Committee on Women in the Law’s Statement of Support of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)

New York County Lawyers’ Association

Board of Directors

14 Vesey Street

New York, NY 10007

March 25, 2016

To the Board of Directors:

This letter represents the Committee on Women in the Law’s Statement of Support of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). What follows is an overview of the goals and purpose of CEDAW, its history in Congress, the impact its adoption in the United States would have, and the existing support already in place for its passage.

What is CEDAW?

As of December 2015, 187 of the 193 United Nations member states have ratified CEDAW, yet the United States is among six countries that have not yet ratified the Convention, which also include Iran, Sudan, Palau, Somalia and Tonga.

CEDAW was first adopted in 1979 by the UN General Assembly and consists of a preamble and 30 articles. Often described as the international “bill of rights” for women, CEDAW “defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.” Discrimination against women is defined within CEDAW as “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.”

States that adopt CEDAW commit to undertaking measures to end discrimination in all forms, and “commit themselves to undertake a series of measures to end discrimination in all forms, including:

To incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
To establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and
To ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.”

CEDAW’s Hstory in the United States

CEDAW was signed by President Carter in July 1980 and was submitted to the Senate Foreign Relations Committee in November 1980. Yet it sat idle until the summer of 1990 when hearings were held in the Senate Foreign Relations Committee. The State Department testified at these hearing that they had not completed a legal analysis of how CEDAW comports with United States law and CEDAW was not brought to a vote.

In the Spring of 1993, 68 Senators sent a letter to President Clinton urging him to take action to ratify CEDAW. In both 1994 and 2002, the Senate Foreign Relations Committee favorably voted on the treaty but the Senate floor never saw CEDAW for a vote. In 2010, the Obama administration strongly supported ratification of CEDAW and the Senate Judiciary Subcommittee on Human Rights and the Law held a hearing on CEDAW. In the 2011 Senate Foreign Relations subcommittees’ joint hearing on Women and the Arab Spring, several speakers noted that CEDAW has helped to advance the rights of women and girls in the Middle East and North Africa. On June 24, 2014, Senator Barbara Boxer presided over a hearing on Combating Violence and Discrimination against Women: A Global Call to Action, with the support of 74 organizations that urged the ratification of CEDAW and the International Violence against Women Act (IVAWA).

Nigerian human rights attorney Hauwa Ibrahim who testified at the June 2014 hearing, illustrated the powerful impact of a U.S. ratification of CEDAW: “You are indeed a beacon of hope, and a city on a hill. The passing of IVAWA and CEDAW would lighten our load.” In January of 2016, the Leadership Conference on Civil and Human Rights which convenes a CEDAW Task Force of almost 200 national organizations, shared with the Senate that one of their legislative goals was the ratification of CEDAW. The Leadership Conference on Civil and Human Rights has compiled a list of 190 organizations that are in support of CEDAW. Yet, it remains that CEDAW has never been brought to the Senate floor for a vote.

The Impact of CEDAW

The need for the U.S. to ratify CEDAW is of significance internationally as well as domestically. As a world leader, the United States can make an important statement in the international community, set an example for the leading standard of morality, and secure a role in the conversation regarding the rights of women and girls in the future. Signing on to CEDAW is an opportunity for the U.S. to reinforce for the world the importance of the obligations we all share to protect the rights of women and girls.

The U.S. has made great strides and improvements in its attempts to rectify the social and economic obstacles that women face on a daily basis, including the passage of Title VII, Title XI, the Pregnancy in Employment Act, the Family Medical Leave Act, the Violence Against Women Act, and the Equal Pay Act, as well as countless state laws providing for paid sick leave, public and private breastfeeding, and abortion rights. While these successes have helped promote and perpetuate gender equality in this country, more that needs to be done. Women are currently making 79 cents for every dollar earned by a man, with African-American women and Latinas making even less, earning 64 cents and 54 cents respectively. Additionally, one out of every three women is a victim of domestic violence and one out of every five women will be experience sexual violence in their lifetime. Simply put, women in the U.S. are still not enjoying full equality in 2016.

Signatories to CEDAW must report every four years on what is being done to prevent and eradicate discrimination against women in their country. This self-evaluation required by CEDAW will require the U.S. to identify areas where women are not enjoying full and equal rights and create a plan to move forward. Ratifying CEDAW sends a message throughout the U.S., and the world that affirms the importance of equality for women and girls, acknowledging that ongoing attention and action is required to achieve full gender equality, and committing to achieving such equality.

Broad Support for the Ratification of CEDAW in the United States

Although U.S. ratification has not taken place yet, broad bipartisan support exists for the passage of CEDAW as shown by the more than 180 leading organizations – representing millions of people in the U.S. – who support the ratification of the Convention. In September 1995, representatives of 189 governments came together at the Fourth World Conference on Women where the Beijing Declaration and Platform for Action was formed, which made commitments for gender equality and empowerment of all women. CEDAW was one of many international agreements upheld by the Platform for Action.

On the local level, support for CEDAW is clearly embodied in the Cities for CEDAW campaign. Cities for CEDAW was born in 2013 as a grassroots campaign for local organizations and municipalities to be able to effectively initiate CEDAW in their local governments. Cities for CEDAW was launched at a 2013 meeting of the UN Committee on the Status of Women by the NGO Committee on the Status of Women. This movement was founded by The Women’s Intercultural Network and the San Francisco Department on the Status of Women and joined in 2015 by the Leadership Conference on Civil and Human Rights.

The Cities for CEDAW Campaign provides a mechanism for localities to adopt measures that reflect CEDAW principles protecting the human rights of women and girls by addressing barriers to full equality. As the first city to implement a CEDAW resolution, San Francisco became an early model for advocates and organizations who were trying to adopt CEDAW principles locally. The San Francisco model includes transformative components such as the gender analysis guidelines for assessment, recommendations, and implementation; the CEDAW Task Force for advocacy and oversight; and the San Francisco Gender Equality Principles Initiative for engaging the private sector.

To date, five cities have passed CEDAW ordinances: San Francisco, Los Angeles, Berkeley, Miami-Dade County, and West Hollywood. Another seven cities have CEDAW ordinances pending passage, including Cincinnati, Daly City, Honolulu, Louisville, Kansas City, University City, and Washington, D.C. More than 24 NGO coalitions in other cities have expressed an interest in establishing the principles of CEDAW locally.

The localized efforts to implement CEDAW demonstrate the broad support in the United States for ratification of CEDAW. The current state of gender inequality in the United States justifies the need for ratification in the United States. Ratification of CEDAW would allow the United States to become a leader in advancing the need for equality at home and across the world.

It is our hope that this letter will serve as an educational tool to the Board on the history and importance of this U.N. resolution.

Respectfully Submitted,

The NYCLA Committee on Women in the Law

Committee authors:

Jamie Sinclair, Co-Chair

Jennifer Becker, Co-Chair

Mini Ravindran, Member

Beth Golub, Member

Jamie Haar, Member

Enclosure

Organizations in Support of CEDAW

ACT for Women and Girls
ADVANCE
Advocates for Youth
Alaska Federation of Natives
American Anthropological Association
American Association of University Women
American Baptist Women’s Ministries
American Bar Association
American Civil Liberties Union
American Federation of Teachers
American Friends Service Committee
American Islamic Congress
American Jewish Committee
American Jewish World Service
American Library Association
American Psychiatric Association
American Psychological Association
Amnesty International USA
Anti-Defamation League
Asian American Justice Center
The Association for Women in Psychology
Better World Campaign
Black Women United for Action
Business And Professional Women/USA
Cardea Center for Women
CARE USA
Catholics for Choice
CEDPA
Center for American Progress
Center for Health and Gender Equity
Center for International Policy
Center for Reproductive Rights
Center for Women Policy Studies
Center for Women’s Global Leadership
Church Women United
Church World Service
Citizens for Global Solutions
Clearinghouse on Women’s Issues
Coalition of Labor Union Women
Coalition to Stop Violence Against Native Women
Communications Consortium Media Center
The Communications Workers of America
Congregation of the Sisters of St. Agnes
Connect US
CRISIS: Global Public Health
Delta Sigma Theta Sorority
Department for Professional Employees, AFL-CIO
Department on the Status of Women, San Francisco
Demos
Disability Rights Education and Defense Fund
Enterprising and Professional Women of the United States of America
The Episcopal Church USA
Equal Justice Society
Equality Now
Family Violence Prevention Fund
Federally Employed Women
Federation of American Women’s Clubs Overseas
Feminist Majority
Friends Committee on National Legislation
Geena Davis Institute on Gender and Media
Gender Action
General Federation of Women’s Clubs
Georgetown University Law Center Women’s Legal Alliance
Global Fund for Women
Global Justice Ministry, Metropolitan Community Churches
Global Rights: Partners for Justice
Global Summit of Women
Gray Panthers
Hadassah, The Women’s Zionist Organization of America
Heifer International
Human Rights Advocates
Human Rights Ahead
Human Rights First
Human Rights Coalition of North Carolina
Human Rights Watch
The Hunger Project
In Every Language
Institute for Science and Human Values
Interaction
Interfaith Center, New York City
International Center for Research on Women
International Convocation of Unitarian Universalist Women
International Gay and Lesbian Human Rights Commission
International Labor Rights Forum
International Women’s Health Coalition
International Women’s Rights Action Watch
Ipas
Just Associates (JASS)
Jewish Council for Public Affairs
Jewish Women International
Joint Action Committee for Political Affairs
Lawyers Committee for Civil Rights Under Law
The Leadership Conference on Civil and Human Rights
Leadership Council on Human Rights
League of Women Voters of the United States
Legal Momentum
Lummi Victims of Crime Program
MADRE
Maryknoll Office of Global Concerns
MomsRising.org
Ms. Foundation for Women
NAACP
Na’amat USA
National Asian Pacific American Women’s Forum
National Association of Commissions for Women
National Association of Social Workers
9to5 National Association of Working Women
National Coalition Against Domestic Violence
National Committee on CEDAW
National Conference for Community and Justice
National Conference of Puerto Rican Women
National Congress of American Indians
National Council of Churches USA, Women’s Ministries
National Council of Jewish Women
National Council of La Raza
National Council of Negro Women
National Council of Women’s Organizations
National Education Association
National Employment Lawyers Association
National Health Law Program
National Law Center on Homelessness and Poverty
National Lawyers Guild
National Network to End Domestic Violence
National Organization for Women
National Partnership for Women and Families
National Spiritual Assembly of the Baha’is of the United States
National Women and AIDS Collective
National Women’s Law Center
National Women’s Political Caucus
NETWORK, A National Catholic Social Justice Lobby
The Newspaper Guild
Older Women’s League
Open Society Policy Center
Physicians for Human Rights
Planned Parenthood Federation of America
Presbyterian Church USA
Project Kesher
Refugee Women’s Network
Refugees International
Religious Action Center
Robert F. Kennedy Memorial Center for Human Rights
Sargent Shriver National Center on Poverty Law
Service Employees International Union
Service Women’s Action Network
Sigma Delta Epsilon/Graduate Women in Science
Sisters of Mercy
SisterSong
Soroptimist International of the Americas
Strong Hearted Native Women’s Coalition, Inc.
Tahirih Justice Center
TransAfrica Forum
Unitarian Universalist Association of Congregations
United Church of Christ
United Methodist Church, General Board of Church & Society
United Methodist Women
United Nations Association, USA
United Nations Foundation
United States Committee for UNIFEM
United States Human Rights Network
Urban Justice Center
US Women and Cuba Collaboration
US Women Connect
Vital Voices
WAND
Washington Office on Latin America
Wider Opportunities for Women
WILD for Human Rights
WITNESS
Woman’s National Democratic Club
Women Donors Network
Women for Women International
Women Graduates USA
Women of Color Policy Network
Women of Reform Judaism
WomenNC
Women Thrive Worldwide
Women’s Business Development Center
Women’s City Club of New York
Women’s Environment and Development Organization
Women’s Intercultural Network
Women’s International League for Peace and Freedom, U.S. Section
Women’s Learning Partnership
Women’s Missionary Society of the African Methodist Episcopal Church
Women’s Refugee Commission
Women’s Research and Education Institute
Women’s UN Report Network
World Rights
World Without Genocide
YWCA
Zonta International