3. International Human Rights Commitments
Several international instruments prohibit discrimination on grounds of gender and promote de jure integration.
Art. 15.1 of the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), adopted in 1979 by the UN General Assembly, states that all states
parties “shall accord to women equality with men before the law”.227 CEDAW requires
states parties to take action both on a normative level, i.e., by incorporating the principle
of equality in their national legislation and by abolishing all discriminatory laws, and on a
procedural level, by requiring them to establish effective mechanisms to ensure the protection of women against any form of discrimination. In particular, the Convention contains
specific provisions concerning discrimination against women in employment matters and
requires states parties to take specific action in this field. Art. 7 prescribes that states parties
take “all appropriate measures to eliminate discrimination against women in the political
and public life of the country”. Art. 8 stipulates that:
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.
The CEDAW Committee has adopted a comment on Arts. 7 and 8 of the Convention that
looks specifically at participation of women in the military (see Box 13.1).228 229
Box 13.1
Women in the Military: The CEDAW Committee’s Comment on Participation of
Women in the Military229
28. The accessibility of the military service to women has rarely been reported on by the States parties to the
Convention. Some countries, however, have made reservations to various provisions of the Convention, including
its articles 7 and 8, with regard to the participation of women in the military service … .
29. The military is important to women in their role as citizens. However, many men and women think it is “men’s
business”. The historical reservation of military roles to men is largely the result of social construction. It has been
argued that military service is built into male rites, maintaining the separation between men’s and women’s roles
and stereotypes as “the protectors” and the “protected”. …
30. Since the military constitutes an important element of State order, decision-making and governance, all citizens
should be concerned about the kind of military they have. By being outside the military, women cannot be involved
in the decisions related to the use of military forces, changes in the military institutions and overall control over its
performance. …
227 Available at <http://www.un.org/womenwatch/daw/cedaw>. In Art. 1, the Convention 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 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”.
228 “Implementation of Article 21 of the Convention on the Elimination of All Forms of Discrimination
against Women: Analysis of articles 7 and 8 of the Convention”, CEDAW/C/1994/1, <http://www.un.org/documents/ga/cedaw/13/cedawc1994-4.htm>.
229 See <http://www.un.org/documents/ga/cedaw/13/cedawc1994-4.htm>.
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Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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