Combating Discrimination Based on Sex and Gender

Abstract

This chapter provides an introduction to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (Optional Protocol). It examines the object and purpose of CEDAW and considers the obligations imposed on States Parties to protect and promote women’s rights. The Chapter also examines the role and mandate of the Committee on the Elimination of Discrimination against Women, the UN treaty body responsible for monitoring States Parties’ compliance with CEDAW. In so doing, it analyses the Committee’s key jurisprudence under the Optional Protocol. Despite significant normative developments in guaranteeing women’s human rights and fundamental freedoms, intractable forms of discrimination against women persist, including gender stereotyping. The chapter concludes by examining some of the challenges that lay ahead for the elimination of all forms of discrimination against women and the realization of substantive equality.

Keywords: CEDAW, Convention on the elimination of All Forms of Discrimination Against Women, gender discrimination, sex discrimination, Optional Protocol

JEL Classification: K00, K10, K33