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Implementing CEDAW

It is very important to have some method of implementing CEDAW that will make a difference to the community you are trying to impact. Your first step may be to seek a resolution if your jurisdiction does not already have one. A resolution will not cost your jurisdiction anything and does not hold any legal weight. Any resolution you pass must include:

• A statement urging the United States government to ratify CEDAW without delay
• A provision about pursuing local implementation of CEDAW

At the ordinance implementation stage, you will be asking for either a monetary commitment or change in policies, and probably both. This will take more time than simply passing a resolution and will require more political will. You may want to ask for specific legal/policy changes, the collection of disaggregated data, or increased political participation of women. CEDAW is a rich document and provides many avenues to pursue in order to protect women’s rights. Emphasizing human rights, and, significantly, the indivisibility and universality of such rights and the right-based language is a critical part of this work.

• Learn the legislative process in your jurisdiction before you start, know your legislative contact is. You should know what the existing laws are and what CEDAW can add.
• Contact the government players as soon as possible and get their support.
• Get government line-workers’ support and community support.

Because of our public/private partnership, WILD was invited to provide information on human rights law, our sense of what community groups wanted and needed, and how these interests related to human rights law during the drafting process of the CEDAW ordinance. Your areas of expertise may be different. Even if you are not directly asked to give information, you should supply this information if you think it will help.
Of course, if you are a government body, navigating the legislative waters will be much easier. Remember to request (in writing) technical assistance from relevant nonprofits to ensure an effective and inclusive bill that is relevant to the community.

The CEDAW legislation for San Francisco was drafted by the COSW, the office of Supervisor Kaufman, and the city attorney. WILD, AI, and TWF provided technical assistance on women’s human rights. The legislation:

• Requires selected city departments to undergo gender analysis and for all city departments to participate in human rights trainings.
• Establishes an official Task Force made up of government and community members.
• Mandates human rights trainings for all city departments.
• Contains a redrafting of CEDAW to apply locally.

San Francisco allocated funds to fulfill this law and created a new staff position at the Commission on the Status of Women. However, legislation is not the only way to impact your community. You may want to concentrate on policy changes or educating decisionmakers on the discrimination and human rights violations that women and girls face in your community. The important thing is to let community members define what CEDAW means to them and how best to make CEDAW real for women and girls.

If you are a nonprofit organization, you will want to be particularly careful not to jeopardize your 501(c)(3) tax-exempt status. As you know, nonprofits may seek to change public opinion. Be sure to advocate for legislation within the limits of your tax-exempt status. You should contact a local nonprofit organization support center or the Internal Revenue Service for the exact parameters. However, nonprofits may provide technical assistance if a government body requests in writing. Individuals and government employees will have a lot more flexibility to advocate for legislation.

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