English - CEDAW Southeast Asia

CEDAW and the Law:
crimination must be in accordance with the definition of ‘discrimination’ in Article 1 of CEDAW,
as well as with the core pillar of non-discrimination: see Part III.2.2. This should be a guarantee
against all forms of discrimination - whether direct, indirect or past discrimination - and
bear in mind the interrelatedness of discrimination. Further, understanding of discrimination
must be comprehensive to encompass all forms and manifestations of discrimination as well
as address the intersections of other grounds of discrimination with gender discrimination.
The selected indicators for the guarantees of equality and non-discrimination are:
Indicator 1
Indicator 2
Indicator 3
Indicator 4
Is there a guarantee of equality and non-discrimination on the basis
of sex or gender in the Constitution and/or legal documents
Is there a definition of equality between men and women/gender
equality and does it conform to substantive equality
Is there a definition of discrimination/non-discrimination on the basis
of sex and does it conform to Article 1 of CEDAW
Do legal documents address the intersections of other grounds of
discrimination with gender discrimination (such as discrimination on the
basis of ethnicity, disability, age and sexual orientation)
V.1.2.2 Prohibition on Discrimination
Article 2(b) of CEDAW requires that legislative and other measures be adopted to prohibit discrimination,
including sanctions. The prohibition of discrimination must apply to both State and
non-State actors. 132 Public authorities must refrain from any act or practice of discrimination. 133
The State Party is obligated to ensure that appropriate measures are in place to eliminate discrimination
by private persons, enterprises or organizations. 134 Sanctions for violations of the
prohibition against discrimination must be put in place where appropriate. 135
The selected indicators for the prohibition on discrimination are:
66
Indicator 5
Indicator 6
Indicator 7
Indicator 8
Is there legislation in place that clearly prohibits gender discrimination
by public authorities
Is there legislation that prohibits gender discrimination by private persons,
enterprises and organizations
Are there sanctions in place for actions or omissions that result in
discrimination Are sanctions heavier if the discriminatory act is committed
by a public official
Is there legislation in place that prohibits gender discrimination
by foreigners and foreign-owned and/or controlled entities
V.1.2.3 Legal Protection of Women
Article 2(c) of CEDAW requires States Parties to establish legal protection for women, in par-
132
CEDAW, Articles 2(d) and 2(e), in particular
133
CEDAW, Article 2(f)
134
Ibid., Article 2(e)
135
Ibid., Article 2(b)
Review of key legal documents and compliance with CEDAW