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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 webmasterna cs.athabascau.ca This page was last modified on March 16, 1999. 10 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