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• Title:The UN Convention on the Elimination of all Forms of Discrimination against Women : a commentary / edited by Marsha A. Freeman, Christine Chinkin, Beate Rudolf ; assistant editors, Susann Kroworsch, Allison Sherrier, Sarah Wittkopp.
  
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• Variant Title:United Nations Convention on the Elimination of all Forms of Discrimination against Women
  
• Related Title:Convention on the Elimination of All Forms of Discrimination against Women
  
• Other Contributors/Collections:Rudolf, Beate.
  Freeman, Marsha A.
  Chinkin, Christine.
  
• Published/Created:Oxford ; New York : Oxford University Press, 2012.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: K3243.A4198 U5 2012
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:United Nations. Committee on the Elimination of Discrimination Against Women.
  Sex discrimination against women--Law and legislation.
  Women (International law)
  Women's rights.
  
• Subject(s):Convention on the Elimination of All Forms of Discrimination against Women (1979 December 18)
  
• Genre/Form:Law commentaries.
  
• Description:lvii, 731 pages ; 26 cm.
  
• Series:Oxford commentaries on international law.
  
• Summary:"This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. The Commentary describes the application of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol. It also includes a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations and case law under the Optional Protocol, through which the Committee has interpreted and applied the Convention. Each chapter is self-contained but the Commentary is conceived of as an integral whole. The book also includes an Introduction which provides an overview of the Convention and its embedding in the international law of human rights."--Publisher's website.
  
• Notes:Includes bibliographical references (pages [689]-711) and index.
  
• ISBN:9780199565061 (cloth)
  0199565066 (cloth)
  
• Contents:Machine generated contents note: A. Introduction
  B. Towards a Convention on Elimination of Discrimination against Women
  I. League of Nations
  II. UN Charter
  III. Declaration on the Elimination of Discrimination against Women, 1967
  IV. UN Decade for Women 1975-1985 and the Decade World Conferences
  V. Adoption of the Convention, 1979
  C. Structure of the Convention
  I. Preamble
  II. Articles 1 to 5
  III. Articles 6 to 16
  IV. Articles 17 to 22
  V. Articles 23 to 30
  VI. Optional Protocol
  D. Issues of Definition and Interpretation
  I. Committee as Interpretive Body
  II. Definitions
  1. Woman
  2. Gender
  3. Domestic Implementation
  III. Core Concepts
  1. Equality Model
  2. Equality and Equity
  IV. Women's Multiple Identities
  V. Respect, Protect, Fulfil
  E. Interpretive Processes and Mechanisms
  I. General Recommendations
  II. Concluding Observations
  III. Individual Communications and Inquiry
  IV. Suggestions, Decisions, and Statements
  V. Status of Interpretive Mechanisms as Sources of International Law
  VI. Contributions by NGOs
  F. Interpreting and Applying Convention Norms: Substantive and Contextual Issues
  I. Convention as a Human Rights Instrument
  II. Relationship to Other International Instruments
  III. Convention, Non-derogability, and Customary International Law
  IV. Integrating Gender Perspectives into the Human Rights Work of the United Nations
  V. Challenges Based on Religion and Culture
  VI. Challenges of Globalization
  G. Convention in the Twenty-first Century
  Preamble
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Structure of the Preamble
  II. Contents of the Preamble Paragraphs
  Article 1
  A. Introduction
  I. Background
  II. Concepts of Equality and Discrimination
  1. Formal Equality
  2. Substantive Equality
  3. Transformative Equality
  4. Equality of Opportunity
  5. Equality of Result or Equality of Outcome
  III. Comparison with Corresponding Articles in Other Human Rights Instruments
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Analysis of the Text
  1. `Any Distinction, Exclusion or Restriction Made on the Basis of [Sex]'
  2. `Sex, Gender and Sexuality'
  3. `Which has the Effect or Purpose of'
  4. `Impairing or Nullifying the Recognition, Enjoyment or Exercise by Women'
  5. `Irrespective of Their Marital Status'
  6. `On a Basis of Equality of Men and Women'
  7. `Of Human Rights and Fundamental Freedoms in the Political, Economic, Social, Cultural, Civil or any Other Field'
  II. Interpretation by the Committee
  1. General Approach
  2. Sex and Gender
  3. Sexuality/Sexual Orientation
  4. Concepts of Equality
  a). Formal and Substantive Equality
  b). De Jure and De Facto Equality
  c). Direct and Indirect Discrimination
  d). Equality of Opportunity/Equality of Outcome or Result
  e). Equality and Equity
  5. Relationship between Article 1 and Article 4
  6. Rights and Freedoms to Which the Convention Applies
  a). Broader Application: Violence against Women
  7. Intersectionality
  D. Reservations
  Article 2
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Chapeau
  1. `States Parties Condemn Discrimination against Women in all its Forms'
  2. `Agree to Pursue by all Appropriate Means and Without Delay a Policy of Eliminating Discrimination against Women'
  3. `All Appropriate Means'/`(All) Appropriate Measures'
  4. `And, to this End, Undertake'
  II. Article 2(a)
  1. Direct Incorporation of the Convention into Domestic Law
  2. `And to Ensure, Through Law and Other Appropriate Means, the Practical Realization of this Principle'
  III. Article 2(b)
  IV. Article 2(c)
  V. Article 2(d)
  VI. Article 2(e)
  VII. Article 2(f)
  VIII. Article 2(g)
  D. Other Issues of Application
  I. Federal States/States with Decentralized or Devolved Governance Arrangements
  II. Territorial Application of the Convention
  III. Extraterritorial Application of the Convention
  IV. Conduct of States Parties as Participants in International Organizations
  V. Ratification of Other Instruments
  E. Reservations
  Article 3
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. `States Parties Shall Take in All Fields'
  II. `In Particular in Political, Economic, Social, and Cultural Fields'
  III. `All Appropriate Measures'
  IV. `Including Legislation'
  V. `To Ensure the Full Development and Advancement of Women'
  VI. `For the Purpose of Guaranteeing them the Exercise and Enjoyment of Human Rights and Fundamental Freedoms'
  VII. `On a Basis of Equality with Men'
  D. Equality in Context
  I. Formal, Substantive, and Transformative Equality
  E. States Parties' Obligations
  I. Implementation: Respect, Protect, Promote and Fulfil
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Promote and Fulfil
  F. Conclusions
  Article 4
  A. Introduction
  I. Background
  II. Conceptual Framework of Article 4
  1. Special Measures are Integral to De Facto Equality
  2. Protecting Maternity is Integral to Development and Sustainability
  3. `Special'
  4. Mandatory Nature
  5. Financing of Special Measures
  6. Time Scale
  III. Comparison to Corresponding Articles in Other Human Rights Instruments
  B. Travaux Preparatoires
  C. Issues of Interpretation-Article 4(1)
  I. Promotional Equality
  1. Accelerating De Facto Equality
  2. `Special Measures'
  3. Special Measures Are Not Discriminatory
  4. Systemization of TSMs in Different Contexts
  5. Temporary
  II. Issues of Policy
  1. Merit
  2. Target Beneficiaries
  3. Burden on Third Parties
  III. Areas of Application
  1. Scope of Promotional Special Measures
  2. Intersectionality
  D. Issues of Interpretation-Article 4(2)
  I. Maternity
  1. Procreation
  -Biological Difference
  2. Childrearing
  Article 5
  A. Introduction
  I. Place and Function of Article 5 in the Convention
  1. Gender Stereotypes and Fixed Parental Gender Roles
  2. Place of Article 5 in the Convention
  3. Transformative Equality and Structural Discrimination
  4. Relationship between Article 5 and Discrimination against Women
  5. Equality, Dignity, and Diversity
  II. Gender Stereotypes and Fixed Parental Gender Roles
  1. Ideas about the Inferiority or Superiority of either of the Sexes
  2. Gender and Gender Stereotypes
  3. Fixed Parental Gender Roles
  4. Persistence of Gender Stereotypes
  5. Gender Stereotypes and Intersectional Discrimination
  III. Concept of Culture in the Context of Article 5
  IV. Related Provisions in Other Human Rights Documents
  B. Travaux Preparatoires
  I. Basis for the Article
  II. Developments during the Drafting Process
  C. Committee's Interpretation of Article 5
  I. References in Committee Documents
  II. Article 5 in Relation to the Prohibition of Discrimination against Women
  1. Direct Discrimination
  2. Indirect Discrimination
  3. Structural Discrimination
  III. Committee's Approach to Culture
  1. Committee's Response to Cultural Essentialism
  2. Cultural Practices and Beliefs under the Scope of Article 5
  a). Traditional Harmful Practices and Beliefs
  b). Machismo
  c). Protective Maternity Laws
  d). Breadwinner Models and Sharing Responsibilities within the Family
  e). Gender Stereotyping in Education and the Media
  3. Culture and Religion Cannot Justify Discrimination against Women
  D. Issues of Implementation
  I. Nature of the Obligations under Article 5
  1. All Appropriate Measures to Modify Patterns of Conduct and to Ensure Education
  2. Measures to Modify Stereotyped Representations of Women in Educational Materials, in Advertising, and in the Media
  a). State Party's Obligation to Change Stereotypes
  b). State Party's Obligation to Intervene in Public Expressions of Gender Stereotypes
  3. Measures to Eliminate Structural Discrimination and to Promote the Sharing of Family Responsibilities
  a). Revealing Structural Discrimination
  b). Abolishing and Amending Laws and Policies that Sustain Structural Discrimination
  c). Adopting New Laws and Public Policies
  4. Temporary Special Measures to Implement Article 5
  II. Extent of the Obligations
  1. Immediate or Gradual Implementation
  2. Public and Private Life
  3. Justiciability
  4. Reservations
  Article 6
  A. Introduction
  I. Historical Context and Main Concepts
  II. Role of the Convention
  III. CEDAW Committee Practice
  1. Concluding Observations
  2. General Recommendations
  3. Optional Protocol
  B. Travaux Preparatoires
  I. Article 6 Placement and Brevity
  II. Scope of Subject Matter
  1. `All Forms of Traffic'
  2. `Exploitation of Prostitution'
  3. Other Harms
  C. Issues of Interpretation
  I. `All Forms of Traffic'
  II. `Exploitation of Prostitution'
  D. Equality in Context
  I. Formal and Substantive Equality
  II. Transformative Equality
  III. Direct and Indirect Discrimination
  IV. Intersectional Discrimination
  E. States Parties' Obligation
  I. Nature of the Obligation
  1. `All Appropriate Measures'
  2. Immediate Implementation
  Contents note continued: 3. Specific and Non-specific Obligations
  II. Implementation
  I. Obligation to Respect
  a). No Prosecution of Trafficked Women for Status Offences
  b). No Routine Detention of Trafficked Women
  c). Respect for Established Rights
  d). Trafficked Women's and Girls' Citizenship and Nationality Rights
  e). Discrimination against Prostitutes
  f). Prompt and Accurate Identification of Trafficked Women
  2. Obligation to Protect
  a). Criminal Justice Responses to End Impunity
  b). Protection and Support for Victims
  c). Legal Assistance, Protection, and Temporary Residence Permits
  d). Safe and Preferably Voluntary Return and Options for Residency in Appropriate Cases
  e). Safe, Fair, and Equal Labour Migration Opportunities
  f). Special Protective and Punitive Measures in Conflict Contexts
  g). Special Protection for Girl Victims of Trafficking
  3. Obligation to Fulfil
  a). Access to Remedies
  b). Data Collection
  c). Addressing Demand as a Root Cause of Trafficking
  d). Promoting Trafficking Awareness in All Sectors of Society
  e). Structural Remedies to Address the Causes of Trafficking and Exploitation of Prostitution
  f). Bilateral and Multilateral Cooperation
  g). Cooperation with Civil Society in the Design and Implementation of Anti-Trafficking Interventions
  Article 7
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Chapeau
  1. Political and Public Life of the Country
  II. Article 7(a)
  1. Political System
  2. Choice of Electoral System
  III. Article 7(b)
  1. Government Policy
  2. Public Office and Public Functions
  3. Women in the Military
  4. Privatization
  5. Women's Access to Traditional Forms of Power
  6. Women in Post-conflict Reconstruction
  IV. Article 7(c)
  1. Non-governmental Organizations
  2. Associations Concerned with Political and Public Life
  3. Women in Political Parties
  4. Women in Trade Unions
  5. Fair Representation on Corporate Boards
  D. Equality in Context
  I. Formal Equality
  II. Substantive Equality
  III. Transformative Equality Including Elimination of Structural Obstacles and Gender Stereotyping
  IV. Direct vs Indirect Discrimination
  V. Intersectional Discrimination
  E. States Parties' Obligations
  I. Nature of the Obligations
  1. `All Appropriate Measures' including the Need for the Application of TSMs
  a). Types of TSMs in Political and Public Life
  2. Immediate vs Gradual Implementation
  II. Implementation
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Fulfil
  III. Justiciability
  IV. Reservations
  Article 8
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Opportunity to Represent their Governments at the International Level
  II. Opportunity to Participate in the Work of International Organizations
  III. Specifications of Article 8 in International Organizations
  IV. International Civil Service
  V. Women in Conflict Resolution, Peace-keeping, and Peace-building Missions
  D. Equality in Context
  I. Formal Equality
  II. Substantive Equality
  III. Transformative Equality including Elimination of Structural Obstacles and Gender Stereotyping
  IV. Direct vs Indirect Discrimination
  V. Intersectional Discrimination
  E. States Parties' Obligations
  I. Nature of the Obligations
  1. `All Appropriate Measures'
  2. Need for the Application of TSMs
  3. Immediate vs Gradual Implementation
  II. Implementation
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Fulfil
  III. Justiciability
  IV. Reservations
  Article 9
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Article 9(1) Equality and Non-discrimination in Respect of Women's Nationality
  1. Eliminating the Concept of Dependent Nationality
  II. Article 9(2) Equality with Respect to the Nationality of Children
  III. Right to a Passport and Article 9
  D. Equality in Context
  I. Formal Equality
  II. Substantive Equality
  III. Intersectional Discrimination
  E. States Parties' Obligations
  I. Nature of the Obligations
  II. Implementation
  1. Obligation to Respect and Protect
  2. Obligation to Fulfil
  III. Reservations
  Article 10
  A. Introduction
  I. Education as a Human Right: International and Regional Perspectives
  B. Travaux Preparatoires
  I. Article 10(a)
  II. Article 10(b)
  III. Article 10(c)
  IV. Article 10(f)
  V. Article 10(g)
  VI. Article 10(h)
  C. Issues of Interpretation
  I. Taking All Appropriate Measures
  II. Equality
  1. Article 10(a)
  2. Article 10(b)
  3. Article 10(c)
  a). Encouraging Coeducation
  4. Article 10(d)
  5. Article 10(e)
  6. Article 10(f)
  7. Article 10(g)
  8. Article 10(h)
  D. Equality in Context
  I. Formal Equality
  II. Moving Beyond Formal Equality
  III. Substantive Equality
  IV. Transformative Equality
  V. Direct Discrimination
  VI. Indirect Discrimination
  VII. Temporary Special Measures (TSMs)
  VIII. Intersectional Discrimination
  E. States Parties' Obligations
  I. Nature of State Obligations
  II. Implementation
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Fulfil
  III. Reservations
  Article 11
  A. Introduction
  I. ILO and Other UN Agencies
  II. Beijing Platform for Action
  III. Millennium Development Goals
  B. Travaux Preparatoires
  I. Differing Perspectives in Western, Socialist, and Developing Economies
  II. Reproductive Function
  III. Family Responsibilities
  IV. Costs of Maternity Protections and Social Services
  V. Pensionable Age and Part-time Work
  C. Issues of Interpretation
  I. Concepts
  II. Article 11(1)
  III. Article 11(1)(a)
  1. Inalienability and Cultural Restrictions on Women's Right to Work
  2. Realization of Full Employment
  3. Availability and Accessibility of Decent Work
  IV. Article 11(1)(b)
  1. Employment Opportunities
  2. Selection for Employment
  V. Article 11(1)(c)
  1. Free Choice of Profession and Employment
  2. Equal Treatment in Employment Conditions
  3. Sexual Harassment
  4. Vocational Training, Retraining, and Recurrent Training
  5. Part-time Work
  VI. Article 11(1)(d)
  VII. Article 11(1)(e)
  1. Coverage of Social Security Schemes
  2. Retirement
  3. Paid Leave
  VIII. Article 11(1)(f)
  1. Safe and Healthy Working Conditions
  2. Safeguarding of the Function of Reproduction
  3. Sexual Violence in the Work Environment
  IX. Article 11(2)
  X. Article 11(2)(a)
  1. Prohibition of Dismissal
  2. Discrimination in Conditions of Employment and in Acceptance to Employment
  XI. Article 11(2)(b)
  1. Right to Leave
  2. With Pay or Comparable Social Benefits
  3. Protection of Employment Status
  XII. Article 11(2)(c)
  1. Affordable and Accessible Child Care Facilities
  2. Encourage or Provide
  XIII. Article 11(2)(d)
  XIV. Article 11(3)
  D. Equality in Context
  I. Formal and Substantive Equality
  II. Direct and Indirect Discrimination
  III. Elimination of Structural Discrimination Including Gender Stereotyping
  IV. Transformative Equality
  V. Intersectional Discrimination
  E. States Parties' Obligations
  I. Nature of the Prohibition of Discrimination
  1. `All Appropriate Measures', Including the Need for Application of TSMs
  2. Immediate or Gradual Implementation
  II. Implementation
  III. Reservations
  Article 12
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Health and its Sex and Gender Dimensions
  II. Field of Health Care
  III. Access to Health Care Services
  IV. Reproductive and Sexual Health Services
  D. Equality in Context
  I. Formal Equality
  II. Substantive Equality
  III. Transformative Equality
  IV. Direct vs Indirect Discrimination
  V. Intersectional Discrimination
  VI. Temporary Special Measures (TSMs)
  E. States Parties' Obligations
  I. Nature of the obligations
  1. `All Appropriate Measures'
  2. Immediate vs Gradual Implementation
  3. Specific/Non-specific
  II. Implementation
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Fulfil
  III. Reservations
  F. Conclusion
  Article 13
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Chapeau
  1. `To Eliminate Discrimination'... in Order to Ensure... the Same Rights'
  2. `In Other Areas of Economic and Social Life'
  a). Economic and Social Rights not Protected by other CEDAW Provisions
  b). Civil and Political Rights Necessary for Participating in Economic and Social Life
  c). Access to Resources and Opportunities in Social and Economic Life
  d). Conclusion: Scope of Application of the Chapeau
  aa). Right to Self-employed Economic Activities
  bb). Right to Food
  cc). Right to Adequate Housing
  dd). Right to an Adequate Standard of Living
  ee). Right to Water
  ff). Right to Sanitation
  gg). Tax Laws
  hh). Right to Participate in Social Life
  ii). Right to Communication in Economic and Social Life
  II. Article 13(a): The Equal Right to Family Benefits
  Contents note continued: 1. Concepts
  2. Equality in Context
  III. Article 13(b): The Equal Right to Bank Loans, Mortgages, and Other Forms of Financial Credit
  1. Concepts
  2. Equality in Context
  IV. Article 13(c): The Equal Right to Participate in Recreational Activities, Sports, and all Aspects of Cultural Life
  1. Concepts
  2. Equality in Context
  D. States Parties' Obligations
  I. Nature of the Obligation
  II. Implementation
  -Respect, Protect, and Fulfil
  III. Reservations
  Article 14
  A. Introduction
  I. Who is a Rural Woman?
  II. Rural Women: From Development to Rights
  III. Rural Women within UN Structures
  B. Travaux Preparatoires
  I. Other Issues Discussed and Amendments Made
  1. Coverage
  2. Equality
  3. Health and Family Planning
  4. Education
  5. Self-help Groups and Cooperatives
  C. Issues of Interpretation
  I. Article 14(1)
  1. Significant Roles Which Rural Women Play in the Economic Survival of their Families
  II. Article 14(2)
  1. Participation
  2. Article 14(2)(a)
  3. Article 14(2)(b)
  4. Accessing Information
  5. Article 14(2)(c)
  6. Article 14(2)(d)
  7. Article 14(2)(e)
  8. Article 14(2)(f)
  9. Article 14(2)(g)
  a). Appropriate Technology
  b). Equal Treatment in Land
  c). Land Reform and Resettlement
  10. Article 14(2)(h)
  a). Housing
  b). Water
  c). Electricity, Communication, and Transport
  D. Equality in Context
  I. Formal Equality
  II. Substantive Equality
  III. Transformative Equality
  IV. Direct Discrimination
  V. Indirect Discrimination
  VI. Intersectionality
  VII. Temporary Special Measures (TSMs)
  E. States Parties' Obligations
  I. Obligation to Respect
  II. Obligation to Protect
  III. Obligation to Fulfil
  F. Reservations
  Article 15
  A. Introduction
  B. Travaux Preparatoires
  I. Article 15(1)
  II. Article 15(2)
  III. Article 15(3)
  IV. Article 15(4)
  C. Issues of Interpretation
  I. Article 15(1)
  1. Equality and Administration of Criminal Justice
  II. Article 15(2)
  1. Identical Legal Capacity
  2. Equality in Contractual and Property Transactions
  3. Equality in Access to Procedures in Civil Courts and Tribunals
  III. Article 15(3)
  IV. Article 15(4)
  D. Equality in Context
  I. Formal Equality
  II. Substantive Equality
  III. Transformative Equality Including Elimination of Structural Obstacles and Gender Stereotyping
  IV. Intersectional Discrimination
  E. States Parties' Obligations
  I. Nature of the obligation
  II. Implementation
  III. Reservations
  F. Conclusion
  Article 16
  A. Introduction
  I. Preliminary History
  II. Travaux Preparatoires
  III. General Recommendation 21
  B. Issues of Interpretation
  I. Chapeau
  1. `All Appropriate Measures... and in Particular'
  2. `Same Rights and Responsibilities'
  3. `Marriage and Family Relations'
  4. De Facto Relationships
  5. Unregistered Marriages as De Facto Unions
  6. Polygamy
  7. Equality in the Family and Multiple Legal Systems
  II. Article 16(1)
  1. Article 16(1)(a) The Same Right to Enter into Marriage
  2. Article 16(1)(b) The Same Right Freely to Choose a Spouse and to Enter into Marriage only with their Free and Full Consent
  a). Arranged Marriage and Forced Marriage
  3. Article 16(1)(c) The Same Rights and Responsibilities During Marriage and at its Dissolution
  a). During Marriage
  b). Dissolution of Marriage
  aa). Grounds for Divorce
  bb). Process and Procedure
  4. Article 16(1)(d) The Same Rights and Responsibilities as Parents, Irrespective of their Marital Status, in Matters Relating to their Children; in all Cases the Interests of the Children Shall Be Paramount
  a). Child Custody in Divorce: In all Such Cases, the Interest of the Children Shall Be Paramount
  b). Children Born Out of Wedlock
  5. Article 16(1)(e) The Same Rights to Decide Freely and Responsibly on the Number and Spacing of their Children and to Have Access to the Information, Education, and Means to Enable them to Exercise these Rights
  6. Article 16(1)(f) The Same Rights and Responsibilities With Regard to Guardianship, Wardship, Trusteeship, and Adoption of Children, or Similar Institutions Where these Concepts Exist in National Legislation; in all Cases the Interests of the Children Shall Be Paramount
  7. Article 16(1)(g) The Same Personal Rights as Husband and Wife, Including the Right to Choose a Family Name, a Profession, and an Occupation
  a). Right to Choose a Family Name
  b). Right to Choose a Profession and an Occupation
  8. Article 16(1)(h) The Same Rights for Both Spouses in Respect of the Ownership, Acquisition, Management, Administration, Enjoyment, and Disposition of Property, Whether Free of Charge or for a Valuable Consideration
  a). Acquisition and Ownership, Management, and Administration During the Marriage
  b). Division of Property upon Dissolution of Marriage or De Facto Relationship
  c). Inheritance
  III. Article 16(2)
  1. Definition: A Child
  2. Betrothal and Marriage of a Child
  3. Shall Have No Legal Effect
  4. Minimum Age for Marriage
  5. Marriage Registration
  IV. Equality in Context
  1. Formal Equality
  2. Substantive and Transformative Equality
  C. States Parties' Obligations
  I. Implementation
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Fulfil
  II. Reservations
  1. Withdrawal of Reservations
  2. Reservations and the Optional Protocol
  Violence Against Women
  A. Introduction
  B. General Recommendation 19
  I. Background to General Recommendation 19
  II. General Recommendation 19
  III. Subsequent International Instruments
  C. Violence against Women: Interpretive Issues
  I. Violence against Women within an Equality Paradigm
  II. Definition of Gender-based Violence against Women
  D. Gender-Based Violence against Women: Sites and Forms
  I. Introduction
  II. Violence in the Family
  III. Violence Occurring in the Community
  1. Physical Violence in the Community
  2. Exploitation
  3. Harmful Practices
  4. Workplace Violence
  IV. Violence Condoned or Perpetrated by the State
  V. Violence in Armed Conflict
  E. Violence against Women: Equality in Context
  I. Formal, Substantive, and Transformative Equality
  II. Intersectional Discrimination
  F. States Parties' Obligations
  I. Nature of States Parties' Obligations
  1. Appropriate and Effective Measures
  2. Duty of Due Diligence
  3. Standard of Due Diligence
  II. Implementation of States Parties' Obligations
  1. Obligation to Respect
  2. Obligation to Protect
  3. Obligation to Promote and Fulfil
  G. Conclusions
  Article 17
  A. Introduction
  B. Travaux Preparatoires
  C. Internal Organization and Engagement with Other Entities
  I. Subsidiary Bodies
  II. Interaction with Other Entities in the UN System
  III. Committee and Treaty Body Reform
  D. Committee Practice
  I. Article 17(1)
  II. Article 17(2)
  III. Practice and Developments relating to Article 17(3) and (4)
  IV. Article 17(5)
  V. Article 17(6) and 17(7)
  VI. Article 17(8)
  VII. Article 17(9)
  Article 18
  A. Introduction
  B. Travaux Preparatoires
  C. Committee Practice
  I. Obligation to Submit Country Reports
  1. Encouraging the Submission of Reports
  -Avoiding Duplication in Reporting
  2. Allowing Combined Reports
  3. Persuading States Parties to Submit Reports
  II. Reporting Requirements
  1. Form and Contents of Reports
  2. NGOs and their Involvement in the Preparation of States Parties' Reports
  III. Committee's Role
  1. Preparing for the Dialogue with States Parties
  2. Constructive Dialogue
  IV. Periodic Reporting Requirements and Committee Review
  1. Concluding Observations
  2. Format of the Concluding Observations
  3. Procedure for Adopting Concluding Observations
  4. Follow-up to Concluding Observations
  V. Role of Other Entities
  1. Information from National Human Rights Institutions
  2. Information from Non-Governmental Organizations
  3. Role of the Secretariat
  Article 19
  A. Introduction
  B. Travaux Preparatoires
  C. Committee Practice
  I. Article 19(1)
  II. Article 19(2)
  Article 20
  A. Introduction
  B. Travaux Preparatoires
  C. Committee Practice
  I. `The Committee shall normally meet for a period of not more than two weeks annually...'
  II. `... in order to consider the reports submitted in accordance with article 18 of the present Convention
  III. `The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee.'
  Article 21
  A. Introduction
  B. Travaux Preparatoires
  C. Committee Practice
  I. Article 21(1)
  1. Assessing States Parties' Reports
  2. General Recommendations
  3. Statements
  II. Article 21(2)
  Article 22
  A. Introduction
  B. Travaux Preparatoires
  C. Committee Practice
  Article 23
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Nothing in the Present Convention Shall Affect Any Provisions that Are More Conducive to the Achievement of Equality Between Men and Women Which May Be Contained
  Contents note continued: 1. (a) In the Legislation of a State Party; or
  2. (b) In Any Other International Convention, Treaty or Agreement in Force for that State
  II. Other International Law
  D. Interpretation by the Committee
  -General Approach
  E. Reservations, Declarations, and Understandings
  Article 24
  A. Introduction
  B. Travaux Preparatoires
  C. Issues of Interpretation
  I. Undertake to Adopt
  II. All Necessary Measures
  III. At the National Level
  IV. Aimed at Achieving the Full Realization
  V. Of the Rights Recognized in the Present Convention
  D. Interpretation by the Committee
  -General Approach
  I. Parliaments/Legislatures
  II. National Human Rights Institutions
  E. Reservations, Declarations, and Understandings
  Article 25
  A. Introduction
  B. Travaux Preparatoires
  C. Practice of States Parties
  D. Issues of Interpretation
  I. Article 25(1)
  1. Crown Dependencies and Overseas Territories; Former Colonies
  a). United Kingdom
  b). Netherlands
  c). New Zealand
  d). Hong Kong
  2. De Facto Regimes, Non-State Subjects of International Law, and Municipalities
  a). De Facto Regimes, Including Taiwan
  b). Holy See
  c). Sao Paulo State, Brazil
  d). San Francisco, California, USA
  II. Article 25(2)
  III. Article 25(3)
  IV. Article 25(4)
  V. Absence of a Withdrawal Clause
  Article 26
  A. Introduction
  B. Travaux Preparatoires
  C. Practice of States Parties
  D. Issues of Interpretation
  I. Article 26(1)
  II. Article 26(2)
  Article 27
  A. Introduction
  B. Travaux Preparatoires
  C. Practice of States Parties
  D. Issues of Interpretation
  I. Article 27(1)
  II. Article 27(2)
  Article 28
  A. Introduction
  B. Travaux Preparatoires
  C. Reservations to the Convention
  I. General reservations
  II. Articles 1 to 5
  III. Articles 7-9
  IV. Articles 11-14
  V. Articles 15-16
  D. Activity to Address Reservations to the Convention
  I. Objections by States Parties
  II. Meeting of States Parties
  III. Work of the Committee
  E. Removal and Modification of Reservations
  F. Conclusion
  Article 29
  A. Introduction
  B. Travaux Preparatoires
  C. Practice of States Parties
  D. Issues of Interpretation
  I. Article 29(1)
  II. Article 29(2)
  III. Article 29(3)
  Article 30
  A. Introduction
  B. Travaux Preparatoires
  C. Practice of the Secretary-General
  D. Issues of Interpretation
  Optional Protocol
  A. Introduction
  B. Background
  I. Negotiations of the Convention
  II. Campaign for Further Monitoring Procedures
  III. Drafting Process in the CSW
  IV. Work of the Committee under the Optional Protocol
  C. Commentary
  I. Preamble
  II. Article 1
  III. Article 2
  1. Individuals or Groups of Individuals
  2. Victims of a Violation
  3. Under the Jurisdiction of the State Party
  4. Rights Set Forth in the Convention
  IV. Article 3
  V. Article 4
  1. All Available Domestic Remedies Have Been Exhausted Unless the Application of Such Remedies is Unreasonably Prolonged or Unlikely to Bring Effective Relief
  2. Same Matter
  3. Incompatible
  4. Manifestly Ill-founded or Not Sufficiently Substantiated
  5. Abuse of the Right to Submit a Communication
  6. Facts... Occurred Prior to the Entry into Force of the Protocol for the State Party Concerned, Unless those Facts Continued after that Date
  VI. Article 5
  VII. Article 6
  VIII. Article 7
  1. Consideration of Communications and its Outcome
  2. Follow-up Procedure
  IX. Article 8
  X. Article 9
  XI. Article 10
  XII. Article 11
  XIII. Article 12
  XIV. Article 13
  XV. Article 14
  XVI. Article 15
  XVII. Article 16
  XVIII. Article 17
  XIX. Article 18
  XX. Article 19
  XXI. Article 20
  XXII. Article 21.