Since becoming a party to CEDAW, Australia has developed many mechanisms for implementing the rights enshrined within this treaty. The Sex Discrimination Act 1984 (Cth) is one of the most important mechanisms. The criminal justice system, the legal system, and a wide range of policies and programs, as well as cultural attitudes, are also important parts of implementing and enforcing the rights enshrined in CEDAW.
The Sex Discrimination Act
The Sex Discrimination Act (SDA) is federal legislation, which makes sex discrimination against the law. The SDA was passed in 1984 and gives effect to some of the obligations under CEDAW. The SDA is administered by the Australian Human Rights Commission and includes the role of the Sex Discrimination Commissioner. All states and territories have anti-discrimination laws that also prohibit sex discrimination. These laws are administered by state equal opportunity or anti-discrimination bodies.
More information about the SDA, and how to make a complaint under the federal law, is available at the Australian Human Rights Commission website (www.humanrights.gov.au/sex_discrimination/index.html)
Government Reporting Process
Countries that are party to CEDAW are required to report to the CEDAW Committee every four years about how they are fulfilling their responsibilities under the treaty and about the ongoing human rights challenges women face.
The Australian Government works with the State and Territory governments to prepare the report on how Australia is implementing CEDAW, and consults with the community. The Australian Government submits Australia's report to the UN for the CEDAW Committee to consider.
The CEDAW Committee looks at each report. Government representatives must appear before the Committee when their report is being examined to discuss their country's progress and answer any questions.
The Committee issues concluding comments following its consideration of Australia's report and the information the Australian delegation provided during its appearance before the Committee.
Governments and the community consider the CEDAW Committee's concluding comments. The Australian Government responds to the concluding comments, and details the action it has taken to address them, in its next report.
Community sector 'shadow' reporting process
The CEDAW Committee encourages the community sector (or NGOs) to follow its work and to provide reports so it can gather alternative views to those provided by governments. The Committee and its pre-sessional working group welcome country-specific information from NGOs in the form of reports and oral evidence that 'shadow' the government reports.
The community sector plays a key role in monitoring CEDAW in Australia by preparing shadow reports reflecting their views on the Australian Government's achievements and remaining challenges under CEDAW.
As shadow reports do not need to be submitted until the Committee appearance, they are often drafted after the Government report is lodged. This means a shadow report can draw on and respond to information in the Government report. In 2008, the Australian Government funded NGOs to prepare an independent shadow report in response to the Government's 6th/7th CEDAW report. You can contribute to the Shadow Report by emailing (cedaw@ywca.org.au).
NGOs play a vital role in monitoring and implementing CEDAW by:
- spreading awareness of CEDAW and the rights in it to people around the world
- lobbying governments, businesses and individuals to implement CEDAW
- providing information to governments on progress, difficulties and strategies to enable more effective human rights implementation.
The role of the Australian Human Rights Commission and the Sex Discrimination Commissioner
The Australian Human Rights Commission (the Commission) is an independent statutory authority and is Australia's national human rights institution (NHRI). There are currently about 90 NHRIs around the world. NHRIs receive, investigate and conciliate complaints of discrimination or human rights abuses; review national laws, policies and programmes to ensure that they are consistent with human rights standards; monitor a state's compliance with its own laws and with international human rights standards and recommend changes when necessary and raise community awareness and understanding of human rights issues.
The Australian Human Rights Commission was established in 1986 by an act of the Federal Parliament and reports to the federal Parliament through the Attorney-General.
The Sex Discrimination Commissioner is a member of the Commission. The Sex Discrimination Commissioner plays an independent role in monitoring progress on implementing obligations under CEDAW and promoting progress towards gender equality in Australia. The Commission is responsible for receiving complaints for breaches of the Sex Discrimination Act. It also hold public inquiries into issues of national importance, provides independent advice to assist courts in cases that involve human rights principles and advise parliaments and governments on developing laws, programs and policies.
As Australia's NHRI, the Commission and the Sex Discrimination Commissioner have an important role is promoting the rights of women and monitoring the implementation of CEDAW. The CEDAW Committee encourages all NHRIs to publicise its concluding observations, general recommendations and decisions and views on individual complaints and inquiries. The CEDAW Committee also welcomes NHRIs input into the reporting process on CEDAW. The Australian Human Rights Commission has standing to provide an independent report and oral evidence when the CEDAW Committee is considering the Australian Government's report on implementation nof CEDAW.