Article I of the Convention on the Elimination of all Forms of Discrimination Against Women
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/07/01
Article I
For the purposes of the present Convention, the term “discrimination against women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
Now, of the documents covered in the last week or so including The Universal Declaration of Human Rights in the Preamble, Article 16, and Article 25(2), Convention Against Discrimination in Education (1960) in Article 1, the International Covenant on Economic, Social and Cultural Rights (1966) in Article 3 and Article 13, and the Istanbul Convention Article 38 and Article 39.
The purpose of the Convention on the Elimination of all Forms of Discrimination Against Women is grounded around the Committeeon the Elimination of Discrimination against Women (CEDAW), which is independent experts, as a body of them, who monitor the implementation of the convention.
There are 23 experts from around the world who have specializations in women’s rights. With the document, we find one of the more prominent documents devoted to the fundamental human rights and protections of the bodies of women. As stated in some other recent work, the documents around the world are integral to the maintenance of the increased equality and freedom for women.
If you peer above, the first article emphasizes the sole purpose of it: non-discrimination against women. The prevention and reversal of the discrimination against women and human beings simply for being human beings. The basis is sex, not gender, in the documentation. So, individuals discriminated against based on biological sex rather than social, cultural, psychological, and emotional gender, which amounts to a complicated overlay and outgrowth of biology in connection with culture and other factors.
Of course, we are not amoebas or formless creatures, so biology connects to gender and sexuality – as we evolved and garnered capacities that come with concomitant limitations. The main emphasis here in the discrimination against women, which seems palpable around the world, begs several questions about the intentions or purposes of an international document devoted to the prevention of discrimination against women.
The forms of discrimination here include distinction, exclusion, or restriction. Each operation in the ways in which people may treat women, which can include how some women may treat some other women. These then extend into the world of purposeful impairment or nullification, either reduction or ignoring, of the contributions of women to the conversation.
These same operations work in regard to the enjoyment of a woman or the exercise of a woman. The broadest interpretation for enjoyment would be complete life satisfaction and wellbeing with eudaimonia found in the ancient Greek repertoire. If someone works to reduce the individual happiness of a woman, then the woman will be discriminated against there.
Same for the exercise of a woman. This does not mean working out (but it could, technically). This means the exercise of efforts by a woman in, for example, working for enjoyment in life.
To all the single ladies and the married women, it does not matter what your marital status; no man and no woman hold the right to withhold your own life from you. If they work to try to control you, then you have the right to leave them. They are in violation of this convention.
Same with the fundamental basis of equality. Women deserve it; men deserve it. This will be continued and elaborated on in coverage of subsequent Articles.
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One can find similar statements in other documents, conventions, declarations and so on, with the subsequent statements of equality or women’s rights:
- The Universal Declaration of Human Rights in the Preamble, Article 16, and Article 25(2).
- Convention Against Discrimination in Education (1960) in Article 1.
- The International Covenant on Economic, Social and Cultural Rights (1966) in Article 3 and Article 13.
- The Istanbul Convention Article 38 and Article 39.
- Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
- The Declaration on the Elimination of Discrimination Against Women (1993).
- Beijing Declaration(1995).
- United Nations Security Council Resolution 1325 (2000).
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000).
- The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa or the “Maputo Protocol” (2003).
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