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http://cedawsouthasia.org/2980/womens-right-to-equality-the-promise-of-cedaw

 

Women’s Right to Equality: The Promise of CEDAW

 

Direct Link to Full 40-Page 2014 Publication:

http://cedawsouthasia.org/wp-content/uploads/2010/12/The-Promise-of-CEDAW-final-pdf.pdf

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Written by Shanthi Dairiam, a Malaysian human rights and women’s rights advocate, this paper enshrines the concept of equality through CEDAW to provide a resource for the ASEAN Intergovernmental Human Rights Commission (AICHR) in its engagement with the ASEAN governments using international standards in promoting and protecting the human rights of women and girl children.

With the exception of Brunei, Malaysia and Singapore who have no reservation to the substantive articles of CEDAW, most of the ASEAN countries have ratified CEDAW and have undertaken binding obligations to promote and protect the human rights of women according CEDAW standards. AICHR remains to be the main mechanism for the promotion and protection of the human rights of all people, with women included
in ASEAN.

The author traces back into the awakening history and the universal recognition of basic rights, without any distinction between the needs and experiences of women comparing to men. It further elaborates on the concept of equality and non-discrimination as enshrined in CEDAW, the application of CEDAW standards and looking at the conflict of rights, particularly in South East Asian countries. While treaty law may be recognized as part of domestic law in Cambodia, Laos, Indonesia, Philippines and Viet Nam, there is no clear guidance in the Constitutions of these countries as to what will prevail if domestic law is in conflict with international treaty law. Nor is it clear whether treaty law is self-executing. This paper identifies the gaps and its evidence in the legal framework.