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By understanding definitions and principles of CEDAW we can use CEDAW as a basis
of our judgment, especially where domestic laws are lacking or insufficient. For instance,
The case of Vishaka vs. Rajastan became a landmark judicial decision because judges used
CEDAW where there was no specific law on sexual harassment and brought about

gender justice. There are also other several cases in the world that applied CEDAW in the
court rulings.

■ Imelda Romualdez-Marcos vs. Commission on Elections and Cirilo Roy
Montejo(Philippines) : The Supreme Court recognized that the widow
of Marcos has a right to fix her own domicile distinct from that of her
decreased husband. CEDAW was cited as a basis for decision.
■ Philippine Telegraph and Telephone Company vs. National Labor Relations
Commission and Grace De Guzman (Philippines) : A woman was fired because

she concealed that she was married during recruitment as per company rules.
She was able to obtain justice because the judges used CEDAW.
■ Ephorim vs. Pastory (Tanzania) : Under customary law, women are not
entitled to inherit land. The court decision concluded that the rules of
inheritance in customary law were unconstitutional and contravened CEDAW.
■ Dow vs. Attorney-General (Botswana) : Challenged citizenship law where
children could not follow citizenship of mothers.

■ Equal Opportunities Commission vs. the Director of Education (Hong Kong):
The Court found that there was institutionalized discrimination within
Hong Kongùs public education where the Director implemented criteria
requiring girls to have a higher score than boys to be placed in their school
of choice.

There has been increased awareness of international treaty bodies due to the work of the ICC
and criminal tribunal for Rwanda. Accordingly, in the areas of women rights, CEDAW would be
the basic instrument to guarantee womenûs rights. It can be used for interpretation where

domestic law is unclear/insufficient or there are gaps and inconsistencies in laws.