On 6 October 1999 the Optional Protocol to CEDAW was accepted by the UN General Assembly and opened for signature and ratification by countries that are parties to CEDAW. Its provisions became operational on 22 December 2000.
The CEDAW Optional Protocol strengthens the complaint mechanisms available for the rights within CEDAW. The Optional Protocol provides for complaints to be taken directly to the UN, after all domestic remedies have been exhausted. Other international treaties have similar complaints procedures. These optional agreements can be accepted by the country that is already a party to the original treaty.
The Optional Protocol to CEDAW allows people to bring a complaint to the CEDAW Committee about an alleged breach of the rights under CEDAW. To bring a complaint, a person must first show that there are no other ways to deal with their complaint in their country. The Optional Protocol does not create new rights, but provides a new complaint mechanism for existing rights that have been in force since the government became a party to CEDAW. Governments are required to respond to the findings of the CEDAW Committee about the complaint within six months, including information about action taken in light of the views and recommendations of the Committee.
The Optional Protocol also enables the CEDAW Committee to investigate claims of serious violations of CEDAW in Australia through an inquiry.
In November 2008, around 94 countries had become party to the Optional Protocol.
On 24 November 2008, the Australian Government announced its intention to become party to the Optional Protocol. Australia acceded to the Optional Protocol in December 2008. The Optional Protocol will enter into force three months after lodgment of our instrument of accession. This will occur in March 2009. By becoming a party to the Optional Protocol, the Australian Government is demonstrating its strong commitment to promoting the elimination of discrimination against women and the standards enshrined in CEDAW. Accession to the Optional Protocol will make a powerful statement that discrimination against women—in Australia and internationally—is unacceptable.
A model communication for complaints to the CEDAW Committee under the Optional Protocol can be found at the UN website(www.un.org/womenwatch/daw/cedaw/opmodelform.html)