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SESSION ONE: CEDAW

Three key note speakers were invited to introduce CEDAW as a tool for promoting gender equality.

1. The Role of Judiciary in Promoting Gender and Equality and CEDAW by Justice
D.R. Campbell

He opened up his presentation by stressing the differences that become reasons for
discrimination. Discrimination exists and judges are given power and obligation to address
and accommodate existing discriminations, he emphasized.

Section 16592 of the Constitution of South Africa requires that judges will çadminister justice
to all persons alike without fear, favor or prejudice in accordance with the constitution and the

lawé.

Article 1 of Universal Declaration of Human Rights: all human beings are born free and equal
in dignity and rights.

To follow the Declaration, we(judges), must treat others fairly and equally as justice is
about fair and equal treatment. However, we also have to acknowledge that in reality,
some people are not treated equally. The truth is that people are treated differently

according to their age, ethnicity, ability, religion as well as sex.

Treating people equally does not necessarily mean that treating them in the same way.
For example, if there is no wheelchair ramp in a hotel, we might ask to build one to
accommodate and compensate for inconvenience that disabled might have. It is a substantive
equality approach, where we give some helping hands to make them achieve equal
enjoyment of life.

Ensuring substantive equality requires us to learn about people and know their stories.

In every country, there is a clause in the constitution that says everyone is equal.
Nonetheless, people suffer from discrimination based on their ethnicity, race, religion, sex,
age, etc. It is because we tend to form ideas about people without even knowing them
and make a judgment that is likely to be discriminatory. Therefore, learning enough about
them as well as knowing the complexity of their reality is crucial to make fair judgment.