Driving change: Using CEDAW to increase women’s participation in decision-making
Summary:
Learn more about CEDAW General Recommendation 40 and how to use it in your advocacy
What is CEDAW, and why does it matter?
CEDAW, or the Convention on the Elimination of All Forms of Discrimination against Women, adopted in 1979, is the key international human rights convention focused on women and girls. This international document is one of the most widely signed treaty bodies, with over 189 states having ratified or signed it.
The influence of this convention extends beyond developing international human rights law standards to also shaping local legal frameworks, informing national policy discourses, and setting the standards of accountability at the national level.
CEDAW is a key instrument to safeguard and ensure the fulfilment of human rights of lesbian, bisexual, trans, and intersex (LBTI) women and girls. Over decades, alongside feminists, groups and activists working on SRHR rights and SOGIESC rights have also extensively engaged in expanding the narrow interpretation of the convention regarding who is included as ‘women’ and ‘girls.’
Over time, the Committee on the Elimination of Discrimination against Women (CEDAW Committee) has also broadened the understanding of “women” to be inclusive of LBTI women. To ensure women’s participation in all aspects of society, the economy, and the market, we must address the long-term and structural absence of women from decision-making systems.
The Committee developed a new General Recommendation (GR 40) to guide States parties on achieving equal and inclusive representation of women in decision-making systems across all sectors.
The work of ILGA World and our membership
Between 2023 and 2024, the ILGA World team, along with over 30 member organisations, civil society organisations, and 60 human rights defenders from all ILGA regions, contributed to the framing and drafting process of General Recommendation No. 40 on Women’s Equal and Inclusive Representation in Decision-Making Systems. We also provided technical support to our partner organisations that chose to submit recommendations independently.
Our work resulted in a significant win as the Committee issued the General Recommendation, which mentions:
“Women can face multiple and intersecting forms of discrimination,” including discrimination based on SOGI (para. B. 27)
and includes several references to “women in their diversity” (paras. 2, 13, 15, 27, 29 (b)-(c), 31 (g), 35 (i)).”
Why does this matter?
Although there are no explicit references to LBTI persons, the recommendations addressing “women in their diversity” provide opportunities to advocate for the inclusion of LBTI women in local political participation.
The General Comment also provides guidance to governments on implementing CEDAW and requires them to report on their progress during country reviews. Additionally, it contributes to the growing body of jurisprudence on the inclusion of LBTI women in political participation.
How do you use the General Comment 40 in your advocacy?
ILGA World’s team has interpreted aspects of the General Recommendation in ways that could support the work of LBTI groups locally, regionally and internationally, advocating for a more equal participation of LBTI women in politics and decision-making.
In particular, the reference to ‘women in their diversity’ (paras. 2, 13, 15, 27, 29 (b)-(c), 31 (g), 35 (i)) can be read and used alongside other international human rights instruments.
- Human Rights Committee (HRCtee) – General Comment No. 25 (1996) on the Right to Participate in Public Affairs, Voting, and Elections
This General Comment, issued under the International Covenant on Civil and Political Rights (ICCPR), emphasises that men and women have equal rights to engage in political and public life. It underscores the responsibility of states to remove obstacles that hinder ‘women in all their diversities and various intersectionalities’, from voting, running for office, or occupying public roles.
It emphasises the importance of guaranteeing the free expression of political will without discrimination based on sex or gender.
- Committee on Economic, Social and Cultural Rights (CESCR) – General Comment No. 20 (2009) on Non-Discrimination in Economic, Social, and Cultural Rights
This General Comment targets discrimination faced by women in leadership and decision-making positions. This General Comment urges states to implement special measures that guarantee full and equal participation for women in all their diversities and across varied intersections in both economic and political arenas.
Please contact the ILGA World team if you’d like to learn more about how you can use this win for local advocacy.
