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By quoting the preamble of CEDAW, she highlighted that three principles of CEDAW:
state obligation, non discrimination and substantive equality, intersect in CEDAW.
CEDAW obliges States Parties to promote and enforce equality. The obligation to promote
gender equality, to eliminate laws, policies, and programmes that discriminate on the basis
of sex and that impair or nullify the enjoyment of rights of women on a equal basis with men.
State obligation also includes adoption of affirmative
action in order to ensure substantive equality as shown Article 4 of CEDAW
in the Article 4. The idea of substantive, or de facto
1. Adoption by States Parties of
equality lies in the belief that considering equality in
temporary special measures aimed
results can only be made possible by ensuring
at accelerating de facto equality
equal access, equal opportunity, equal benefits, and
between men and women shall not
equal exercise of rights.
be considered discrimination as
defined in the present Convention, but
The definition of discrimination is significant in
shall in no way entail as a
understanding CEDAW principles. It covers
consequence the maintenance of
discrimination not only by states but also by individual
unequal or separate standards; Ç
actors and the private sector. The definition in CEDAW
shows that there is indirect as well as direct forms
of discrimination. Indirect discrimination occurs Article 1 of CEDAW
when it has a discriminatory effect even if there Ççdiscrimination against womené
is no intention to do so. The expanded definition shall mean any distinction, exclusion
of discrimination was given in the General or restriction made on the basis of
Recommendation 19 which states that çgender-based sex which has the effect or purpose
violence is a form of discrimination that seriously of impairing or nullifying the
inhibits womenûs ability to enjoy rights and freedoms recognition, enjoyment or exercise by
on a basis of equality with men.é women, irrespective of their marital
status, on a basis of equality of men
and women, of human rights and
fundamental freedoms in the politi-
cal, economic, social cultural, civil or
any other field.