[New York, 27 October 2010] The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has adopted General Recommendation No. 28: on Article 2 of the Convention:
“The Committee adopted a detailed general recommendation on Article 2 of the Convention in which it reaffirmed that discrimination of women based on sex and gender was inextricably linked with other factors that affected women, such as race, ethnicity, religion or belief, sexual orientation and gender identity.”
The Committee further emphasized that States parties were obligated to proclaim their total opposition to all forms of discrimination against women and that they should pursue their policies in this regard by all appropriate means and without delay. Where a State party was facing resource constraints or other obstacles, it had to seek international cooperation to overcome such difficulties. The Committee finally repeated its call on States parties to consider withdrawing reservations to the Convention, in particular those relating to article 2, as soon as possible.”
Article 2 of the Convention
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.
