Convention on the Elimination of all Forms of Discrimination against Women
The overarching purpose of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is the eradication of any such concurrent traditional practices or laws in a State that discriminate against women on the basis of their sex and to provide them a manifesto of equal opportunities and rights through domestic enforcement of their inherent rights.
The Convention consists of a total of 30 Articles. Articles 1, 10, 11, 12, 13, 14, 15 and 16 are substantive provisions, whereas Articles 2, 3, 4, 5, 6, 7, 8, 9, 23 and 24 are the implementing provisions.
| ARTICLE | CONTENT |
| Article 1 | Definition of discrimination |
| Article 2 | Policy measures (duty of State Parties to eliminate discriminatory laws, policies and practices in the national legal framework) |
| Article 3 | Guarantee of basic human rights and fundamental freedoms |
| Article 4 | Special measures (temporary special measures to enhance equality of women) |
| Article 6 | Prostitution and trafficking |
| Article 7 | Political and public life |
| Article 8 | Representation |
| Article 9 | Nationality |
| Article 10 | Education |
| Article 11 | Employment |
| Article 12 | Health |
| Article 13 | Economic and social benefits |
| Article 14 | Rural Women |
| Article 15 | Equality of men and women before the law |
| Article 16 | Marriage and family life |
| Article 17 | Provision on the Committee on the Elimination of Discrimination against Women |
| Article 18 | National reports |
| Article 19 | Rules of procedure |
| Article 20 | Committee meetings |
| Article 21 | Committee reports |
| Article 22 | Role of specialized agencies |
| Article 23 | Effect on other treaties |
| Article 24 | Commitment of State Parties |
| Article 25-30 | Administration of the Convention |
| Figure 2.9 – Summary of the CEDAW
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In order to monitor implementation of the CEDAW, the Convention created the Committee on the Elimination of All Forms of Discrimination against Women. Like the other treaty bodies, the CEDAW Committee comprises independent experts responsible for monitoring progress under the CEDAW through compliance reports submitted by States Parties.
The Committee on the Elimination of Discrimination against Women may, under certain conditions, receive and consider individual complaints alleging violations of the rights enlisted within the Convention. Pakistan, however, has not recognized the competence of the Committee to do so. Those States that have ratified the Optional Protocol to the Convention on the Elimination of Discrimination against Women recognize the competence of the Committee to consider individual communications. While Pakistan has not recognized the competence of the CEDAW Committee to receive and consider individual communications, it has established a domestic helpline service for complaints regarding human rights violations. The Constitution of Pakistan safeguards equality of all citizens in Article 25, and provides protection against discrimination through non-discrimination guarantees contained in Articles 26 and 27. These provisions, along with others relevant to the rights enlisted within the CEDAW, are reproduced below:
| CONSTITUTIONAL PROVISION | |
| Article 25A | Equality of citizens.
(1) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination on the basis of sex. (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. |
| Article 26 | Non-discrimination in respect of access to public places.
(1) In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth. (2) Nothing in clause (1) shall prevent the State from making any special provision for women and children. |
| Article 27 | Safeguard against discrimination in services.
(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth. |
| Article 34 | Full participation of women in national life:
Steps shall be taken to ensure full participation of women in all spheres of national life. |
| Article 35
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Protection of family, etc.:
The State shall protect the marriage, the family, the mother and the child. |
| Figure 2.10 – CEDAW and corresponding Constitutional Provisions
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For the purposes of this Guide, the Right to Equality and Non-Discrimination in the Criminal Justice System and a focus on the rights of women will be discussed in detail in Section 6. However, a non-exhaustive list of domestic legal instruments in Pakistan which provide similar protections afforded under CEDAW is presented below:
- Punjab Protection of Women Against Violence Act 2016
- Punjab Commission on the Status of Women Act 2014
- Sindh Domestic Violence (Prevention and Protection) Act 2013
- Reproductive Healthcare and Rights Act 2013
- National Commission on the Status of Women Act 2012
- Women in Distress and Detention Fund Act 1996
- Criminal Law (Second Amendment) Act 2011
- Criminal Law (Third Amendment) Act 2011 (on prevention of anti-women practices)
- Acid Control and Acid Crime Prevention Act 2010 Criminal Law (Amendment) Act 2010 (on sexual harassment)
- Punjab Protection against Harassment of Women at the Workplace Act 2010
- The Domestic Violence Prevention and Protection Act 2009
- North-West Frontier Province Establishment of a Commission on the Status of Women Act 2009
- The Protection of Women (Criminal Laws) (Amendments) Act 2006
- The Criminal Law (Amendment) Act 2004 (on Honour crimes)
- Family Courts Act 1964 The Muslim Family Laws Ordinance 1961
- The West Pakistan Maternity Benefit Ordinance 1958
- The West Pakistan Maternity Benefit Rules 1961
- Mines Maternity Benefit Act 1941 The Child Marriage Restraint Act 1929
- Balochistan Domestic Violence (Prevention and Protection) Act 2014 Punjab Fair Representation of Women Act 2014
- Balochistan Protection and Promotion of Breast-feeding and Child Nutrition Act 2014
With regard to the CEDAW, there are several Federal and Provincial institutions that play an important role in the protection of women’s rights guaranteed under the Convention. These include the following:
- National Commission of Human Rights (NCHR)
- National Commission on the Status of Women (NCSW)
- National Commission for Minorities
- National Commission on the Rights of the Child (NCRC)
- Ministry of Inter-Provincial Coordination
- Women Development Departments in all the provinces
- Inter Provincial Coordination Departments in all the provinces