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CEDAW Implementation & Process
CEDAW is an international treaty that was adopted by
the United Nations General Assembly in 1979 and signed
by then-President Jimmy Carter over twenty years ago.
Congress has not yet ratified
it and the United States is thus not subject to its
obligations. One hundred
and sixty-six (166) other countries have ratified
CEDAW, including all other industrialized member
states of
the United Nations and most so-called "third-world" countries.
San Francisco's ordinance makes us the first-and
still only-city in the United States to implement
the underlying principles of CEDAW on a local level.
The ordinance works to promote gender equity and
equal access in (1) economic development and employment,
(2) violence against women and girls, and (3) health
care. The passage of this historic ordinance resulted
from a unique public/private partnership between
the San Francisco Commission on the Status of Women
(COSW) and a consortium of community organizations
spearheaded by WILD for Human Rights.
The ordinance is designed to eliminate discrimination,
including violence, against women through implementing
CEDAW principles within San Francisco. CEDAW broadens
the definition of discrimination to protect women
and girls' "human rights or fundamental freedom[s] in the political, economic, social and cultural, civil, legal or any other field." CEDAW
expands the definition of human rights, giving formal
recognition to the influence of culture and tradition.
It recognizes that differences in life experiences
often result in the social, economic, and political
inequities for women and girls that permeate our
society and determine how decisions are made. The
CEDAW Ordinance broadly defines discrimination against
women and girls as any, "Distinction, exclusion,
or restriction made on the basis of sex that 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." The definition of discrimination includes gender-based violence that is directed against a woman because she is a woman or that affects women disproportionately.
The ordinance requires City departments to undergo gender analysis to determine whether the departments are implementing the principles of CEDAW or discriminating against women and girls in their service delivery, employment practices, and budget allocation. The purpose in analyzing the operations of departments is to identify discrimination and, if identified, to remedy that discrimination. The aim is to integrate gender into daily operations so that women and men, as well as girls and boys are ensured adequate access to services and fairness in the workplace. The Task Force selected two departments to undergo the first gender analysis in 1999.
The CEDAW framework recognizes that all departments
are interconnected and part of a unified whole. Thus,
the actions of the selected departments impact other
departments and private entities. Equally important,
the CEDAW framework also recognizes that citywide policies,
unions and/or the public set many practices and that
external factors can influence the creation of an efficient
or just environment within any single department. The
Department of Public Works was selected for its large
size, nontraditional employment opportunities for women,
and provision of indirect services (services not provided
directly to an individual person), such as street construction
and building design. The Juvenile Probation Department
provided an opportunity to examine service provision
to an increasing population of diverse young women,
and to delve into its community services.
The two departments underwent gender analysis in
the summer of 1999.
The analysis was conducted with the help of department
staff, unions, and community representatives. The
departments used the guidelines to conduct a self-analysis,
based
on the view that critical self-examination is essential
for any long-term change. The guidelines provide
a framework to document and address the differential
impact of services, employment policies, and budget
allocations on women and men in a three-step process:
(1) gathering information, (2) assessing the situation,
and (3) recommending what, if any, city practices
and policies should change to promote gender equity.
The ultimate aim was not to produce yet another departmental
report but to put a process in motion that would
encourage and institutionalize new ways of thinking
about gender. Since then a number of Departments
and Commissions have followed suite.
Some
of the issues raised by the first two analyses
appeared to be
citywide problems (or solutions) that
one department could not solve on its own.
To further verify this trend and continue the
gender analysis
process the Task Force chose four other City
departments, Adult Probation Department,
Arts Commission, Department
of the Environment, and the Rent Stabilization
Board. In 2001, the ordinance was expanded
to include the
intersection of gender and race and the particular
experiences faced by women and girls of color,
with reference to the U.N.
Convention on the Elimination
of all Forms of Racial Discrimination (CERD) which the U.S. ratified in 1994. WILD for Human
Rights published and submitted to the United
Nations CERD
Committee a shadow report entitled: The Treatment
of Women of Color Under U.S. Law: A Report
on U.S.
Government Compliance with the International
Convention on the Elimination of All Forms
of Racial Discrimination**LINK
to article in Publications**
As a last task, the CEDAW San Francisco Taskforce
adopted a five-year strategic plan. It envisions
that the
local implementation of the United Nations Convention
to Eliminate All Forms of Discrimination Against
Women (CEDAW) will result in women and girls
fully exercising their human rights including
an adequate
standard of living, education, bodily integrity
and health; while acknowledging the multiple
identities
of women and girls including race, ethnicity,
socio-economic status, sexuality, nationality,
age, family status
and immigration status.
Full implementation of CEDAW would ensure dignity
and respect for women and girls in both public
and private
spaces; and end systemic forms of discrimination
and violence towards women and girls in the United
States. This strategic plan is intended to provide
a roadmap for moving expeditiously towards the
implementation of CEDAW in the City and County
of San Francisco.
The overall vision is that, ultimately, all aspects
of public and private sector will fully integrated
CEDAW into their systems and structures; and
everything that happens to San Francisco women
and girls will
be interpreted and acted upon using the CEDAW
conceptual framework, analysis and language.