Towards equality for Women. Progress in legislation since the adoption of the Convention on the Elimination of All Forms of Discrimination against Women

Abstract

Over the last ten years, the region has made substantial progress in regard to the adoption of legislation aimed at ensuring the integration of women into economic and social development. Particular attention has been paid to establishing equality for women as a constitutional right, eliminating discriminatory measures, creating and strengthening women's advocacy units at the national, provincial and municipal levels, passing special laws to deal with specific problems and drawing up national plans of action.In this report, the author emphasizes the progress that has been made and proposes guidelines for further action. The different international and regional instruments that serve as a framework for action are reviewed, bearing in mind the fact that they are binding for States that have ratified them and/or participated in drafting them. An analysis is also made of the progress that has been achieved in regard to legislation, based on a broad definition of discrimination and a comprehensive approach to the legal system. Although this paper is organized according to the legal texts that govern rights, behaviours and procedures, the institutions that apply the laws, social standards and customs are also discussed, and an assessment is made of public awareness of the legislation in question.

The study clearly shows that there is global and regional consensus on the priority issues addressed, and above all, on the usefulness of the Convention on the Elimination of All Forms of Discrimination against Women as a binding legal instrument that provides sufficient grounds both for taking legal action and for amending legislation in order to facilitate, accelerate and orient the process of change. Consequently, it is recommended that greater use be made of the Convention in appealing directly to the different branches of government, particularly the courts in each country. Doing so can serve as a means for generating jurisprudence not only in regard to individual cases but also in order to effect a gradual change in national legal systems. This paper provides information and justification for following such a course of action.

It is also stressed that the Convention should be borne in mind in connection with state reform efforts, economic integration agreements and international cooperation programs. It can be a useful and timely instrument for achieving the goals sought.