'CEDAW defines discrimination against women as:
...any distinction, exclusion or restriction made on the basis of sex which 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. (Article 1)
In becoming party to CEDAW, Australia committed itself to being a society that promotes policies, laws, organisations, structures and attitudes that ensure women are given the same rights as men. CEDAW facilitates this by promoting non-discriminatory practices in the following areas.
Law, policy and prejudices
Article 2 of CEDAW urges parties to CEDAW to work towards eradicating discrimination against women, including by introducing new laws or policies, changing existing discriminatory laws and providing sanctions for discrimination where appropriate.
Article 3 of CEDAW requires parties to promote actively women's full development and advancement, so they can enjoy human rights and fundamental freedoms on the same basis as men.
Article 4 of CEDAW allows temporary special measures that favour women, on the basis that they are designed to speed up achievement of equality.
Article 5 of CEDAW requires parties to address and change social and cultural patterns that reinforce the stereotyping of women and traditional gender roles, or that promote the relative superiority or inferiority of either of the sexes.
Trafficking and exploitation of prostitution
Article 6 of CEDAW requires parties to take all appropriate measures to suppress all forms of trafficking of women and exploitation of prostitution of women. It does not intend to prohibit prostitution but to address problems of exploitation of women through prostitution.
Politics and public life
Article 7 of CEDAW sets out women's right to vote, to stand for election, to be involved in formulating government policy and to actively participate in non-government organisations (NGOs) and other bodies concerned with the public and political life of the country, such as political parties and lobby groups.
Article 8 of CEDAW states that women should have the same opportunities as men to represent their countries internationally and be involved in the work of international organisations.
Nationality
Article 9 of CEDAW requires that women have the same rights as men to acquire, retain or change their nationality and the nationality of their children. It provides that neither marriage to an alien nor a change of nationality by the husband during marriage will automatically change the nationality of the wife, make her stateless or force upon her the nationality of the husband. Article 9 also provides that women have the same rights as men regarding the nationality of their children.
Education and training
Article 10 of CEDAW urges parties to ensure that women have the same opportunities as men in all aspects of education and training—from kindergarten to tertiary education. Women and girls should have access to the same curricula, professional staff and programs, especially those aimed at reducing any existing gender gaps within education, and opportunities to benefit from the same scholarships and study grants as men. Governments are required to ensure that all education is free from stereotypical concepts of the roles of men and women.
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Employment
Article 11 of CEDAW requires parties to eliminate discrimination in employment so as to ensure that women have the right to work, the right to the same training and employment opportunities as men and the right to receive equal pay for work of equal value. Women must also have access to the same benefits, compensatory schemes, and allowances as men, especially in relation to retirement and incapacity to work.
This Article further requires that parties prohibit discrimination in the workplace on the basis of marriage, pregnancy and maternity, and introduce paid maternity leave without loss of benefits or career opportunities, and encourage provision of supporting social services to allow parents to combine family obligations with work responsibilities.
Health
Article 12 of CEDAW requires parties to take all appropriate measures to eliminate discrimination against women in the field of health care to ensure women and men have equal access to health services including family planning.
This Article further requires that parties provide appropriate health services in relation to pregnancy and post-natal care, and to grant free services where necessary.
Economic life, sport and culture
Article 13 of CEDAW expressly requires that women have equal access to family benefits, forms of financial credit, including bank loans and mortgages, and the same rights as men to participate in recreational activities, sports and cultural life.
Women living in remote and rural areas
Article 14 of CEDAW requires all parties to take all appropriate measures to ensure that the particular needs of rural women are met and to ensure rural women have access to health care services, training and employment opportunities, and social security schemes.
Equality before the law
Article 15 of CEDAW requires parties to treat women and men equally in all matters relating to the law, including civil matters, contractual matters, and property ownership.
Family relations
Article 16 of CEDAW requires parties to ensure women and men have equal rights to freely choose a spouse and enter into marriage; the same rights and responsibilities as men within marriage and upon divorce, especially with regard to choosing a family name, a profession, and the rights of ownership of property; and equal rights in all matters relating to birth, adoption and raising of their children.
Violence against women
Gender-based violence is a serious form of discrimination. While CEDAW does not contain an explicit reference to violence against women, the CEDAW Committee has issued a General Recommendation which states that violence directed against a woman because she is a woman or violence that affects women disproportionately is recognised and addressed as discrimination under the convention.
Parties to CEDAW therefore have an obligation under CEDAW to take positive steps to eliminate all forms of violence against women. The CEDAW Committee asks countries to provide information in their regular reports about legislation and other measures it uses to protect women from violence, as well as the support services available to women.
Reservations
When signing or ratifying an international treaty, a country can make a reservation to a particular provision or provisions of that treaty. This is a unilateral statement which effectively excludes the country from any obligation in regards to that provision. It is always open to any country to remove reservations to CEDAW when it wishes to commit to those rights.
Australia has two reservations to CEDAW; the provision of paid maternity leave or a 'comparable social benefit' and women's participation in direct, armed combat.
Paid maternity leave
When the Australian Government ratified CEDAW in 1984, it placed a reservation to CEDAW Article 11(2). This Article stipulates that countries who are party to CEDAW must introduce paid maternity or comparable social benefits which ensure that women do not lose employment, seniority or social benefits.
The Australia Government has introduced a $5000 Baby Bonus and is currently actively considering paid maternity leave models and may in the future review Australia's reservation to Article 11(2).
Women serving in direct combat roles
The Australian Government also maintains its reservation to the application of Article 11 (non discrimination in employment) to cover the restriction of women from serving in direct combat roles in the Australian Defence Force. The Sex Discrimination Act 1984 exempts the Australian Defence Force from operation of the Act so far as it relates to prohibition of women serving combat duties. The Sex Discrimination Regulations define combat duties as 'duties requiring a person to commit, or participate directly in the commission of, an act of violence against an adversary in time of war'.