Introduction
International law has witnessed remarkable progression over the last century with regards to the recognition and protection of women’s rights as human rights. International human rights norms, with a notable absence of critique of gender equity, placed most of their emphasis on state autonomy and war. The past few decades, however, have seen women’s rights gain tremendous standing within the global arena, largely as a result of recognition of women’s empowerment being intricately allied with the development, peace, and security of nations—the world in its entirety. This shift commenced with the onset of the acceptance of primary human rights instruments like the Universal Declaration of Human Rights (UDHR), which was adopted in 1948. Although the UDHR was not born out of a gender lens, its core principles of non, discrimination and equality filled the void for subsequent conventions and treaties focused on women’s rights. The importance of the feminist movements and the awareness of how specific aspects of women’s lives such as family violence, employment, education, and health, caused international legal reforms specifically targeting women’s rights. These movements underscored the urgent need for policies and legal standards that protect women from discrimination and gender-based violence, both in public and private spheres.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the United Nations General Assembly, marked a pivotal step in this progression. Often referred to as the “International Bill of Rights for Women,” CEDAW is a comprehensive framework that defines discrimination against women and establishes legal obligations for state parties to eliminate discrimination in various areas, including employment, education, healthcare, and family life. CEDAW requires countries to take proactive steps in eradicating all forms of gender-based discrimination, and it mandates regular reporting on progress to ensure accountability and transparency. By setting legally binding standards, CEDAW has become a cornerstone in international human rights law and has influenced national legislation in many countries, inspiring the adoption of gender equality laws and policies.
The United Nations and other international organizations have played a crucial role in advancing women’s rights by promoting, implementing, and monitoring adherence to these legal standards. Agencies such as UN Women and the Office of the High Commissioner for Human Rights (OHCHR) work to advocate for women’s rights, support policy reform, and provide resources for capacity-building. Through global conferences, such as the Fourth World Conference on Women in Beijing in 1995, the UN has created forums for countries to collaborate, assess progress, and reaffirm commitments to gender equality. Additionally, other organizations like the International Labour Organization (ILO) and the World Health Organization (WHO) focus on specific aspects of women’s rights, including labour standards, reproductive rights, and protection from gender-based violence.
Today, despite significant advances, challenges remain. Persistent issues such as cultural resistance, unequal economic structures, and inadequate enforcement mechanisms continue to impede full gender equality. Yet, the framework of international human rights law, bolstered by treaties like CEDAW and the advocacy of international organizations, provides a powerful foundation for protecting and promoting women’s rights globally.
The Evolution of Women’s Rights in International Treaties
The development of women’s rights within international human rights law reflects a gradual but significant shift from gender-blind generalizations to explicit protections for women. Over the past century, landmark international treaties have built a robust framework aimed at dismantling gender discrimination and promoting equality. Key documents such as the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Beijing Declaration and Platform for Action have been pivotal in establishing and reinforcing these rights. The evolution of these documents showcases the growing global consensus on the importance of gender equality as a core human rights principle.
The Universal Declaration of Human Rights (1948)
The UDHR, adopted by the United Nations General Assembly in 1948, is often regarded as the foundation of modern human rights law. While it does not exclusively focus on women, the declaration was groundbreaking in its time for promoting principles of equality and non-discrimination that would later be crucial to women’s rights. Article 1 declares that “all human beings are born free and equal in dignity and rights”[1] and Article 2 specifies that these rights apply to everyone “without distinction of any kind, such as race, colour, sex…”[2] . Although not legally binding, the UDHR set a moral standard and inspired later treaties and laws that directly addressed women’s rights. The drafting of the UDHR marked one of the first instances in which women actively participated in shaping international human rights norms. Eleanor Roosevelt, then-chair of the United Nations Human Rights Commission, was instrumental in advocating for language that would encompass women’s rights within the broader human rights framework. However, while the UDHR established the principle of non-discrimination, it did not go far enough to address specific issues unique to women’s experiences, such as violence, reproductive rights, or economic inequities. The lack of explicit focus on these issues underscored the need for additional treaties and conventions focused solely on women’s rights.
The Convention on the Elimination of All Forms of Discrimination Against Women (1979)
The next major milestone came over three decades later with the adoption of CEDAW in 1979. Often described as an “international bill of rights for women,” CEDAW is a legally binding treaty that requires signatory states to eliminate discrimination against women in all forms. It defines discrimination against women as “any distinction, exclusion, or restriction made on the basis of sex” that undermines or nullifies women’s rights and freedoms [3]. CEDAW’s comprehensiveness and specificity made it a landmark achievement in international law, addressing areas where the UDHR fell short and establishing clear obligations for states to uphold gender equality. CEDAW’s articles cover a wide range of issues that disproportionately affect women, including employment, education, healthcare, and family rights. Article 10, for example, mandates “equality in education” and the elimination of stereotypes in educational materials [4]. Article 11 guarantees equal employment opportunities, including the right to equal pay for work of equal value[5] . Furthermore, Article 16 requires signatories to ensure equality in marriage and family relations, giving women the right to freely choose a spouse, have equal parental responsibilities, and access to family planning resources [6].
One of CEDAW’s unique features is its optional reporting system, which obliges states to submit periodic reports detailing their progress in eliminating discrimination against women. This reporting mechanism creates accountability and allows the United Nations Committee on the Elimination of Discrimination Against Women to evaluate and recommend improvements. CEDAW also includes an Optional Protocol, adopted in 1999, which allows individuals or groups to submit complaints about specific violations of women’s rights if their country has ratified the protocol. This complaint procedure has been a crucial tool for holding governments accountable and empowering women to seek justice.
The Beijing Declaration and Platform for Action (1995)
Building on the foundation set by CEDAW, the Beijing Declaration and Platform for Action was adopted at the Fourth World Conference on Women in 1995. This document, while not legally binding, is one of the most comprehensive frameworks for advancing women’s rights and remains a guiding reference for international efforts to achieve gender equality. It outlines “12 critical areas of concern,” including poverty, education, health, violence, and economic inequality, that must be addressed to fully empower women and girls globally (Beijing Declaration and Platform for Action, 1995, §44). The Beijing Platform emphasizes the interconnectedness of women’s rights with broader social, economic, and political goals. It asserts that “women’s rights are human rights,” reiterating the need for specific measures to counteract long-standing gender biases. Furthermore, the Beijing Platform calls on governments and international organizations to take concrete action in achieving gender equality, such as establishing gender quotas, enforcing anti-discrimination laws, and increasing women’s representation in leadership position
The impact of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on national legislations.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the United Nations in 1979, has had a transformative impact on national legislation across many countries, serving as a catalyst for legal reform and promoting women’s rights as an essential element of human rights. Often called the “international bill of rights for women,” CEDAW establishes a comprehensive framework obliging states to eliminate gender discrimination in various sectors, including employment, education, healthcare, family law, and political participation. Since its adoption, numerous countries have aligned their legal systems with CEDAW’s principles, creating laws and policies aimed at achieving gender equality and protecting women from discrimination and violence.
One of CEDAW’s key contributions is its explicit definition of discrimination against women as “any distinction, exclusion, or restriction made on the basis of sex” that impairs women’s human rights and fundamental freedoms[7] . This definition has influenced legislative changes worldwide, pushing nations to address legal disparities in rights and opportunities between men and women. The convention mandates signatories to periodically report on progress and enact necessary laws and policies. The CEDAW Committee, a body of experts established to monitor compliance, reviews these reports and provides recommendations, which have served as a guideline for countries to identify and address specific areas where women face systemic discrimination.
In Latin America, for instance, CEDAW has been a driving force behind laws addressing domestic violence and violence against women. In Mexico, the General Law on Women’s Access to a Life Free of Violence, enacted in 2007, was largely inspired by CEDAW’s provisions on protecting women from gender-based violence[8] . Similarly, Brazil enacted the Maria da Penha Law in 2006, landmark legislation that criminalizes domestic violence and strengthens protections for women. The influence of CEDAW’s framework on violence against women has been evident across the region, where governments have implemented policies and established shelters, hotlines, and legal assistance for survivors.
In Africa, CEDAW has inspired significant reforms in family law, an area where women have historically faced considerable discrimination. In Egypt, for instance, reforms were enacted in 2000 to allow women the right to divorce under certain conditions, a move driven by CEDAW’s requirements to ensure equality within family relations[9] . Tunisia has also introduced progressive family law reforms, including measures granting women equal rights in marriage and divorce. These changes reflect the impact of CEDAW’s influence in shaping laws that directly challenge patriarchal norms and empower women within the family structure.
In Asia, CEDAW has driven legislative reforms aimed at eliminating gender discrimination in employment and education. India’s enactment of the Protection of Women from Domestic Violence Act in 2005 and amendments to the Maternity Benefit Act in 2017 to extend maternity leave illustrate how CEDAW’s provisions have informed policies to support women’s rights in both public and private spheres. Additionally, Japan revised its Labor Standards Law in 1997 and the Basic Act for Gender-Equal Society in 1999 to align more closely with CEDAW’s guidelines on equal treatment and anti-discrimination in the workplace.
Despite its widespread influence, CEDAW’s impact has not been universal or consistent. Some countries have ratified CEDAW with reservations, particularly in areas related to family and religious law, limiting its effect on national legislation. However, the convention remains a powerful tool for advocacy, providing a framework for activists and organizations to push for change. Through CEDAW, the global community has taken significant strides toward dismantling legal structures that discriminate against women and setting a standard for gender equality in national legal systems.
The role of the UN and international organizations in promoting women’ s rights
The United Nations (UN) and international organizations play a critical role in promoting women’s rights globally, serving as advocates, standard-setters, and implementers of gender equality initiatives. Through treaties, global forums, and specialized agencies, the UN has fostered an international commitment to addressing the unique challenges women face, while other international organizations have extended these efforts through regional and issue-specific programs. Together, these institutions provide a powerful support network for promoting, protecting, and advancing the rights of women and girls.
Setting Global Standards and Policies
The UN sets global standards for women’s rights through legally binding treaties and declarations that member states commit to implementing. Key among these is the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted in 1979, which is often referred to as the “International Bill of Rights for Women.” CEDAW obliges member states to eradicate discrimination against women in all aspects of life, from family law to employment and education, and to promote women’s equality (CEDAW, 1979). Through the periodic reporting process, the CEDAW Committee reviews member states’ progress, identifying areas where additional legislative or social reforms are necessary. This mechanism has been instrumental in encouraging nations to create laws and policies that directly address issues affecting women.
The 1995 Beijing Declaration and Platform for Action, adopted during the Fourth World Conference on Women, is another landmark UN document. It outlines 12 critical areas, such as poverty, education, health, and violence, where action is necessary to achieve gender equality. The Beijing Platform, while non-binding, serves as a powerful framework guiding policy and legislative changes globally and is revisited at UN conferences every five years to assess progress. It was during the Beijing Conference that the slogan “Women’s rights are human rights” gained momentum, underscoring the idea that gender equality is integral to human rights.
Advocacy, Awareness, and Funding Initiatives
UN Women, the UN entity dedicated to gender equality and the empowerment of women, is central to advocating for women’s rights. Established in 2010, UN Women supports countries in their efforts to adopt pro-equality policies and coordinates with governments, NGOs, and civil society organizations to address issues like violence against women, economic participation, and women’s political representation. UN Women also manages campaigns, such as “HeForShe,” which encourages men and boys to support gender equality and fight against gender-based violence. The United Nations Population Fund (UNFPA) and the World Health Organization (WHO) work closely with UN Women, focusing on women’s health and reproductive rights. The UNFPA, for instance, champions sexual and reproductive health rights, aiming to reduce maternal mortality and ensure access to family planning resources for women globally. By providing technical support, health services, and education programs, UNFPA has made significant strides in enhancing the health and autonomy of women and girls, particularly in marginalized communities.
Monitoring and Accountability
International organizations monitor progress on gender equality and ensure accountability through reports, recommendations, and assessments. The UN’s Sustainable Development Goals (SDGs), especially Goal 5 on gender equality, have given additional focus to this monitoring. Regular reporting on the SDGs enables both the UN and civil society to assess how countries are addressing women’s issues. Organizations like Human Rights Watch and Amnesty International support this monitoring effort by spotlighting abuses and pushing for improvements.
In summary, the UN and international organizations collectively create frameworks, support policy reforms, and provide resources that help countries prioritize gender equality. Through standard-setting, advocacy, and program implementation, these entities work to ensure that women’s rights remain central to global development and human rights initiatives.
Recommendations
To maximize the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and drive meaningful progress toward gender equality, several targeted recommendations could strengthen its effectiveness in national legislation globally.
First, countries with reservations, especially those related to family and religious laws, should be encouraged to remove these exceptions. Providing technical assistance and dialogue on aligning religious or cultural values with international gender equality standards could help nations reconcile these aspects with CEDAW’s principles, demonstrating that cultural preservation and women’s rights can coexist harmoniously.
Second, expanding grassroots awareness programs is essential to making CEDAW’s protections accessible and actionable. Governments, non-governmental organizations (NGOs), and local leaders should collaborate to create community-level workshops, media campaigns, and educational programs in schools to educate citizens about the rights established by CEDAW. Such localized education empowers women to recognize and advocate for their rights, creating a more supportive societal framework for gender equality. Additionally, involving men and community leaders in these programs could foster broader acceptance and understanding, thus addressing resistance to change at a community level.
Another impactful step would be establishing a Gender Equality Index linked to CEDAW. This global index could evaluate and publicize countries’ progress in implementing CEDAW’s recommendations, providing a benchmarking tool to highlight best practices and identify areas for improvement. By celebrating high-achieving countries and spotlighting successful policies, this index would not only incentivize nations to prioritize gender equality reforms but also foster knowledge-sharing between countries.
Together, these recommendations could enhance CEDAW’s influence and effectiveness, driving countries to implement and sustain policies that protect women’s rights, promote gender equality, and create a society where all individuals have equal opportunities, regardless of gender.
Conclusion
The efforts of the United Nations and international organizations have profoundly shaped the global landscape for women’s rights, fostering legal and social changes that aim to ensure gender equality as an integral part of human rights. Through conventions like CEDAW and frameworks such as the Beijing Platform for Action, the UN has established universal standards that compel nations to confront gender-based discrimination and violence, while initiatives like the Sustainable Development Goals (SDG 5) continue to push for measurable progress in these areas.
Specialized agencies like UN Women and the UNFPA support these standards with targeted programs, advocacy campaigns, and direct assistance, driving real-world change by empowering women economically, politically, and socially. Regional and issue-specific organizations further enhance these efforts, addressing workplace rights, reproductive health, and legal protections through context-specific policies.
Despite the ongoing challenges of enforcement and cultural resistance, the collective impact of these international efforts is undeniable. They have not only empowered nations to transform their laws and policies but have also encouraged a global recognition of women’s rights as fundamental. The sustained dedication of these international bodies offers a powerful model for how international cooperation can champion and protect women’s rights, aiming to create a future where gender equality is a universal reality.
[1] UDHR, Art. 1
[2] UDHR, Art. 2
[3] CEDAW, Art. 1
[4] CEDAW, Art. 10
[5] CEDAW, Art. 11
[6] CEDAW, Art. 16
[7] CEDAW, Art. 1
[8] CEDAW, General Recommendation No. 19
[9] CEDAW, Art. 16