Document 2

The Women’s Parliament

Ending Violence Against Women/Claiming Women’s Economic Independence A Women’s Bill of Rights

 

This Women’s Parliament held in Cambridge, England on Thursday 8 December 2022 during the United Nations 16 Days to End Violence Against Women, in the shadow of United Nations acknowledgement that every eleven minutes, an intimate partner or family member kills a woman or girl, and that when killing by strangers or non-intimate partners or family members is included, every five minutes a man kills a woman or girl somewhere in the world:

 

1. Stands together with the United Nations Secretary General in the initiative UNiTE by 2030 to End Violence against Women, and with the UN marking the 16 Days under the theme “UNiTE! Activism to end violence against women and girls”.

 

1. Calls upon all governments – national, devolved, and local - to take a leading role in ending violence against women, going beyond empty words and shibboleths to targeted, practical programmes designed to work towards changing the dynamics that underpin violence against women in all its forms.

 

1. Demands that all governments – national, devolved and local – and the private sector recognise concretely and effectively their responsibility and role in ending violence against women, particularly but not only in administration, business and employment practices which elevate male-dominant perspectives and conduct, seen most readily in sexual and sexist harassment, discriminatory appointments and promotions, organisation of the workplace into ‘male’ and ‘female’ jobs, and failure to address the pay gap and the pensions gap to ensure equal pay and equal pension or superannuation rights for women.

 

1. Recognises that the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) outlaws both direct (unequal treatment) and indirect (‘equal’ treatment) discrimination between women and men in all aspects of life, including in education and training; employment; facilities, goods and services; accommodation; membership and activities of clubs; administration of laws and programmes; and the media, and that unless and until the provisions of CEDAW are fully and effectively implemented, by introducing a Women’s Bill of Rights, violence against women in all its forms will continue without a real, effective chance of being ended.

 

1. Notes that CEDAW was signed by the United Kingdom in 1981, ratified by the United Kingdom in 1986, the Optional Protocol agreed to by the United Kingdom in 2004, with ratification committing the government to advance, protect, promote and fulfil the human rights of women under all circumstances, including ending violence against women, the United Kingdom thereby giving an undertaking to incorporate the principles and provisions of CEDAW fully and effectively into domestic law.

 

1. Observes that despite this commitment and undertaking, legislative recognition by domestification is not yet realised and there remains no full and effective legislative provision nor substantive equality in practice between women and men in the United Kingdom today, in the absence of which women remain vulnerable to violence, including predatory and coercively controlling conduct at home, at work, in education and in public places including public transport, in accommodation and provision of services.

 

1. Notes that violence against women is worsened by disastrous austerity measures introduced in 2010 and added to by successive governments, including the present government’s budgeting, particularly but not only in relation to soaring energy costs, impacting particularly upon working-class women, women with a disability, Black and minoritised women, older and younger women so that few if any women are not differentially impacted by these measures rendering them more vulnerable to violence in all its forms.

 

1. Refers to the Motion of the Women’s Parliament passed unanimously on International Women’s Day 8 March 2022, endorsing its provisions, in particular but not only by reference to the Abortion Act 1967, the Equal Pay Act of 1970, the Sexual Offences Act 2003, the Equality Act 2010, the Domestic Abuse Act 2021 which to some extent, though inadequately, provide increasing legislative recognition of the imperative to ensure equality for women and girls which lies at the base of ending violence against women but do not.

 

1. Demands recognition of women and girls’ rights to just and effective laws in principle and operating in practice to end:

 

(i)                 vilification and misogyny, rape and other sexual offences, criminal assault at home and other forms of domestic violence, marital murder and dishonour crimes, and the killing by women of a spouse or partner or former spouse or partner;

(ii)               online violence, exploitation, victimisation and abuse, stalking and all social media abuses including vilification and misogyny;

(iii)             sexual harassment, sexist harassment and bullying;

 

in all areas of life, with funding and resourcing of women’s services, including services for Black and minoritised women, trafficked and prostituted women, asylum seeking and refugee women, women with a disability and all disadvantaged groups of women, at levels proper and appropriate for care, support, protection, and advancement to independence of women, measured by reference to continuing inequality between women and men and the need for these women’s services, including specialised services, to be funded to levels that acknowledge that inequality.

 

1. Demands recruitment practices, training and governance of police and all levels of the criminal justice system and of government including national, devolved and local, be attuned to and focused on the need to eradicate misogyny and racism embodied in

 

these institutions, and that they institute programmes cognisant of and directed toward ending violence against women including sexist and sexual harassment, appointments and promotions, organisation of the workplace into ‘male’ and ‘female’ jobs, and failure to address the pay gap and the pensions gap to ensure equal pay and equal pension or superannuation rights for women.

 

1. Is concerned that all matters brought to attention by the CEDAW People’s Tribunal (21-23 June 2021) incorporated into the President’s Report, and the CEDAWinLaw People’s Tribunal on the impact of State Pension Age of Accrual for women from 60 to 65 (then 66 and more) be addressed by the United Kingdom government and insofar as the devolved authorities of Northern Ireland, Scotland and Wales have power to do so, they also address all these matters.

 

1. Recognises that while progress can be made through legislation, the trade union movement needs to bring its organised strength to bear on the government and employers to see that CEDAW is implemented and violence against women is ended.

 

The Women’s Parliament calls on:

 

(1)  The United Kingdom Parliament and the devolved assemblies of Northern Ireland, Scotland and Wales insofar as the devolved assemblies are able to do so:

 

(i)    To acknowledge and honour the demands and concerns of this Women’s Parliament referred to at paragraphs 1-11 hereof by implementation to end violence against women and girls, and to advance women’s economic independence, and

(ii)   Where paragraphs 1-11 refer to the private sector, police, the criminal justice system and institutions, take steps to ensure their implementation, including by -

(iii) Transposing the provisions of CEDAW (including its General Recommendations) into domestic law as a Women’s Bill of Rights incorporating the provisions of the Equality Act 2010 insofar as they relate to women and girls;

(iv) Implementing the recommendations of the CEDAW President’s Report;

(v)   Ensuring effective and sustained monitoring of the implementation of the Women’s Bill of Rights and other measures adopted as set out in the President’s Report;

 

(2)  The trade union movement to support the campaign for a Women’s Bill of Rights and implementation of the recommendations of the CEDAW President’s Report, and participating by taking whatever steps it can to ensure implementation of paragraphs 1-11 hereof, working to end violence against women and girls.

 

BACKGROUND

CEDAW – INCORPORATION INTO DOMESTIC LAW

 

The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), is an international human rights treaty, in 1979 elevating to Convention Status the Declaration on the Elimination of All Forms of Discrimination Against Women. The UK signed the Convention in 1981, ratifying it in 1986 and entering into the Optional Protocol in 2004. The Convention has been implemented through United Kingdom domestic law, albeit ratification is the step by which governments make an undertaking to do so, hence the United Kingdom being under such obligation since 1986.

 

CEDAW creates a Committee (the CEDAW Committee) which oversees its operation and implementation, amongst other matters monitoring signatory states’ progress on its implementation. No United Kingdom representative has been nominated to sit on the CEDAW Committee.

 

There is no reason why CEDAW cannot be transposed into domestic law and, as noted, the United Kingdom has made that undertaking, and the delay in doing so is unconscionable.

 

Every woman and girl in the United Kingdom should be able to realise, as of right, her true potential and another 37 years cannot be allowed to lapse before action is taken by the United Kingdom consistent with its undertaking. Talking about inequality and ending violence against women without firm, concrete and comprehensive legislative enactment and implementation of CEDAW serves only to imply or create the impression that action is being taken, when whatever action there is, is manifestly inadequate.

 

This Women’s Parliament is designed to build on and contribute to the campaign to end violence against women and for a Women’s Bill of Rights to ensure that CEDAW (and its General Recommendations (GRs) is legislated and implemented domestically through the United Kingdom parliament and insofar as the devolved authorities have scope to do so, by Northern Ireland, Scotland and Wales.

 

On 16 July 2020, The CEDAW People's Tribunal was established to examine the failure to integrate CEDAW into UK domestic legislation. The Tribunal heard evidence from witnesses over 21-23 June 2021, with the President’s Report incorporating the evidence and making recommendations for domestification and associated legislative and policy implementation of CEDAW (plus GRs).

 

The CEDAW People's Tribunal evolved amid austerity and the pandemic because women's rights are being further diminished and women are suffering a disproportionate impact in both financial and social terms.

 

The lack of political representation, with only 29% women Members of Parliament in the UK, and not a single woman was initially included on the leadership team for COP 26 hosted by the UK in 2021, although one woman was added as a result of pressure from women’s groups. This means that women's voices were not clearly and fairly heard on the climate and biodiversity emergencies. This fear is not allayed by the inclusion in the COP 27 delegation of

 

the First Minister for Scotland Nicola Sturgeon and the former Prime Minister Elizabeth Truss, so that it may continue to be feared that Brexit and climate change will exacerbate the defects in the present situation relating to women and girls’ rights and the deficiencies in legislation and practice. These issues make our situation increasingly urgent.

 

The four countries of the UK are subject to policy set by the UK Parliament, to varying degrees. England is exclusively governed by the UK Government, which also retains control of core funding for ‘devolved’ matters.

 

Northern Ireland, Scotland and Wales have their own parliaments (or ‘assemblies’), which determine policy on areas at the heart of CEDAW. These include health, social care, early years, violence against women and aspects of social security. Scotland and NI also have distinct legal systems.

 

The recommendations of the SHADOW REPORT FROM THE FOUR NATIONS OF THE UNITED KINGDOM, JANUARY 2019 were that the UK and the Scottish Government should incorporate CEDAW into UK, Scots, and Northern Irish Law and that the Welsh Government should enshrine the principles of CEDAW into legislation regarding devolved matters.

 

On the 12 March 2021 it was reported that the Scottish Government has said it will adopt all 30 recommendations of a National Taskforce for Human Rights Leadership after a two-year review, including putting CEDAW into Scots law, after the May vote. This will have real and lasting impacts on the realisation of women’s rights in Scotland. There has been a setback in the decision by the Supreme Court on Scotland’s incorporation of the Convention of the Rights of the Child into Scots law1 however, this is certainly not fatal and leaves scope for Scotland and the other devolved authorities to act.

 

Substantive transformative equality for all women and girls in the United Kingdom as a whole, and Northern Ireland, Scotland and Wales insofar as they can act. This Women’s Parliament addressing violence against women and girls and the vital need for women’s economic independence can advance this cause.

 

1 See REFERENCE by the Attorney General and the Advocate General for Scotland - United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill - The Supreme Court Link Here (accessed 14 January 2022).