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  • WOMEN IN SINGAPORE:

    Your Rights and Status

    The Convention on the Elimination of All Forms of Discrimination against Women

    awarecedaw

  • WOMEN IN SINGAPORE:Your Rights and Status

    Published by: Association of Women for Action & Research

    Designed and Illustrated by:razorSHARK Design

    Editorial Team:Braema Mathi, Nadzirah Samsudin and Silpa Ilan

    With special thanks: To razorSHARK for their pro bono design services.

    To the High Commission of Canada for supporting the publication of this booklet.

    To AWAREs CEDAW Committee, volunteers and interns who have contributed to the booklet.

    Block 5 Dover Crescent #01-22 Singapore 130005 Tel: +65 6779 7137 Fax: +65 6777 0138 Helpline: 1800 774 5935E-mail: [email protected]

    www.aware.org.sg

    ISBN 978-981-07-1345-4

    2011 Association of Women for Action & Research

    All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic or mechanical, including photocopying, recording or otherwise, without the prior permission of the publisher of this book.

  • WOMEN IN SINGAPORE:

    Your Rights and Status

  • PRESIDENT'S NOTEThis book is one of AWAREs projects to mainstream CEDAW (Convention of Elimination of all forms of Discrimination against Women). With CEDAW as a convenient framework, we wish to bring you to the table to discuss the advancement of women; civil rights and legal status of women; reproductive rights and cultural factors influencing gender relations.

    If you are new to CEDAW, thank you for picking up this book and accepting the invitation to this exciting discussion. I wish you well in your journey of learning through the myriad of gender-equality issues.

    If you are familiar with the discourses on these various matters, you are the committed, and I applaud you. In particular, I salute the many volunteers in various NGOs who have toiled hard and long in producing country shadow or alternative reports to the CEDAW Committee. If you are the converted and the committed, do pick up this book and give it to someone. Reach out, start the conversation and share your conviction. I wish you well in all your conversations.

    I could end here with my well-wishes but that is not enough. For some time now, the mantra I hear chanted is, Gender Equality, NOW! A woman in Singapore is one of the best educated; yet it is unlikely that you will see her in the highest echelon of political or economic power. Her self-esteem is constantly attacked by epitomes of beauty that are unattainable; fantasies created by the knife and hours of dragging, cropping and clicking of the mouse. Her path to self-actualization is riddled with guilt from failing to live up to the romantic and idealized prototype of the virtuous daughter/wife/mother.

    Enough.

    I implore you to pick up this book for all the women you love (your sister, your mother, your lover, your wife, your daughter ). I implore you to commit to Gender Equality, NOW!. I implore you to have conversations with the uncommitted, the unconverted. I implore you to work for change, now!

    Nicole Tan Siew Ping January 2012

  • CONTENTSA GUIDE TO CEDAW What is CEDAW? 8Why is CEDAW important and special? 8CEDAW Terminology 9Articles 1 to 3: Definition of Discrimination, Law, Policy and Measures to Implement the Convention 10-11Article 4: Temporary Special Measures 12-13

    THEMATIC DISCUSSIONS PART IArticle 5: Sex Role Stereotyping and Prejudice 16-17Article 6: Trafficking and Exploitation of Women 18-19Article 7: Women in Political and Public Life 20-21Article 9: Nationality 22-23

    THEMATIC DISCUSSIONS PART II Article 11: Employment 26-27Article 12: Health 28-29Article 13: Economic and Social Benefits 30-31Article 16: Marriage and Family Life 32-33General Recommendation 19: Violence Against Women 34-35

    CEDAW: THE PROCESS, SUMMARY OF ISSUES, FULL CLAUSES 38-44

  • In a society where the rights and potential of women are constrained, no man can be truly free. He may have power but he will not have freedom.

    MARY ROBINSONFormer United Nations High Commissioner for Human Rights

    Gender equality is more than a goal in itself. It is a precondition for meeting the challenge of reducing poverty, promoting sustainable development and building good governance.

    KOFI ANANFormer Secretary-General of the UN

    Today, men and women are valued the same.MICHELLE BACHELETExecutive Director of UN Women

    I love to see a young girl go out and grab the world by the lapels. You've got to go out and kick ass.MAYA ANGELOU Civil Rights Activist

    In too many instances, the march to globalisation has also meant the marginalisation of women and girls. And that must change.HILLARY CLINTONUnited States Secretary of State and Womens Rights Activist

    But, until women can move freely and think freely in their homes, on the streets, in the workplace without the fear of violence, there can be no real freetdom.

    ANITA RODDICK Founder of The Body Shop

  • The struggle in raising the status of women should have the complete support not only of all women but of all men too. This is only a part of a greater struggle for human souls to establish human rights. SHIRIN FOZDARKey figure in establishing Singapores Womens Charter

    Our women have made great strides in all areas because they have equal access to education, health and employment. However, equality is a work in progress as no country can claim to have achieved complete equality. So, besides policies and legislation, we will continue to work with our partners to help women achieve their fullest potential.

    MDM HALIMAH YACOB Minister of State, Ministry of Community Development Youth and Sports

    CEDAW amazes me. It is a privilege to work on CEDAW as an instrument for women's rights. CEDAW is my own commitment to stay true to the thinking, the passion, the thorough knowledge we need to own to protect all women, wherever they are.

    BRAEMA MATHI Chair of AWARE CEDAW Committee ( 2005 - present)

  • A GUIDE TO CEDAW

    ARTICLES 1 TO 3Definition of Discrimination,

    Law, Policy and Measures to Implement

    the Convention

    ARTICLE 4Temporary

    Special Measures

  • A GUIDE TO CEDAW

    What is CEDAW?The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is often referred to as the International Womens Bill of Rights. It was adopted by the UN General Assembly on December 18, 1979 and came into force in 1981. Today, 187 countries have ratified CEDAW. Singapore did so in 1995.

    This Bill of Rights falls into three main groups:

    DEFINITION OF EQUALITY AND NON-DISCRIMINATION Articles 1 to 4 define what is non-discrimination and how equality is maintained.

    THEMATIC DISCUSSIONS Articles 5 to 16 look at issues to specify how equality must prevail through legal measures and policies

    prohibiting discrimination.

    STATE OBLIGATIONS AND TREATY COMPLIANCE Articles 17 to 30 govern procedural and administrative matters such as the way the CEDAW reporting process works.

    Why is CEDAW important and special? CEDAW provides a complete definition of sex-based discrimination.

    CEDAW is based on the principle of substantive equality, which takes into account equality of results between men and women not just equality of opportunity and equality of success. This means that it looks at the actual conditions of womens lives in achieving equality.

    CEDAW legally binds all State Parties to protect, respect and fulfil womens human rights. States need to eliminate discrimination in the public and private spheres and across all levels of the State, the Market, the Community and the Family.

    8 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • ReservationsSome rights may take more time to be realised than others. States need time to invest in resources or make structural changes to eliminate discrimination. Thus, States are allowed to make reservations as a work-in-progress promise to bring about equality for women.

    Singapore has core reservations on Article 2 and Article 16 as well as Article 11. AWARE urges the State to remove these reservations within a specific time frame to fulfil womens rights in Singapore.

    Optional Protocol Optional Protocol provides an avenue for individuals to make complaints about the violation of their rights to a treaty body, or empower a treaty body to conduct inquiries on areas of concern.

    In 1999, the UN General Assembly adopted CEDAWs Optional Protocol (OP-CEDAW), instituting an inquiry procedure and a complaints procedure.

    An inquiry procedure enables the CEDAW Committee to conduct inquiries into serious and systemic abuses of womens human rights in countries.

    The complaints procedure gives individuals and groups of women the right to petition or the right to complain to the CEDAW Committee about violations of rights.

    General Recommendations The CEDAW Committee also makes general recommendations (GR) on important issues that they feel the State should devote more attention to. Typically, it includes:

    An overview of womens human rights concerns

    A close analysis of the ways in which CEDAW applies to these concerns

    A list of recommended measures for governments to implement

    For example, in 1992, the Committee adopted GR 19, on Violence against Women (VAW). States are now required to include data and information on incidence of VAW and how they ensure protection of women against violence.

    To date, CEDAW has adopted 28 GRs.

    Concluding ObservationsConcluding Observations are prepared by CEDAW Committee Members. It is released after the constructive dialogue session with each State.

    The Concluding Observations:

    Outline positives aspects of a States implementation of CEDAW

    Indicate the Committees concerns

    Provide recommendations on how CEDAW can be further implemented

    Temporary Special MeasuresTemporary Special Measures (TSM) are tentative strategies that encourage equality and aim to empower women. They are upheld until they are no longer required that is when the objective of gender equality has been attained and sustained over a period of time.

    CEDAW Terminology

    9AWARE Women in Singapore: Your Rights and Status

  • ARTICLES 1 TO 3:

    Definition of Discrimination, Law, Policy and Measures to Implement the Convention

    Temporary Special Measures

    Law Against Gender Discrimination

    Equal Opportunities in Employment

    Removal of Reservations

    Shared Responsibility in Caregiving

    Remove Gender Stereotypes

    Non-discrimination

    CONSTITUTION OF SINGAPORE (*)

    10 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • UN and I want the State to:

    Take measures to ensure that all women, regardless of age, disability, sexual orientation and gender identity are not discriminated against

    State obligations

    to CEDAW:Articles 1 to 3 deal with the fundamentals of CEDAW, which are to achieve the following:

    Equality for women regardless of their marital status

    Equality for women as a human right

    Equality of women in all fields (political, economic, social, cultural, or civil)

    Non-discrimination policies to ensure equality

    Provision of laws and policies to help women develop their FULL potential

    *Section 12(2) of the Constitution of Singapore states:

    Except as expressly authorized by this Constitution, there shall be no discrimination against citizens of Singapore on the ground only of religion, race, descent or place of birth^ , in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

    (Missing:^Gender, Marital Status and Sexual Orientation)

    11AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 4:

    Temporary Special Measures

    Have quotas for the number of women in Parliament.Set up a task force to review policies discriminating foreign domestic workers and foreign wives of Singaporean citizens.

    EQUALITY

    12 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW:CEDAW recognises the importance of equal representation, and the involvement of the female population in the public sphere.

    In order to accelerate a womans contribution to the public sphere, States may choose to adopt Temporary Special Measures (TSM).

    For example, Rwanda has adopted TSM to increase the number of women in Parliament. In 2003, the State reserved 30% of its 80 parliamentary seats for women. In 2011, 56% of parliamentarians in the Rwandan legislature were women. This quota is significantly above the 30% to 35% requirement set out by the UN.

    TSM should be adopted in Singapore, to look into the status of foreign wives and foreign domestic workers. These women do not have the same benefits as Singapore women and are also vulnerable to abuse.

    UN and I want the State to:

    Adopt TSM to ensure that all women are more visually represented in Singapore

    13AWARE Women in Singapore: Your Rights and Status

  • THEMATIC ISSUES PART I

    ARTICLE 5Sex Role Stereotyping

    and Prejudice

    ARTICLE 6Trafficking and Exploitation

    of Women

    ARTICLE 7Women in Political

    and Public Life

    ARTICLE 9Nationality

  • ARTICLE 5:

    Sex Role Stereotyping and Prejudice

    16 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: Modify social and cultural patterns

    Eliminate prejudices based on notion of gender inferiority or superiority

    Put an end to the practice of stereotyping men and women

    Raise awareness of maternity as a social function and the shared responsibility of parenthood

    UN and I want the State to:

    Educate and raise public awareness about patriarchal attitudes and discriminatory stereotypes

    Emphasise joint partnership and do away with the concept of man as the head of the household

    Use innovative measures to actively persuade the media to enhance understanding of gender equality

    17AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 6:

    Trafficking and Exploitation of Women

    DREAM

    COUNTRY OF

    ORIGIN

    REALITY

    18 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: To suppress all forms

    of trafficking in women and girls

    UN and I want the State to:

    Ratify the Palermo Protocol*

    Put in place legislation that protects trafficked women and girls and ensures the prosecution of offenders

    *The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also known as the Palermo Protocol) is a tool that sets out clear parameters to define the crime of human trafficking. Singapore does not subscribe to this definition of trafficking, nor has it acceded to the Protocol. This is worrying, especially as Singapore is increasingly seen as a destination and transit country for trafficked women and girls.

    19AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 7:

    Women in Political and Public Life

    Total number of Parliament seats: 90

    FemalesMales SEATING PLAN FOR THE

    12TH PARLIAMENT OF SINGAPORE

    Total number of elected female MPs: 19Total number of female NCMP: 1

    20 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: Eliminate discrimination against women in the political

    and public life of Singapore

    Women should have the equal right to participate in the formulation of government policy and to hold public office and perform all public functions at all levels

    UN and I want the State to:

    Promote womens full and equal participation in decision-making roles

    Raise awareness about the importance of women holding decision-making roles

    Develop training and mentoring programmes and programmes on leadership for women candidates and women elected to public office

    4 out of 21 committee members of the National Trades Union Congress (NTUC) are females

    3 out of 18 central executive committee members of the PAP are females

    1 out of 9 members on the Board of Peoples Association are females

    3 out of 17 judges and judicial commissioners at the Supreme Court are females

    21AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 9:

    Nationality

    Idah

    22 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • UN and I want the State to:

    Make the process of acquiring citizenship as transparent as possible

    Provide foreign wives with opportunities to pick up job-related skills

    State obligations

    to CEDAW: Grant equal rights to wives to acquire,

    change or retain their nationality

    Grant women equal rights with men with respect to the nationality of their children

    Idah's Story

    My name is Idah and I am a foreign wife. Though I come from Batam, Singapore is my home. I have three children, and they go to school here. I want to be able to support them.

    Everyday I worry about the future what if my husband is not able to work tomorrow? What if my long-term visit pass is not renewed? I dont think I can bear to part with my babies. Without a proper pass I cannot get a work permit for jobs. I have to depend on my husband for everything.

    I have tried applying for citizenship over and over again. It has been ten years now, but I will not give up hope.

    23AWARE Women in Singapore: Your Rights and Status

  • THEMATIC ISSUES PART II

    ARTICLE 11 Employment

    ARTICLE 12 Health

    ARTICLE 13 Economic and Social Benefits

    ARTICLE 16Marriage and Family Life

    GENERAL RECOMMENDATION 19Violence Against Women

  • ARTICLE 11:

    Employment

    Office

    26 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: To eliminate

    discrimination against women in the field of employment

    To prevent discrimination against women on the grounds of marriage and maternity

    UN and I want the State to:

    Take full measures to eliminate discrimination against women in the workforce

    Help women and men achieve work-life balance

    Provide support for mothers to re-enter the workforce

    In 2010, women formed 43.6% of the total employed workforce and 49.2% of university graduates

    In 2010, women occupy only 27% of executive level positions, and only 6% of board positions in Singapore listed companies

    Employment rate of women decreases when they reach their early thirties; perhaps reflecting the withdrawal of women from the workforce after marriage and childbirth either as a result of personal choice or the lack of childcare support

    Pregnant employees are also seen as liabilities as employers are unwilling to incur the additional costs of paid maternity leave

    27AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 12:

    Health

    28 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: Ensure that all women have

    access to healthcare The average Class C hospital bill is $1,600.

    On average, an individual would have just $16,900 in their Medisave balance. This is enough to cover short-term health care. However, women face life-long disabling diseases, and many struggle to finance the cost of treatment

    A 2005 study showed that among the elderly, more women (65%) than men (43.8%) depend on their childrens Medisave. The same study also showed that more men (30.1%) than women (6.9%) have their own Medisave

    In a research project conducted in 2009, 9 out of 10 elderly residents reported having at least one chronic health condition

    UN and I want the State to:

    Provide Singaporeans over 85 years old with Medishield coverage for life

    Make the criteria for Medifund more transparent, with a breakdown by sex, age, and its impact on women

    Greater public health prevention programmes with a good outreach targeted at women

    29AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 13:

    Economic and Social Benefits

    30 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: To eliminate discrimination

    against women in other areas of economic and social life

    The right to family benefits

    The right to bank loans, mortgages and other forms of financial credit

    Access to financial security is crucial for women. The Central Provident Fund (CPF) scheme ensures that Singaporeans have enough savings to pay for their homes, education and medical bills. However, those who are not in active employment or those who are working as casual or contract workers will not have enough CPF.

    Other groups of women who are affected are:

    Single unwed mothers though they may be employed, they will have difficulties securing a housing loan from HDB, as a single-parent household is not recognised as a family unit

    Foreign wives married to Singapore men from the lower-income group they have limited job prospects due to visa restrictions and depend solely on their husbands

    UN and I want the State to:

    Provide effective and adequate social security

    Implement measures to ensure the continual engagement of women in the workforce

    31AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 16:

    Marriage and Family Life

    32 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • State obligations

    to CEDAW: To remove reservations on Article 16

    to ensure equality of men and women in all matters relating to marriage and family relations

    UN and I want the State to:

    Lift the reservations on Article 16 within a concrete time frame as it is fundamental to the Convention

    Article 16 ensures equality of men and women in the areas of family matters, such as the same rights to freely choose a spouse and the same rights for equal parenting responsibility.

    However, the State has entered reservations on Article 16, and has declined to lift them. The reason provided is that Syariah Law as practised in Singapore is incompatible with the demands of Article 16.

    This reservation is a significant obstacle to women realising their rights, and other predominantly Muslim countries have lifted their reservations on Article 16.

    33AWARE Women in Singapore: Your Rights and Status

  • GENERAL RECOMMENDATION 19:

    Violence Against Women

    Emotional SupportLegal Support

    Financial Support

    34 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • My relationship was just like any other in the beginning. He was loving and caring. We wanted to spend all our time with each other. Then, things started to change.

    He didnt want me to be around certain friends. He didnt like what I wore. He hit me when I did things wrong. He told me that it was because he loved me. I found myself giving in to make him happy. As time passed, I had to give up more and more of myself to make him happy.

    He pushed and pushed. Finally, I reached my breaking point.

    I decided I must be brave for myself. The journey to recovery was not easy. I was afraid he would find out that I was secretly getting help and becoming more in control of myself. Then, it happened. I was no longer afraid.

    A survivor of intimate relationship violence

    UN and I want the State to:

    Encourage women to report incidents of domestic and sexual violence

    Criminalise domestic violence and marital rape

    Strengthen the capacity of shelters and crisis centres

    Collect and make public the data on domestic and sexual violence disaggregated by sex, age, nationality and the relationship between victim and perpetrator

    35AWARE Women in Singapore: Your Rights and Status

  • THE CEDAW PROCESS

    SUMMARY OF CEDAW ISSUES

    FULL CEDAW CLAUSES

  • A) STATE IMPLEMENTATIONB) THE CEDAW COMMITTEEC) ROLE OF NGOs

    A STATE IMPLEMENTATION1. States that ratify CEDAW have to report regularly to

    the CEDAW Committee.

    2. State has to prepare and submit an initial report and subsequently, a periodic report every four years.

    3. The report details the States progress towards meeting the standards of the Convention.

    4. State to follow up on Concluding Observations as detailed by the CEDAW Committee.

    B THE CEDAW COMMITTEE1. The Committee bridges the gap between

    ratification and implementation.

    2. It is made up of 23 expert members and they serve for four years.

    3. Each member is nominated by their governments and elected by secret ballot. Ms Anamah Tan was Singapores representative from July 2001 to January 2004.

    4. The Committee meets at the UN HQ twice a year for a 3 week session. 8 countries are usually scheduled for each week.

    WHAT DO THEY DO?5. The Committee reviews the periodic report

    submitted by the State and the Shadow Report submitted by NGOs.

    6. Holds a Constructive dialogue session with countries reporting for that session.

    7. Prepares the Concluding Observations.

    THE CEDAW PROCESS

    C ROLE OF NGO1. Prepare the Shadow Report, which

    provides alternative information to the States periodic report.

    2. Take part in the reporting session by:

    a) Making oral statements during informal meeting with the Committee.

    b) Conducting a lunch briefing with Committee members.

    c) Observe dialogue session.

    d) Monitor States progress for future follow up action.

    38 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • ARTICLE 5 Appropriate measures that need to be taken by the State (Stereotype)

    Take appropriate measures to modify cultural patterns of conduct, as well as the need for family education to recognize the social function of motherhood and the common responsibility for raising children.

    ARTICLE 6 Suppress Trafficking of women

    Take measures to suppress the trafficking of women and the exploitation of prostitution of women.

    ARTICLE 7 Political and public life

    End discrimination against women in political and public life and ensure womens equal rights to vote, be eligible for election, participate in the formulation of policy, hold office, and participate in associations and non-governmental organizations.

    ARTICLE 8 Government representation

    Allow women to represent their governments internationally on an equal basis with men.

    ARTICLE 1 Defines Discrimination

    Defines discrimination against women as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of marital status, on the basis of equality between men and women, of human rights or fundamental freedoms in the political, economic, social, cultural, civil, or any other field.

    ARTICLE 2 Describes States' duties to uphold the convention

    Condemn discrimination in all its forms and ensure a legal framework including all laws, policies and practices that provides protection against discrimination and embody the principle of equality.

    ARTICLE 3 Generalised promise of equality

    Take action in all fields civil, political, economic, social and cultural to guarantee womens human rights.

    ARTICLE 4 Immediate steps to ensure equality

    Take temporary special measures to accelerate equality.

    CEDAW SUMMARY OF ISSUESCEDAW consists of a preamble and 30 articles. The following is a summary.

    39AWARE Women in Singapore: Your Rights and Status

  • ARTICLE 9 Nationality

    Women have equal rights with men to acquire, change, or retain their nationality and that of their children.

    ARTICLE 10 Education

    End discrimination in education, including in professional and vocational training, access to curricula and other means of receiving an equal education as well as eliminate stereotyped concepts of the roles of men and women.

    ARTICLE 11 Employment

    End discrimination in the field of employment, including the right to work, employment opportunities, equal remuneration, free choice of profession and employment, social security and protection of health, including maternal health, and also in regard to discrimination on the grounds of marriage or maternity.

    ARTICLE 12 Health

    Eliminate discrimination in health care, including access to services such as family planning.

    ARTICLE 13 Economic and social life

    Women are ensured the same rights as men in all areas of social and economic life, such as family benefits, mortgages, bank loans, and participation in recreational activities and sports.

    ARTICLE 14 Rural women

    Focuses on the particular problems faced by rural women, including the areas of womens participation in development planning, access to adequate health care, credit, education, and adequate living conditions.

    ARTICLE 15 Equality before the law

    Take steps to ensure equality before the law and the same legal capacity to act in such areas as contracts, administration of property and choice of residence.

    ARTICLE 16 Marriage and family relations

    Ensure equality in marriage and family relations, including equal rights with men to freely choose marriage, equal rights and responsibilities toward children, including the right to freely determine the number and spacing of children and the means to do so, and the same rights to property.

    ARTICLE 17 TO 30

    Set forth elements of the operation of the Treaty.

    GENERAL RECOMMENDATION 19 Violence against Women

    Gender-based violence is a form of discrimination that seriously inhibits womens ability to enjoy rights and freedoms on a basis of equality with men.

    GENERAL RECOMMENDATION 26 Women Migrant Workers

    This general recommendation intends to contribute to the fulfilment of the obligations of States parties to respect, protect and fulfil the human rights of women migrant workers, alongside the legal obligations contained in other treaties, the commitments made under the plans of action of world conference and the important work of migration-focused treaty bodies.

    40 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • Article 1

    For the purposes of the present Convention, the term discrimination against women shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

    Article 2

    States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

    (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

    (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

    (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

    (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

    (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

    (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

    (g) To repeal all national penal provisions which constitute discrimination against women.

    Article 3

    States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

    Article 4

    1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

    2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.

    Article 5

    States Parties shall take all appropriate measures:

    (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

    FULL CEDAW CLAUSESAdopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979; entry into force 3 September 1981.

    41AWARE Women in Singapore: Your Rights and Status AWARE Women in Singapore: Your Rights and Status

  • (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

    Article 6

    States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

    Article 7

    States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

    (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

    (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

    (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

    Article 8

    States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

    Article 9

    1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

    2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

    Article 10

    States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

    (a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

    (b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

    (c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

    (d) The same opportunities to benefit from scholarships and other study grants;

    (e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

    (f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

    (g) The same opportunities to participate actively in sports and physical education;

    (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

    Article 11

    1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

    42 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • (a) The right to work as an inalienable right of all human beings;

    (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;

    (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

    (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

    (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

    (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

    2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

    (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

    (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

    (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

    (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

    3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

    Article 12

    1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

    2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

    Article 13

    States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:

    (a) The right to family benefits;

    (b) The right to bank loans, mortgages and other forms of financial credit;

    (c) The right to participate in recreational activities, sports and all aspects of cultural life.

    Article 14

    1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

    2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

    (a) To participate in the elaboration and implementation of development planning at all levels;

    (b) To have access to adequate health care facilities, including information, counselling and services in family planning;

    43AWARE Women in Singapore: Your Rights and Status

  • (c) To benefit directly from social security programmes;

    (d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

    (e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment;

    (f) To participate in all community activities;

    (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

    (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

    Article 15

    1. States Parties shall accord to women equality with men before the law.

    2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

    3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

    4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

    Article 16

    1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

    (a) The same right to enter into marriage;

    (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

    (c) The same rights and responsibilities during marriage and at its dissolution;

    (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

    (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

    (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

    (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

    (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

    2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

    General RecommendationsFor more information on GR visit: http://www2.ohchr.org/english/bodies/cedaw/comments.htm

    For more information on GR 19 on Violence Against Women visit: http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19

    For more information on GR 26 on Women Migrant Workers, visit: http://www2.ohchr.org/english/bodies/cedaw/docs/GR_26_on_women_migrant_workers_en.pdf

    44 CEDAW The Convention on the Elimination of All Forms of Discrimination against Women

  • AWARE'S SHORT HISTORYThe Association of Women for Action and Research, better known as AWARE, is Singapores leading gender equality advocacy group. It was founded in 1985. AWAREs three-pronged approach includes research and advocacy, education and training and support services.

    The AWARE CEDAW Committee was formed in 2004 and since then has been engaged in the following activities: producing two Shadow Reports (2007, 2011); advocating on key areas in the Concluding Observations; framing and conducting research to deepen the understanding on certain issues; educating the public on CEDAW and offering training programmes for other NGOs so that more can come on board for CEDAW.

    Today AWARE is in a phase of main framing CEDAW into almost all aspects of its work.

    Womens rights are human rights. We have to protect, respect and fulfil them.