Other Human Rights instruments for persons with disabilities in Turkey and the Western Balkans: CEDAW Ana Pelaez UNITED NATIONS COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES

Understanding & Using Three Principles The CEDAW Convention establishes a framework that draws on three over-arching principles. SUBSTANTIVE EQUALITY SUBSTANTIVE EQUALITY NON-DISCRIMINATION STATE OBLIGATION STATE OBLIGATION

Structure of the Convention Articles Committee and Procedures Arts 6-16: Specific Substantive Areas Articles 1-5: General Substantive Framework of the Convention Articles 23-30: Administration, Interpretation :

The Principle of Substantive Equality 3 APPROCAHES TO EQUALITY Formal or Sameness Approach Protectionist Approach Substantive Equality

1. Recognizes difference and affirms equality between men and women 2. Encompasses both de jure and de facto equality 3. Places an obligation to correct the environment that disadvantages women; the Corrective Approach. Preferential access to girls and women Temporary special measures Focus on achieving results

Substantive Equality. Makes the playing field even by requiring all initiatives to lead to: Equality of opportunities Equality of access Equality of results or benefits

The Principle of Non- discrimination: Article 1 For the purpose of the present Convention, the term “discrimination against women” shall mean 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.

NON –DISCRIMINATION Direct or Indirect (Intended or Unintended) – e.g neutral law which has effect of discriminating In law (de jure) or in practice (de facto) Present or Past/Structural (e.g. historical discrimination) In all fields (civil, political, social, cultural, economic) Intersectional/Multiple Discrimination

The use of an Intersectional Analysis By shifting the focus from the singular status of disability to the way in which disability interacts with gender, intersectionality allows human rights advocates to identify and articulate a set of robust standards relating to women with disabilities that can be applied to states. Article 6 of the CRPD refers to the above

What is Intersectionality?

The Principle of State Obligation The framework within which we hold States accountable: State Obligation Legally binding obligations Internal law is not an excuse for non-compliance Who is the State Party? ALL CONSTITUENT UNITS Internal divisions of power cannot be invoked as a defense A State is offering itself to scrutiny on the basis of standards set forth in the Convention

Private Actors CEDAW holds private actors accountable through the State The State must: (a) prevent and deter private acts of discrimination; (b) investigate and negate their consequences; (c) provide for remedies, redress, compensation or sanctions for the performance of such acts. Violations by private actors of a pervasive or persistent character

General Recommendations by CEDAW GR 18 recommends that States Parties to the CEDAW take measures to address the equal access of women with disabilities to education, employment, health services, and social services and to ensure the participation of women with disabilities in all areas of political, social and cultural life GR 24 analyzes the right to health in the context of women with disabilities and instructs states to “take appropriate measures to ensure that health services are sensitive to the needs of women with disabilities and are respectful of their human rights and dignity.”

Creates Advocacy Opportunities for Civil Society Drafting of Concluding ObservationS

What are we to do with a concluding observation? Popularize it – Disseminate in all languages Include in a Memorandum Remind your government – press statements, at meetings

Cross fertilize the information Use it for other reports and reporting mechanisms both at national and international levels eg UPR, other treaty body reviews

CEDAW response to disabilities The depth of the Committee’s comments on women with disabilities in its Concluding Observations to the reporting State Party is dependent on, and often limited by, the information provided by State Party itself. The Committee tends to ask for additional information on women with disabilities in its list of issues for review when information is volunteered on disability in the State Party report. Conversely, if disability is not mentioned, it tends to be omitted.

CEDAW response to disabilities Although they are not legally binding, by providing a clearer standard of compliance for State Parties, the Concluding Observations can be more specific as to what State behavior is acceptable and what it not, which in turn contributes to the development of clearer standards by which to judge the States Parties.

National activism Civil society activism starts way before Geneva or New York -Global to Local It is not only about engaging in UN mechanisms but national activism The principles and progressive interpretations of the CEDAW committee have relevance in our every day work

Civil Society activities and activism Monitoring Documentation – case studies Civil society coalitions – solidarity building Media advocacy- feature stories Briefing papers

The track record of most states in honoring their obligations under other treaties such as CEDAW indicates that there is likely to be much work to be done by civil society. By examining and articulating the rights standards from CEDAW as they apply to women with disabilities, advocates can work to promote, protect, fulfill the rights of women with disabilities.