeed a major step onward the CEDAW has about 97 signatories, and about 165 member parties, according to the list of 'Multilateral Treaties' that are generally deposited with the Secretary-General. (International Women's Human Rights and Humanitarian Law)

Discussion:

The CEDAW is often described as the International Bill of Rights for Women, and it describes accurately and simply, the events that constitute for 'discrimination' against women in general, and advocates the setting up of a sort of national agenda to enforce national action that would put an end to such discriminations. The CEDAW consists of a Preamble, and also 30 Articles, and states that any type of discrimination that is based on sex, and which has the effect of either negating or nullifying the "recognition, enjoyment, or exercise by women," whether they are married or single, on the basis of the basic equality between men and women, and the human rights and also the "fundamental freedoms" that are afforded to women as a part of their basic rights, in the fields of economics or commerce or politics, as well as in normal society, and in a cultural or in a civil filed, or in any other manner. (Convention on the Elimination of All Forms of Discrimination against Women)

All the States are expected to adhere to the conditions stated within the CEDAW, and also undertake, by themselves, a series of measures that would tackle the issue of awarding equal opportunities for women without discrimination, and these are the following important considerations that they must keep in mind: they must be ready to inculcate the principle of equality between men and women, in their legal system, they must also be ready to abolish and get rid of all the existing discriminatory laws within their country, and enforce all the appropriate and relevant laws that deal with the equality of women and prohibit discrimination against women. The states must also be ready to either establish tribunals and forums or be ready to create any other form of public institutions that would have the idea of prohibiting inequality and discriminations against women, and that would enforce equality among all members of society, irrespective of their gender. The state must, in addition, be prepared to ensure that all types of discriminations against women be eliminated, whether they are committed by institutions, or by individuals, or by any organizations, or by any enterprises.

The CEDAW provides the basic foundation on which the issue of realizing the equality between men and women can be accomplished, and this is done by creating and ensuring that women have an equal access to political and also to public life, and that women are afforded equal opportunities as men in the fields of economics and politicos, so that women would also be able to vote for their leader, or to stand for an election themselves. Women would also be able to take part in major decision-making processes like in the fields of healthy, welfare, education, employment, and so on and so forth. The states are expected to take all the necessary and appropriate measures that would be needed to ensure that women might enjoy their rights and freedoms as they deserve to, and the states are expected to pass the necessary legislation and all other appropriate specialized measures to ensure that this freedom is kept up fully. (Convention on the Elimination of All Forms of Discrimination against Women)

In addition, the CEDAW is the only Human Rights treaty that guarantees and assures the various reproductive rights of women in such a way that both culture and tradition are molded together as the most influential factors that are responsible for shaping family life and the gender roles that are traditionally played out by both men and women. The CEDAW would also affirm a woman's right to acquire or to change or to retain their existing nationality, and also that of their children, as they see fit, and the state must also guarantee the fact that a woman must not be exploited in any way, especially in cases where women trafficking becomes a serious issue. All the several different countries that have accepted and acceded to the CEDAW are expected to follow all the rules and regulations specified by the United Nations, and are legally bound to put all the provisions specified within, into practice.