HomeMy WebLinkAbout27- Council Office ' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Councilwoman Susan Lien Subject: Senate Resolution 237
Dept: Council Office I ,n I , I
Date: February 29, 2000 O f f V
Synopsis of Previous Council Action:
Recommended Motion:
To adopt resolution.
Signature
Contact Person: Councilwoman Lien Phone: 5222
Supporting Data Attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 7
31(phow
STAFF REPORT
The Convention on the Elimination of All Forms of Discrimination
against Woman (CEDAW) establishes worldwide commitment to
combat discrimination against women and girls. 165 countries
have ratified CEDAW. Senate Resolution 237 supports United
States ratification of CEDAW.
INFORMATION on CEDAW Page 1 of 1
INFORMATION on CEDAW
United Nations Convention on the Elimination of all Forms of Discrimination Against Women
by Barbara Roberts
CEDAW,the only United Nations'women's human rights treaty body, is responsible for
monitoring the implementation of the Convention on the Elimination of All Forms of
Discrimination against Women. The Convention, adopted in 1979, incorporates the norms
against gender based discrimination as well as all of the standards relating to women or having
particular significance for women that have been set by past human rights instruments.
CEDAW goes much further than formal equality; it mandates the removal of barriers to
substantive equality. Substantive equality requires that the actual conditions experienced by
groups and individuals be examined, an discriminatory structural barriers be eliminated.
International law has historically come from several sources: treaties and conventions; custom,
general principles of law recognized by civilized nations; and the views of expert judicial
publicists and academics. States vary to the degree to which they admit international law into
cases heard in their courts.
Although domestic law takes precedence over international conventions(and provisions for
enforcement by international bodies are weak--but nonetheless exist), Supreme Court of
Canada decisions have made it clear that Convention provisions are germane to the
interpretation of the Canadian Charter of Rights and Freedoms, Constitution Act 1982, as
enacted by Canada Act(UK) 1982, c. 11, Schedule B, and that the Charter's interpretations
should not be narrower than the equivalent provisions of human rights conventions that
Canada has ratified. Despite the paramouncy of domestic law, reference had been made to
international conventions, including C EDAW, in nearly 100 Charter cases by 1990. More
detailed information on the impact of CEDAW can be found in the Reports of Canada, of
which there are four to date. The most recent(1995)covers the period from January 1991 to
31 March 1994.
Anne Bayefsky's book, International Human Rights Law: Use in Canadian Charter of Rights
and Freedoms Litigation, Toronto: Butterworth, 1993, is an invaluable source that goes
through a number of international human rights covenants and agreements and shows how
they are reproduced,reflected in and represented in the Charter.
Reports of CEDAW and other United Nations issues related to the status of women
agreements and implementation can be obtained at Status of Women Canada.
http://www.swc-cfc.pc.ca/direct.html
Return to Dr. Oseen's page
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http://www.athabascau.ca/htmi/staff/academic/coseen/cedaw.htm 02/29/2000
COPY
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO IN SUPPORT OF SENATE RESOLUTION 237 — IN
4 SUPPORT OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS
5 OF DISCRIMINATION AGAINST WOMEN (CEDAW).
6 WHEREAS, expressing the sense of the Senate that the United States Senate
7 Committee on Foreign Relations should hold hearings and the Senate should act on the
8 Convention on the Elimination of All Forms of Discrimination Against Women
9 (CEDAW);
10
11 WHEREAS, the United States has shown leadership in promoting human rights,
12 including the rights of women and girls, and was instrumental in the development of
13 international human rights treaties and norms, including the International Convention on
14 the Elimination of all Forms of Discrimination Against Women (CEDAW);
15 WHEREAS, the Senate has already agreed to the ratification of several important
16
17 human rights treaties; including the Genocide Convention, the Convention Against
18 Torture, the International Convenant on Civil and Political Rights, and the Convention on
19 the Elimination of All Forms of Racial Discrimination;
20 WHEREAS, CEDAW establishes a worldwide commitment to combat
21 discrimination against women and girls;
22
23 WHEREAS, 165 countries of the world have ratified or acceded to CEDAW and
24 the United States is among a small minority of countries, including Afghanistan, North
25 Korea, Iran, and Sudan, which have not;
26 WHEREAS, CEDAW is helping combat violence and discrimination against
27 women and girls around the world;
28
3�3,UD
1 WHEREAS, CEDAW has had a significant and positive impact on legal
2 developments in countries as diverse as Uganda, Colombia, Brazil, and South Africa,
3 including, on citizenship rights in Botswana and Japan, inheritance rights in Tanzania,
4
5 property rights and political participation in Costa Rica;
6 WHEREAS, the Administration has proposed a small number of reservations,
7 understandings, and declarations to ensure that U.S. ratification fully complies with all
8 constitutional requirement, including states' and individuals' rights;
9 WHEREAS, the legislatures of California, Iowa, Massachusetts, New Hampshire,
10
11 New York, North Carolina, South Dakota, and Vermont have endorsed U.S. ratification
_12 of CEDAW;
13 WHEREAS, more than one hundred U.S.-based, civic, legal, religious, education,
14 and environmental organizations, including many major national membership
15 organizations, support U.S. ratification of CEDAW;
16
17 WHEREAS, ratification of CEDAW would allow the United States to nominate a
18 representative to the CEDAW oversight committee.
19 BE IT FURTHER RESOLVED, that the Mayor and Common Council of the City
20 of San Bernardino support the Convention on the Elimination of all Forms of
21 Discrimination Against Women (CEDAW); and that the Senate should act on CEDAW by
22
23 March 8, 2000, International Women's Day.
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO IN SUPPORT OF SENATE RESOLUTION 237 - IN
SUPPORT OF THE CONVENTION ON THE ELD41NATION OF ALL FORMS OF
2 DISCRIMINATION AGAINST WOMEN (CEDAW).
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
4
5 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
6 thereof, held on the day of 2000 by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10
McGINNIS
11
12 SCHNETZ
13 SUAREZ
14 ANDERSON
15 MILLER
16
17
18
City Clerk
19
20 2000. The foregoing resolution is hereby approved this day of
21
22
Judith Valles, Mayor
23 City of San Bernardino
24 Approved as to
25 Form and Legal content:
26 JAMES F. PENMAN,
27 City Attorney
By:
28