La Strada Documentation Center

Taking CEDAW Seriously. Conference Report

Document number
2054
Date
2006
Title
Taking CEDAW Seriously. Conference Report
Author/publisher
Women's Human Rights Alliance
Availability
View/save PDF version of this document
Document type(s)
Meeting Documentation/Conference Reports,
Keywords
A Conference to promote, apply and enforce the UN CEDAW Convention; Women's rights; Women; Ireland
Summary
According to its preamble, CEDAW is intended to be transformative.  It recognises that “a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women”.  Rather than adding to the list of rights already covered by other treaties, CEDAW aims to change the system within which women’s rights are violated.  It addresses discrimination in a systemic fashion to address the inter-related discriminations against women that are pervasive in society.  CEDAW addresses indirect as well as direct discrimination, and promotes positive action.  It does not reflect the old hierarchy between civil and political rights on the one hand, and economic, social and cultural rights on the other.

While CEDAW forms part of international law, and is therefore legally binding on the Irish government, it has not been incorporated into Irish domestic law, and is not therefore binding on the Irish courts.  There are no direct remedies for infringement of CEDAW in the Irish courts – it cannot be cited alone as the basis for a case against an employer or the government.  But it should form part of the principles of interpretation of the courts, and should inform the thinking and analysis of the judiciary and the legislature.  A challenge for the implementation of CEDAW is to ensure the incorporation of the Convention into Irish domestic law. 
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