Convention on the Elimination of all Forms of Discrimination Against Women: Article 17(7)-(9)
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/08/05
Article 17
7. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee’s responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.
Convention on the Elimination of all Forms of Discrimination Against Women (1979)
In the case of the operations of a Convention, we find the need to fill slots of the committee that forms it. The Committee representative of the CEDAW or the Convention on the Elimination of all Form of Discrimination Against Women remains an important one.
It provides a foundation for the real-world deliberation and implementation through absolute majority elected people with high moral character. The issue then becomes what to make of the formalities found in these too. The State Party or nation who has had an expert lease their post in some capacity will have another expert fill the role.
This comes with two stipulations in Article 17(7). One is the need for this expert leaving on behalf of the country should have a replacement who is also a member or expert from that country. The other is the Committee as a whole has a final approval on this individual’s placement within the Committee in service of the Convention.
Article 17(8) speaks to the importance of benefits to be received from the United Nations for the Committee. The Committee’s benefits would be limited to the approval of the General Assembly. The terms and conditions would be dependent on the stipulations of the General Assembly.
However, the General Assembly in the consideration of the approval of further resources out of the United Nations to the Committee would be dependent on the regard for the Committee by the General Assembly. Based on the deliberation of the General Assembly, the importance of the Committee will determine the approval or disapproval of the funding for it.
In Article 17(9), the highest-ranking member of the United Nations, the Secretary-General, will be giving staff and facilities, as is necessary, for the proper performance and functions of the Committee. Those functions or operations are to be determined within the current instantiation of the Convention.
As noted in prior articles, there are stipulations within the Convention speaking to the possibility for revisions to the Convention as technology and science progress over time. The example given was within the reproductive health rights sphere. Over time, these developments in science and technology could easily influence the access to reproductive health technologies for women. This becomes one basis for recalling the ability to alter some aspects of the Convention.
In terms of Article 17, this deals with the provisions of materials and approval for resources by the General Assembly of the United Nations as well as the voting and membership structure of the Committee relevant to the Convention.
–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.
- International Covenant on Civil and Political Rights (1966).
- Convention on the Elimination of all Forms of Discrimination Against Women (1979).
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).
- 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).
- Council of Europe Convention on preventing and combating violence against women and domestic violence or the Istanbul Convention (2011) Article 38 and Article 39.
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