Ligestillingsudvalget 2014-15 (1. samling), Dansk Interparlamentarisk Gruppes bestyrelse 2014-15 (1. samling)
LIU Alm.del Bilag 12, IPU Alm.del Bilag 1
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National parliaments and the Convention on the Elimination of All Forms
of Discrimination against Women
Statement on the relationship of the Committee on the Elimination of Discrimination
against Women with parliamentarians
1. At its forty-first session, the Committee adopted a standard paragraph on “Parliament” in
its concluding observations in order to draw to the attention of State parties, the importance of
involving its parliament in the reporting process under article 18 of the Convention and the
implementation of all the provisions of the Convention.
2. The aim of the present note is to clarify and strengthen the role of national parliaments vis-
à-vis the Convention. The note is also aimed at clarifying the relationship between the
Committee and the Inter-Parliamentary Union (IPU).
I. Role of Parliaments in the process of ratification of the Convention and
its Optional Protocol and withdrawal of reservations
3. The procedure for ratification/accession to international instruments as well as the
withdrawal of reservations varies from State to State. In most States, approval by Parliament
is necessary before the deposit of the instrument of ratification to the Secretary-General of the
United Nations. Similarly, decisions concerning reservations as well as their withdrawals are
also taken in Parliament. This Parliamentary procedure also applies to the Convention and
its Optional Protocol. Consequently, Parliaments have a strategic role to play with respect to
the ratification/accession of the Convention and its Optional Protocol. As the Convention and
its Protocol have not attained universal ratification, Parliament can play a significant role in
encouraging their State in becoming a party to the Convention and its Protocol. Similarly, as
the Convention is the treaty body with the largest number of reservations, Parliament can also
play a significant role in their withdrawal .
II. Parliaments and the implementation of the Convention
4. Parliaments and their members have a vital role to play in ensuring respect for the
principles enunciated in the Convention and they have a wide range of tools at their disposal
to do so. In discharging their traditional duty of overseeing the work of Government,
Parliament can ensure that States parties comply fully with the provisions of the Convention.
Parliaments and their members have a fundamental responsibility in their role of
“constituency”, which is the basis of the legal system. The functions of Parliaments —
notably legislative and budgetary functions and oversight of the executive branch of the
Government — are at the heart of the implementation of the principles and rights enshrined in
the Convention. The implementation of the Convention includes the incorporation of the
principle of non-discrimination against women in national legislation, including in the
Constitution of the State party. It also imposes an obligation on the State Party to condemn
discrimination against women, to abolish all discriminatory laws and to adopt, whenever
appropriate, temporary special measures to accelerate de facto equality between women and
men. It also obligates States Parties to adopt appropriate policies and establish mechanisms
aimed at promoting equality between sexes. As such, Parliamentarians can take active
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measures to ensure that national laws, policies, actions, programmes and budget reflect the
principles and obligations in the Convention.
The budgetary functions and the monitoring of governmental action are vital for a better
implementation of laws relating to equality between sexes, through the approval of adequate
budgets and a regular oversight of the impact of governmental measures with respect to the
condition of women.
Parliament, as an organ representing the population as a whole, reflects the diversity of
opinion and interests in the country by reason of its privileged access to the whole
population. As such, Parliamentarians can be key players in raising awareness of the
Convention and its Protocol to the population at large and to women in particular.
III. Role of Parliaments in the drafting of reports and follow-up to the
concluding observations of the Committee
5. States are not legally obliged to involve Parliaments in the drafting of reports under article
18, as it is the State which has the primary responsibility of doing so. However, as the
Convention is binding on all branches of Government, it is desirable that States parties
involve Parliament in the reporting process under Article 18 of the Convention, the
implementation of the Convention and the follow up to the concluding observations of the
Committee. States parties are strongly encouraged to establish an appropriate mechanism to
facilitate collaboration between Parliament and Government with regard to the input of its
Parliament in the elaboration of reports, and its role in following up on the concluding
observations of the Committee. The monitoring role of Parliament with respect to the
compliance by the State of its international obligations, could considerably enhance the
implementation of the recommendations of the Committee.
6. Consequently, it is necessary for States parties to urge Parliament, many of which now
have some structures in place, such as Parliamentary Committees focusing on human
rights including gender equality, to take an active part in the work of the Committee in
general, as well as in the implementation of its provisions in their own country.
IV. Action of the Inter-Parliamentary Union and its relationship with the
Committee
7. IPU has always strived to bring a parliamentary dimension to international cooperation and
the work of the Committee. It is playing a key role in disseminating the Convention and its
Optional Protocol among parliamentarians. During its conferences and the sessions of its
Assembly, the organization regularly invites States that have not ratified the Convention and
its Optional Protocol to do so. It also encourages States parties that have made reservations to
the Convention to withdraw them and to fulfil their obligations. The Secretary- General of
IPU writes to the presidents of the legislative assemblies to inform them about the upcoming
consideration of the report of their country by the Committee. Once the Committee’s
concluding observations are available, a letter is sent to the parliament concerned to bring to
its attention the recommendations adopted. In 2003 IPU, with the assistance of the Division
for the Advancement of Women, published a practical guide for the use of parliamentarians
on the Convention and its Optional Protocol. Every year, IPU organizes briefings on the
Convention, addressed to women parliamentarians in particular. IPU also provides, in
collaboration with the Office of the United Nations High Commissioner for Human Rights,
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technical assistance programmes in order to build the capacities of parliaments and help them
fulfil their role regarding the implementation of Convention and its Optional Protocol. Since
2006, IPU also provides Committee with country specific information including data on
the political participation of women in Parliament and in Government as well as at the local
level with regard to States whose reports are under consideration by the Committee.
V. RECOMMENDATIONS
8. The Committee recommends that States parties ensure the full participation of
Parliament and its members in the reporting process and the full implementation of
the Convention and its Protocol.
9. Given the key role of Parliament, the Committee recommends that States parties
ensure that Parliamentarians, as representatives of the people, be made aware and
informed of the Committee’s work so that they may take it into account in their
legislative functions and relay it to their constituencies and to the public at large.
10. The Committee recommends that State parties ensure that all relevant information is
made available to Parliamentarians on a regular basis through
appropriate
Parliamentary support services.
11. The Committee further recommends that information received by Government on its
obligations as a State party and other matters of concern are brought to the attention of
Parliamentarians.
12. The Committee recommends that whenever members of the Committee are invited
to visit a State party, it is desirable that the State party organize meetings with
Parliamentarians.
13. The Committee encourages States parties to include in their reports, information on
all parliamentary initiatives in the elaboration of laws in order to ensure full
incorporation of CEDAW provisions into domestic legislation.
14. The Committee reiterates the importance of strengthening the national machinery
dedicated to equality at the level of Parliament, such as Commissions on gender
equality, missions and information on inquiries relating to violence against women,
and improvement of legislation on equality between women and men.
15. The Committee draws the attention of States parties to the fact that institutional
linkages and informal relations with civil society and women’s organizations are
fundamental to the promotion of women’s rights by the Parliament.
16. The Committee encourages States parties to include in their delegation before the
Committee for the examination of their report, members of Parliament as well as a
special advisor in charge of relations between the Government and the Parliament in
order to improve the visibility of parliamentary responsibilities.
17. The Committee calls on State parties to evaluate its collaboration with its national
Parliament and other Parliaments and to take appropriate measures to enhance
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cooperation between Parliaments in order to exchange best practices on the
implementation of the Convention.
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