8.
At the 10th meeting, on 19 March, at the invitation of the Working Group,
two members of the Human Rights Committee made statements and responded to
questions raised by delegations with regard to the subject of justiciability.
9.
The Working Group, at the invitation of the Chairperson, first held a
general exchange of views on the question of an optional protocol to the
Convention on the Elimination of All Forms of Discrimination against Women,
followed by a systematic and in-depth exchange of views on aspects that would
need to be addressed in such a protocol, using as a basis for discussion the
elements proposed by the Committee on the Elimination of Discrimination against
Women in suggestion 7.
A.
General exchange of views
10. Support was expressed in favour of an optional protocol to the Convention
and the process initiated for its elaboration. Delegations stated their
readiness to cooperate and to participate actively in the Working Group to
achieve an effective instrument that would command the greatest possible support
and a large number of ratifications.
11. However, delegations raised several obstacles and difficulties to be
addressed in the elaboration of a protocol and put forward questions that needed
to be clarified and extensively considered in the process.
12. It was argued that an optional protocol would increase the efficacy of the
Convention, and lead to more effective protection and promotion of the human
rights of women. Such a procedure would strengthen the Convention and put it on
an equal footing with other human rights treaty mechanisms. The view was
expressed that a communications procedure could place undue attention on
individual cases, whereas situations of massive violations needed to be
addressed.
13. Many delegations pointed out that the preparation of an optional protocol
was a key element in the follow-up to the World Conference on Human Rights and
the Fourth World Conference on Women. It represented a unique opportunity to
fill procedural gaps in existing mechanisms. During its preparation, the
reasons for the low number of ratifications of other complaints mechanisms could
be assessed with a view to avoiding them in the instrument.
14. Many delegations pointed out that the question of the relationship between
the proposed optional protocol and existing mechanisms providing for a
communications procedure needed careful consideration. In that regard,
overlapping or duplication would have to be avoided; the need for streamlining
of the human rights machinery was noted. Efforts to mainstream women’s human
rights and a gender perspective into the general human rights activities were
mentioned. It was also emphasized that, while the question of overlapping and
duplication presented a challenge, it should not stand in the way of the
elaboration of such a procedure. The question of overlapping had also been
raised, inter alia, at the time of the drafting of the Convention on the
Elimination of All Forms of Discrimination against Women, and its reporting
procedure, both of which are now widely accepted.
15. The possible complementary role that a well-drafted protocol could play
within the human rights system was highlighted, especially given the wider scope
of the provisions of the Convention. The scope of other procedures and the fact
that the rights of women were not their main focus were noted. The elements
-107-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents