Tien jaar individueel klachtrecht VN-Vrouwenverdrag - Is via een klacht bij het CEDAW-Comité de positie van vrouwen structureel te verbeteren?

Abstract

The complaints mechanism for the Convention on the Elimination of All Forms of Discrimination Against Women was adopted in 1999. Since 2002, when the CEDAWCommittee received the first Communication submitting a claim of violations of rights protected under the Convention, 28 Communications have been dealt with. In twelve Communications the CEDAWCommittee found a violation of the plaintiff’s (officially the ‘author’s’) rights under the Convention. The Committee formulated specific recommendations to the State Party with respect to appropriate compensation for the author as well as to improve policies and/ or adapt legislation. Issues at stake include: – protection against violence against women; – ensure that gender stereotypes do not affect decision-making by judges, lawyers and law enforcement officers; – reproductive rights (involuntary sterilisation, therapeutic abortion, access to adequate, affordable obstetric care). In the four cases in which the followup procedure has been completed the Committee has achieved considerable improvements in the implementation of policies, often thanks to the suggestions of the authors and NGOs involved. The CEDAW’s complaints procedure thus seems to be a mechanism that can strengthen women’s human rights.