The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP-CEDAW) is an international treaty that establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Parties to the Protocol allow the Committee on the Elimination of Discrimination Against Women to:
- Hear complaints from individuals, and
- Inquire into "grave or systematic violations" of the convention.
The Protocol has led to decisions against member states on issues such as domestic violence, parental leave, and forced sterilization, including an inquiry into the systematic killing of women in Ciudad Juárez, Chihuahua, Mexico.
The Protocol was:
- Adopted: 6 October 1999
- Came into force: 22 December 2000
- As of October 2023: 80 signatories, 115 parties
Genesis
- 1979: CEDAW was adopted without any legal enforcement mechanisms.
- An individual complaints mechanism was initially proposed but rejected.
- 1993: The Vienna Declaration suggested a need for enforcement procedures and a "right of petition".
- 1994: An independent expert group drafted a protocol with complaints and inquiry procedures.
- 1995: The Fourth World Conference on Women endorsed the creation of an Optional Protocol.
- 1996–1999: The Commission on the Status of Women drafted the protocol.
- 6 October 1999: UN General Assembly adopted the protocol.
Summary
CEDAW obliges state parties to eliminate discrimination against women and ensure equality in health, employment, and education.
The Optional Protocol is a subsidiary agreement that enforces these rights.
Articles 1–7: Individual Complaints Mechanism
- Individuals/groups can submit complaints of CEDAW violations.
- Requires:
- Victim’s consent (or justification if acting without it)
- Exhaustion of domestic remedies
- No anonymous or retroactive complaints
- Committee can make non-binding recommendations.
Articles 8–10: Inquiry Mechanism
- Committee can investigate "grave or systematic violations".
- May invite state response and request remedial action.
- Opt-out clause: Used by Bangladesh, Belize, Colombia, Cuba, and Tajikistan.
Article 11
- States must protect complainants from ill-treatment or intimidation.
Article 13
- States must inform citizens about CEDAW, the Optional Protocol, and committee rulings.
Articles 12–14
- Define committee procedure and reporting for handling complaints.
Articles 15–21
- Govern ratification, entry into force, and amendment procedures.
Reservations and Membership
- Some parties made reservations or declarations:
- Bangladesh, Belize, Colombia: Opted out of inquiry mechanism.
- Colombia: States protocol can’t require decriminalization of certain offenses.
- Not all CEDAW parties are OP-CEDAW parties.
- United States: Has not signed due to not ratifying CEDAW.
- Japan: Observing before joining.
- China: Studying the possibility of accession.
Individual Complaints
The Committee has ruled on 11 complaints across 7 countries, covering:
- Domestic violence
- Parental leave
- Forced sterilization
- Property division
Notable Cases:
A.T. v. Hungary (2005)
- Domestic violence case.
- Hungary ordered to protect the complainant and enact better laws.
Dung Thi Thuy Nguyen v. The Netherlands (2006)
- Parental leave discrimination.
- Committee requested law review.
A.S. v. Hungary (2006)
- Forced sterilization of a Romani woman.
- Hungary advised to compensate and reform consent laws.
Şahide Goekce & Fatma Yildirim v. Austria (2007)
- Failures in domestic violence protection.
- Austria advised to improve law enforcement and police training.
Inquiries
Ciudad Juárez, Mexico:
- Committee found systematic killings of women and government failure.
- Recommended:
- Federal involvement
- Punishment of negligent officials
- Improved prevention plans
Impact and Criticism
Acceptance:
- OP-CEDAW is the second most-accepted enforcement mechanism after the First Optional Protocol to the ICCPR.
Implementation:
- Few complaints submitted.
- A 2008 UK assessment noted:
- Low NGO use
- Unpredictable decisions
- Little policy influence
- Some success in raising awareness of domestic violence and forced sterilization.
Critics: - Bal Sokhi-Bulley and Catharine MacKinnon cite: - Complexity of complaints process - Lack of transparency - Non-binding recommendations - Still seen as a valuable, though limited, tool for women’s rights.
See Also
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)(#)
- First Optional Protocol to the ICCPR(#)
- Optional Protocol to the Convention on the Rights of Persons with Disabilities(#)
- Optional Protocol to the ICESCR(#)
References
- “Optional Protocol to the Convention on the Elimination of Discrimination against Women (OP-CEDAW)” (PDF), UN OHCHR. Retrieved 16 December 2009.