Women’s Discrimination: What is CEDAW

The CEDAW logo

Since CEDAW will become a major issue in the forthcoming People’s Tribunal to be held later this year. I thought it might be worth publishing what exactly the Convention says . A number of people have asked what exactly it means for them. Some wonder whether it can help the 3.8 million people who lost their case in the courts and were refused permission to appeal to the Supreme Court.

If you read this it sounds idealistic rather like some of the great statements of the past whether it was the founding fathers of the American Constitution or the founding charter of the United Nations. The reason why it is important is once this statement is written into law it follows that the law of the country has to change and people can cite the new law to end discrimination and protect their rights. This is statement is followed by an action plan on how the government of the day has to implement it. No wonder it has not yet been incorporated into English law.

Many many issues of discrimination against women will be affected

The answer is that all women would be affected by the change. CEDAW was cited by BackTo60’s lawyers in their case – but because even though the convention, ratified by Margaret Thatcher, is applicable in the courts and in Parliament because it had not been put into domestic law the judiciary they appear not to understand its implications.. If it was not only the 50swomen case but many, many other issues of discrimination against women will be on much stronger grounds.

Should as current opinion polls show the Scottish National Party win next month’s Parliamentary elections one of the first moves will include legislating to incorporate CEDAW into Scottish law. This will provide an early example of how effective the change will be for women and girls.

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,

Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights,

Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women,

Concerned, however, that despite these various instruments extensive discrimination against women continues to exist,

Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity,

Concerned that in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs,

Convinced that the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women,

Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the rights of men and women,

Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women,

Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields,

Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole,

Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women,

Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations,

Independent panel of judges announced to head tribunal examining discrimination against women

Dr Jocelynne Stutt. Pic credit: Cambridge Labour Party

The campaign to introduce a comprehensive bill of rights for women by implementing in full the UN Convention for the Elimination of all Discrimination Against Women (CEDAW) takes a major step forward this weekend.

Five high profile women -one a former judge – have agreed to serve on the panel which will sift evidence to be presented at the CEDAW People’s Tribunal later this year presided over by John Cooper, QC, a human rights lawyer,.

CEDAW is “like motherhood and apple pie” – John Cooper QC

John Cooper said the issue should not be controversial – ” it is like motherhood and apple pie”.

He said the tribunal should have three main goals – independence, transparency and authenticity.

” There are three main areas to investigate: Why CEDAW has never put into UK law; whether there was any good reason for not doing so, and most importantly, to make recommendations on what should happen next.”

The movement to implement comprehensive changes in the law for all women and girls has come from the historic unequal treatment of women and the exposure of poverty and hardship by women born in the 1950s who had to wait an extra six years for their pension. Campaigners pointed out that Margaret Thatcher had signed up to the convention as long ago as 1986 but it had never been properly implemented into UK law -despite Gordon Brown’s government passing the Equality Act in 2010.

Worse the position of the 50s women was just the tip of the iceberg of unequal treatment which covers everything from unequal pay to discrimination in the workplace and women being subject to harassment and sexual abuse and even given poor treatment in jails.

The tribunal will take place as the devolved governments in Scotland and Wales are considering implementing laws to apply the convention – leading to an extraordinary situation where women will have more rights and redress against discrimination and inequality in Scotland and Wales than in England. All this will bring home the issue to the present Tory government whether it wants to do anything about it or not.

The president of the new panel is the Hon. Jocelynne Annette Scutt, an Australian feminist and human rights lawyer and senior law fellow at the University of Buckingham. She has written about money, marriage and property rights and more recently about plastic surgery, women’s bodies and the law. She was Tasmania’s first anti discrimination commissioner and is a member of the Labour Party and the Australian Labor Party. She is a former judge in Fiji.

The other panel members are:

Christine Chinkin

Christine Chinkin, FBA is Emerita Professor of International Law, Professorial Research Fellow and Founding Director of the Centre of Women Peace & Security at LSE. 

She is a barrister, a member of Matrix Chambers. Together with H. Charlesworth, she won the American Society of International Law, 2005 Goler T. Butcher Medal ‘for outstanding contributions to the development or effective realization of international human rights law’. She is a William C Cook Global Law Professor at the University of Michigan Law School.

She has held visiting appointments in Australia, the United States, Singapore and the People’s Republic of China. She is currently a member of the Kosovo Human Rights Advisory Panel and was Scientific Advisor to the Council of Europe’s Committee for the drafting of the Convention on Preventing and Combatting Violence against Women and Domestic Violence.

Jane Gordon

Jane Gordon MA (Oxon) LLM (Distinction) is a human rights lawyer with over 20 years’ experience working in human rights legal practice and policy at domestic, regional and international levels. Jane co-founded Sisters For Change with her sister, SFC Executive Director, in 2014. Jane was Human Rights Advisor to the Northern Ireland Policing Board (2003-2008) where she co-devised the first ever framework for monitoring the human rights compliance of the police.

In 2009-2010, she was appointed Human Rights Advisor to Her Majesty’s Inspectorate of Constabulary’s national policing protest review. Jane has litigated cases of serious human rights violations against Russia, Turkey, Georgia, Armenia and Ukraine before the European Court of Human Rights, and advised national human rights institutions, public authorities and oversight mechanisms in Jamaica, India, Malawi, Iraq, Ireland and across the UK. Between 2008-2017,

Jane was a Senior Fellow at LSE’s Centre for the Study of Human Rights and LSE’s Centre for Women, Peace and Security where she delivered LSE’s practitioner short course on Women’s Human Rights. In 2013-2014, Jane served as gender advisor/SGBV investigator with the UN Commission of Inquiry on Syria. Jane is additionally a member of the Foreign Secretary’s Human Rights Advisory Group.

Aisha Gill : Pic Credit: Putney local website

Professor Aisha K. Gill, Ph.D. (University of Essex) CBE is Professor of Criminology at University of Roehampton. Her main areas of interest focus on health and criminal justice responses to violence against Black, minority ethnic and refugee (BMER) women in the UK, Georgia, Iraqi Kurdistan, Libya, India, Pakistan and Yemen. Professor Gill is often in the news as a commentator on early/child/forced marriage, violence predicated on ‘honour’, and sexual violence in South Asian communities.

Professor Gill has been involved in addressing the problem of violence against women and girls (VAWG) at the grassroots level for the past 21 years. She is invited adviser to the Independent Police Complaints Commission (IPCC) strategic support group on investigations and complaints involving gendered forms of violence against women in the UK (including domestic violence); member of Liberty’s Project Advisory Group; member of Kurdish Women’s Rights Watch; Imkaan and Chair of Newham Asian Women’s Project (2004-2009). In October 2019, she was invited to join the Victims’ Commissioner’s Advisory Panel, chaired by Dame Vera Baird, QC.

Professor Fareda Banda Pic Credit:Black Female professors Forum.

Professor Fareda Banda, at the School of Oriental and African Studies, London University.

She joined SOAS in 1996. She has convened and taught English Family law, Human rights of women and Law and Society since then. She has also contributed to various courses including Alternative Dispute Resolution, Law and Development, Law and Development in Africa and Legal Systems of Asia and Africa.  She has supervised PhD theses on topics including children’s rights, sexual violence against women, post-conflict reconstruction and gender. She writes on women’s rights, family law, and, more recently, religion. Fareda has been an active member of the School’s Equality Committee, first in her capacity as the union equality officer and more recently as the representative of the Faculty of Law and Social Sciences.

The new panel members are delighted and honoured to be appointed. Dr Davina Lloyd, Chair of the CPT Steering Committee, said:” The well being of future generations is in excellent hands”.

Expect more of this on my blog as the campaign gains momentum throughout the rest of this year.

My blog in 2020: The year total visitors passed over 2 million

Welcoming the New Year in London

Happy New Year. Since this blog was launched at the very end of 2009 it has had over 2.8 million hits and over 2 million visitors – a remarkable achievement – even if I say it myself – for a single handed effort.

The number of blogs on my site also topped over 1000 – 1072 – to be exact. Last year my blog got 511,721 hits – that is fewer than the 1,041,000 the previous year – but still the second highest figure since it started.

BackTo60 campaign

I am extremely grateful that so many people are interested enough to read my news and views on current issues and also to the women following the BackTo60 campaign who have had a dispiriting year after losing their Court of Appeal case for compensation for raising their state pension age from 60 to 66. They are also having to wait for a very long time to find out whether the Supreme Court will hear their cases – far too long in my opinion. If it goes to the Supreme Court I shall be reporting it.

Like last year the majority of most read stories were about that campaign. The most read story of all last year was the revelation – from a reader using a Freedom of Information request – that 4.6 million men over 60 had their national insurance contributions paid by the state if they did not register for the dole to keep the unemployment figures down. This had over 64,000 hits and when the Department for Work and Pensions revised this figure to a staggering 9.8 million that had another 34,600 hits – bringing interest in both stories to nearly 100,000.

Coverage of BackTo60’s Court of Appeal hearing was the second highest at 58,860 – which is a pretty high figure for a court case.

Also an old story on how the government has saved paying out £271 billion to the National Insurance Fund which could have paid for higher pensions and also stopped the need to raise the pension age for women had another 22,000 hits. Originally written in the summer of 2018 this enduring blog has now had 311,000 hits altogether.

Boris Johnson announcing the Brexit deal in Parliament. Pic credit: @UK Parliament_Jessica Taylor

Outside other highly read blogs on the pensions campaign the most read blog was one on how Boris Johnson and other Cabinet Ministers were moving towards an elective dictatorship by devolving power to themselves rather than Parliament under new Brexit laws. That had 35,554 hits.

Byline Times

This year there has been a subtle change in coverage on my blog of stories I write for Byline Times. Last year I tended to provide a short summary of the story on my blog. This year most of my Byline Times stories appear by themselves and are not automatically repeated on my blog. They get even wider coverage on Byline Times so those who want to see them and follow me on Twitter do get tweets telling them about the story. Or you could take out a subscription to Byline Times and get a monthly print newspaper.

Ending discrimination against women

There will be new developments next year. I will be blogging about the People’s Tribunal run by John Cooper, QC, the human rights lawyer, to end all forms of discrimination against women. This is a movement which wants to get the UK Parliament to put into domestic law the UN Convention on the Elimination of All forms of Discrimination Against Women. The UK ratified it under Margaret Thatcher but nothing has been done since.

It comes as Elizabeth Truss, the equalities minister, appears to want to reverse progress what she calls “identity politics” so I foresee fresh battles over this issue. And I am curious to see how the Equality and Human Rights Commission is going to handle this.

Dr Usha Prasad

I shall also be taking up some individual cases of injustice. The recent blog on the plight of Epsom and St Helier University Health Trust’s only woman cardiologist just one example – where a health trust is pursuing an individual and where they are whistleblowing issues.

I shall continue to keep an eye on political issues -particularly as incompetence, the chumocracy and corruption are on the rise in the UK and plan to write about it on Byline Times and this blog.

I have started again reporting on child sexual abuse again and plan more articles.

2021 promises to be a challenging year – the first post Brexit year- and I feel more than ready to meet it.

New Year fireworks in Dubai where my daughter and grandchildren are living. She is a science teacher there.

Exclusive: How the People’s Tribunal will fight for every discriminated woman and girl in the UK

This new film released today covers both the reaction to the Judicial Review hearing last month and the birth of the People’s Tribunal. It also shows that under BackTo60’s leadership the two are interlinked.

The BackTo60 campaign was aimed to help 3.8 million women born in the 1950s get full restitution for their pensions. The People’s Tribunal has a hugely enlarged audience covering all women and girls in the United Kingdom and seeking to end the discrimination against all women.

Both are linked by injustice. The 50sWomen campaign wants restitution for the implementation of unfair laws – the 1995, 2007 and 2011 Pensions Act because of the adverse effect on one large group of women.

The People’s Tribunal want the UK to bring into domestic law the UN Convention for the Elimination of Discrimination Against Women (Cedaw).

The UK is already signed up to the convention – Margaret Thatcher did so in 1986 – but unlike other countries has not put the convention into UK law. The UK has also never appointed a representative to sit on the UN committee in Geneva either.

Any such legislation would transform women’s rights to fight discrimination and have a massive effect on the legal system of this country.

It would also give women a massive confidence boost that they would know beyond doubt they are equal to men and if they are treated any worse than men have a powerful tool to pursue any injustice through law.

Some people might think that in modern Britain women already do have equal rights with men. But when you think that despite equal pay laws and an Equality Act under the Blair Labour government, many women still do not have equal pay now nor do they have equal progression in their chosen career.

Despite strides – including all women short lists – there is not equal representation in Parliament among MPs and women more than men suffer domestic abuse.

Professor Jackie Jones, who was an expert witness in the judicial review and is part of the People’s Tribunal team, explains all of this very well in another YouTube video which you can watch below.

Finally all this going to cost money and today the People’s Tribunal launch a big crowdfunding appeal to set up and run the tribunal. They need to raise £75,000 but it will be worth every penny. The link top the crowdfunder is here.

A new campaign: A People’s Tribunal to get rid of ALL discrimination against girls and women.

BackTo60 yesterday launched a new campaign to get the United Kingdom to implement something they should done 34 years ago – pass laws to both empower and eliminate all discrimination against women.

For 1986 is the year Margaret Thatcher decided to sign up to the UN Convention on the Elimination of Discrimination Against Women ( acronym CEDAW) but failed to put through Parliament any laws to back it up.

This should not be a Left versus Right issue – since Thatcherites and Corbynites and anybody in between- should agree. Unless they still hold the nineteenth century view that half the nation are inferior and should not have equal rights with men.

BackTo60 decided to launch this because next week’s Court of Appeal hearing on the government’s denial to pay back the 3.8 million women born in the 1950s their pensions from 60 to 66 – also involve the UN Convention on the Elimination of Discrimination Against Women – because there was no level playing field for women to get their pension in the first place.

This enormously broadens BackTo 60’s campaign since it involves campaigning for the rights of half the population.

The mechanism they have chosen to bring this to public attention is a People’s Tribunal – these date back to the 1960s when the Bertrand Russell Foundation – held an inquiry into the US role in the Vietnam War.

This new tribunal is expected to consist of three independent ( probably retired) judges and led by the advocate John Cooper QC. a human rights and criminal law barrister, who is regarded by the Times as one of the 100 most influential lawyers in the country, and was on the tribunal that investigated atrocities in Iran.

Two other key members are Professor Jackie Jones,a former MEP for Wales and Professor of Feminist Studies at the University of West England , a leading advocate and expert on CEDAW and Hannah Manzur, a former EU  Gender Policy Advisor at the European Parliament,. Here is the full statement:

John Cooper said the issue should not be controversial – ” it is like motherhood and apple pie”.

He said the tribunal should have three main goals – independence, transparency and authenticity.

” There are three main areas to investigate: Why CEDAW has never put into UK law; whether there was any good reason for not doing so, and most importantly, to make recommendations on what should happen next.”

He added that he was already having support for the idea from a number of leading figures.

Jackie Jones said on the launch: ” Enough is Enough. We have waited nearly 40 years for this. It high time this is written into law and it is really important that girls now at school should be able to reach their full potential.”

Hannah Manzur said :

“We are delighted to announce the establishment of the CEDAW People’s Tribunal which will act as a powerful tool in both pushing for progress on gender equality and shining a light on the Government’s failure to uphold its binding promise to take proactive and comprehensive steps to eliminate gender discrimination.

” Forty years after this groundbreaking international convention was signed by the Government, women and girls still face overwhelming barriers to achieving their full potential due to persistent inequality and discrimination.

“This Tribunal will collect an authoritative body of evidence and expertise which will be reviewed and deliberated on by a panel of independent judges.

” We will be working to assess the gap between the Government’s commitment to CEDAW and its record on gender equality, including its failure to transpose CEDAW into domestic law and appoint a UK CEDAW representative. It’s time for us to hold the Government to account on its duty to eliminate discrimination against women and make gender equality a reality for women and girls across the UK.”

The only thing I have to add is that I shall be backing this campaign with the same vigour I have showed in reporting and investigating the BackTo60 campaign for full restitution for the 3.8m women who lost out on the raising of the pension age.