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For example, women suffer discrimination in this region and the world over. Violence
against women is a form of discrimination. VAW prevails based on the view that women
are inferior, less important, and therefore, it is ok with some occasion and some context.
However, it is not ok with any occasion and any context because VAW occurs when men
use their power to maintain inequality. We should understand this power dynamic and be
aware that the women who appear in our court rooms are the ones who have gone through
a horrific form of discrimination driven by unequal power relations. Therefore, we must know
enough about these womenûs backgrounds and stories in order to make fair judgment,
and it is the way to achieve substantive equality.
CEDAW requires that States Parties modify and abolish laws that discriminate against
women. These laws must change. Yet, some are still justifying discriminatory laws based
on the cultural argument that women can be treated unequally according to their cultural
norms and customs. This cultural argument, however, is not convincing as culture and
customs are also a set of rules that are created by us. They can be changed by us.
Such changes should start from inside of ourselves. We are also people with certain attitudes
and ideas. So we need to look into our mind and heart, and understand that we have
something to change for all. Change is not an external event but an inside event. Once we change
our mind, we move forward to, and changes outside will follow.
2. The Principles of CEDAW: The Meaning and Scope of Equality and Non-discrimination,
and its Application in the Judiciary by Ms. Rowena V. Guanzon (Attorney-at-Law,
Philippines)
Preamble of CEDAW
ÇNoting that the Universal Declaration of Human Rights affirms the principle of the
inadmissibility of discrimination and proclaims that all human beings are born free and
equal in dignity and rights and that everyone is entitled to all the rights and freedoms set
forth therein, without distinction of any kind, including distinction based on sex.
ÇRecalling that discrimination against women violates the principles of equality of rights
and respect for human dignity, is an obstacle to the participation of women, on equal terms
with men, in the political, social, economic, and cultural life of their countries, hampers
the growth of the prosperity of society and the family and makes more difficult the full
development of the potentialities of women in the service of their countries and of humanity.