Kasal, Hindi Sakal: A Deeper Look into Marriage and the CEDAW
Marriage is a significant milestone in a person’s life. It is a union that goes beyond a simple “yes” at the altar. It is a commitment that should be entered into freely and with full consent. This principle is enshrined in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which guarantees the right to freely choose marriage, found a family, and leave a marriage.
In the Philippines, societal pressures often push individuals into marriage due to outdated traditions or beliefs. Phrases like “Oh buntis ka na, dapat pakasal ka na!” or “Ikakasal kayo ng anak ng kumpare ko, gusto mo man o hindi!” are unfortunately still heard in some communities. It is important to remember that everyone deserves a life built on consent and equality. Child marriage, in particular, is strictly prohibited.
The International Bill of Rights of Women
Known as the International Bill of Rights of Women, CEDAW was adopted by the United Nations in 1979 and took effect on 3 September 1981. The Philippines signed the CEDAW on 15 July 1980 and ratified it on 5 August 1981, becoming the first ASEAN country to do so. As of May 2015, the Convention has been ratified by 189 states.
The Philippines also ratified the Optional Protocol to the CEDAW on November 12, 2003. This established two mechanisms that enable women to seek redress for violations of CEDAW through the communication procedure and the inquiry procedure.
CEDAW’s Impact on Women’s Rights
CEDAW is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women’s rights to acquire, change or retain their nationality and the nationality of their children.
The Convention 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 fields.”
Foundational Principles of the CEDAW Convention
The CEDAW Convention is built on three foundational principles: non-discrimination, state obligation, and substantive equality.
Non-discrimination is integral to the concept of equality. The Convention seeks to eliminate discrimination against women in all fields and spheres, and holds both state and non-state actors accountable in the case of violation of rights.
State obligation embodies the elements of respect, protection, promotion, and fulfillment of human rights. It also upholds the concept of due diligence which demands ensuring the prevention, investigation, and sanctioning of private acts of discrimination. The legislature, executive, and judiciary organs of government are responsible for the fulfillment of all state obligations.
Substantive equality acknowledges the negative female stereotypes and seeks to eliminate discrimination at the individual, institutional, and systemic levels through corrective and positive measures including enabling conditions and affirmative actions. It seeks to correct imbalance and focuses on achieving “equality of outcomes” by ensuring equal opportunities, access, and benefits for women.
The Philippines’ Role in the Creation of CEDAW
Aside from ratifying the CEDAW, the Philippines can be credited for creating its first working draft through Dr. Leticia Ramos-Shahani, who was working as a diplomat at the Department of Foreign Affairs at the time. Dr. Ramos-Shahani sought the support of Russian delegate Tatiana Nikolaeva for the CEDAW draft, famously earning the ire of then Foreign Affairs Secretary Carlos P. Romulo. The CEDAW draft was successfully adopted as the basic working paper.
In conclusion, marriage should not be a form of bondage but a union entered into freely and with full consent. The CEDAW plays a crucial role in ensuring this by protecting women’s rights and promoting equality. It is our collective responsibility to uphold these principles and work towards a society where everyone can live a life built on consent and equality.