Optional Protocol to CEDAW & Its Applicability "On the Ground", The
SummaryText
This online resource provides an overview of the Optional Protocol (OP) treaty, which supplements the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). The OP, according to this document, was established to "allow women to seek redress for violations of CEDAW when no remedy is available
at the national level." Many cases have already been filed under this protocol, and this resource provides both
an overview of the OP, and practical advice on how activists can use the OP to advocate for women's rights.
The document is broken into 7 sections:
The document is broken into 7 sections:
- Background - Describes the process of drafting the OP from 1993 until its adoption by the General Assembly in 1999. This section also describes the ratification history, and how this protocol has been applied since its adoption.
- Key Features of the Optional Protocol - Outlines the relationship between the OP and CEDAW, and describes the communications procedure and inquiry procedure available through this protocol.
- How the Procedures Work - Describes when the communications procedure and inquiry procedure may be invoked for individual cases.
- Assessing the OP - Describes the strengths of the OP in terms of offering redress, as well as the weaknesses, including the slow pace of the processes and the opt-out clause of the inquiry procedure, which the author believes may weaken its impact.
- Looking Ahead... - Discusses what local and national organisations are doing to explore the usefulness of the OP in securing women's rights. This section points out that, at the time of writing, most parties to CEDAW had still not ratified the OP, and that there are still practical and legal hurdles for those working to make use of this protocol.
- Sources - Contains links to the original protocol and related documents.
- Additional Resources - Provides links to secondary resources, describing how the protocol may be utilised, and some of the cases to which it has been applied.
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