Summary
The Convention on the Elimination of All Forms of Discrimination against Women outlaws discrimination on the basis of gender, and obliges its parties to repeal discriminatory laws and guarantee equality in the fields of health, employment, and education. The Optional Protocol is a subsidiary agreement to the Convention. It does not establish any new rights, but rather allows the rights guaranteed in the Convention to be enforced.
Articles 1 - 7 create an individual complaints mechanism similar to those of the First Optional Protocol to the International Covenant on Civil and Political Rights, Optional Protocol to the Convention on the Rights of Persons with Disabilities and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. Parties agree to recognise the competence of the Committee on the Elimination of Discrimination against Women to consider complaints "by or on behalf of" individuals or groups who claim their rights under the Convention have been violated. If a complaint is submitted on behalf of a victim, then this requires their consent, unless the submitter can justify acting without it. What constitutes "justification" in such a case is up to the Committee. The ability for complaints to be submitted on behalf of victims is seen as vital in allowing NGOs such as women's organizations and human rights groups to use the Protocol to enforce the Convention.
Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints referring to events which occurred before the country concerned joined the Optional Protocol are not permitted. The Committee can request information from and make recommendations to a party, though these are not binding.
Articles 8 - 10 create an inquiry mechanism. Parties may permit the Committee to investigate, report on and make recommendations on "grave or systematic violations" of the Convention. The Committee may invite the relevant party to respond and inform it of any measures taken as a result of such an inquiry, either directly or through the normal reporting process under the Convention. Parties may opt out of this obligation on signature or ratification, but only Bangladesh, Belize and Colombia have done so.
Article 11 requires parties to ensure that those complaining under the Optional Protocol are not subjected to ill-treatment or intimidation.
Article 13 requires parties to inform their citizens about the Convention, the Optional Protocol, and the rulings of the Committee, so as to facilitate complaints.
Articles 12 and 14 govern the procedure and reporting of the Committee in handling complaints.
Articles 15 - 21 govern ratification, entry into force, and amendment of the Optional Protocol.
Read more about this topic: Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women
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