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What's in it?
The draft optional protocol incorporates the features
of existing UN complaints procedures. It also incorporates some
of the practices of other UN treaty bodies that have developed as
their complaints procedures have been used.
Preamble:
The preamble is the introductory part of the Protocol which sets
out the object and purpose of the Protocol. It refers to the principles
of equality and non-discrimination as embodied in the UN Charter,
the Universal Declaration of Human Rights, and other international
human rights instruments, including the Convention on the Elimination
of All Forms of Discrimination against Women. It reaffirms the determination
of States parties which adopt the protocol to ensure the full and
equal enjoyment by women of all human rights and fundamental freedoms
and to take effective action to prevent violations of these rights
and freedoms."
Article 1
Establishes that States who become parties to the optional protocol
recognise the competence of the Committee to receive and consider
communications under the protocol.
Article 2
Provides a Communications Procedure which allows either individuals
or groups of individuals to submit individual complaints to the
Committee. Communications may also be submitted on behalf of individuals
or groups of individuals, with their consent, unless it can be shown
why that consent was not received.
Article 3
Establishes that a communication will only be considered by the
Committee if it concerns a acountry that has become party to the
protocol. In addition, a communication must be submitted in writing
and may not be anonymous.
Article 4
Stipulates admissibility criteria of communications. Before a complaint
is considered, the Committee must determine that all available domestic
remedies have been exhausted and the complaint is not, nor has been
examined by the Committee or has been or is being examined under
another procedure of international investigation or settlement.
In addition, a complaint will only be admissible provided the complaint
is compatible with the provisions of the Convention; is not an abuse
of the right to submit a communication; the claimants' allegations
can be substantiated, and the facts presented occurred after the
State party ratified the Protocol.
* from the home fage of the CEDAW Committee
Article 5
After receipt of a communication and prior to its final decision,
the Committee has the option of contacting the State Party with
an urgent request that the State Party take steps to protect the
alleged victim or victims from irreparable harm.
Article 6
Establishes the communications procedure. Where a communication
has been found admissible, the Committee will confidentially bring
a communication to the attention of the State Party, provided the
complaint has consented to disclosure of their identity to the State
Party. The State Party is given six months to provide a written
explanation or statement to the complaint.
Article 7
Outlines the process of complaint consideration. The Committee will
examine and consider all information provided by a complaint in
closed meetings. The Committee's views and recommendations will
be transmitted to the parties concerned. The State Party has six
months to consider the views of the Committee and provide a written
response, including remedial steps taken. The Committee may request
further information from the State Party, including in subsequent
reports.
Article 8
Establishes an inquiry procedure that allows the
Committee to initiate a confidential investigation by one or more
of its members where it has received reliable information of grave
or systematic violations by a State Party of rights established
in the Convention. Where warranted and with the consent of the State
Party, the Committee may visit the territory of the State Party.
Any findings, comments or recommendations will be transmitted to
the State Party concerned, to which it may respond within six months.
Article 9
Establishes a follow-up procedure for the Committee.
After the six-month period referred to in article 8, the State Party
may be invited to provide the Committee with details of any remedial
efforts taken following an inquiry. Details may also be provided
in the State Party report to the Committee under article 18 of the
Convention.
Article 10
Provides an opt-out clause. At ratification of
the Optional Protocol, a State Party has the option of refusing
to recognize the competence of the Committee to initiate and conduct
an inquiry as established under articles 8 and 9. However, this
declaration may be withdrawn at a later time.
Article 11
Requires a State Party to ensure the protection
of those submitting communications.
Article 12
A summary of the Committee's activities relating to the Protocol
will be included under article 21 of the Convention.
Article 13
Establishes a requirement that States Parties
widely publicize the Convention and its Protocol and provide access
to the views and recommendations of the Committee.
Article 14
Requires the Committee to develop its own rules of procedure when
dealing with communications and inquiries considered in accordance
with the Optional Protocol.
Article 15
Governs eligibility for States to sign, ratify
or accede to the Protocol. Any State Party that is party to the
Convention may become party to the Protocol.
Article 16
Establishes that a minimum of ten countries must
have ratified or acceded to the Protocol before the Protocol enters
into force. The Protocol will enter into force three months after
the 10th ratification or accession.
Article 17
Provides that there shall be no reservations to
the Protocol.
Article 18
Establishes procedures for amending the Protocol.
Any State Party may suggest amendments to be sent to the Secretary-General
of the United Nations to be communicated to all States Parties to
the Protocol. If requested by a minimum of one-third of States Parties,
a conference may be convened to discuss and vote on any amendments.
With the support of a two-thirds majority and the General Assembly,
an amendment comes into force and is binding on States that have
accepted the amendments.
Article 19
Provides for a State Party to withdraw from the
Protocol by written notification to the Secretary-General. Withdrawal
will not impact any communications submitted prior to the effective
date of withdrawal.
Article 20
States that the Secretary-General of the United Nations shall inforrn
States of signatures, ratifications and accessions, the date the
Protocol comes into force and any amendments and withdrawals.
Article 21
Provides that the Protocol will be deposited in
the United Nations archives, made available in Arabic, Chinese,
English, French, Russian and Spanish and sent to all States Parties
by the Secretary General.
List of UN Documents relating to the Optional
Protocol
CEDAW's Suggestion No 7 - Elements for an Optional
Protocol
Report of the Secretary-General on the Elaboration
of a draft optional protocol to the Convention on the Elimination
of All Forms of Discrimination Against Women (includes views and
comments expressed by Governments and Other Entities) and
and
Additional views of Governments, intergovernmental
and non-governmental organisations on an optional protocol to the
Convention
Comparative summary of existing communications
and inquiry procedures and practices under international human rights
instruments and under the Charter of the United Nations
Chairpersons' summary ,
Annex III
Revised draft optional protocol ,
Annex III
Annotated comparison of the draft Optional protocol
with the provisions of existing international human rights instruments
(E/CN.6/1998/7).
Revised draft optional Protocol (,
Annex II)
Chairperson's summary, 42nd Session CSW. (,
Annex II)
Draft Optional Protocol (,
Annex II)
Optional Protocol ()
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