(/5:%:A$+"&<B% '$+/,&<$H&$+"& 23#%2-%!3" 45#%67"%68-"9/5(/5:%*3:;%():;% #.%&#@>B%#@=+:;%<5A&8*:%&=/5 '\.%P'#"&87!%6!$B;%T-60$+"&U '8*"&'*+=%$+"&=/5 687>):%&6-&>.%2B%&2/5'-%<B%S (/5:%:A$+"&<B% 6'"=%-1#/5P=/5 25-%69":%<:;%<B%S • • • • '$+/,&<$H&$+"&'"& '=+T%&64":%4Q#3:% '$+/,&<"&$+"&():;% <H&<.%P*3Q4"&Y-H& '$+/,&<$H&$+"&=<" ="=3?%6!":;%6>)"=%6!>$B%S '$+/,&<$H&$+"&23#%2-%!3" 6>CO68-":%&<3"&2"$M=/5 2=%6#3O=.%P<#%6.$M$+"&'"& 687>):%&6-&>$B%S '$+/,&<$H&$+"& $/$/#/5P?5AL=B%2=%*A>" D"<"#>"&'"& 23#%2-%!3" 67"%45#%*3:;%=/5 '"$*A*+=%6-&>$B%S 23#%2-%!3" 45#%67"%68-"9/5*3:;%!6<" '*+/,O'*3:;%'6>&$+"&=/5 *+/,&67"=%<B;% '$+/,&<$H&'E#%'!"& <#%$)#%8*:%&=/5 6>)":%>)"&>$B%S CEDAW and the right to freedom of expression The obligation for states to guarantee the right to freedom of expression and information without distinction between genders has been expanded by a requirement that states end discrimination against women under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1981). Myanmar ratified CEDAW in 1987.17 The authors of CEDAW did not intend to list every individual women’s right, but rather to ensure women can enjoy all the rights already provided for under international law. As such, while CEDAW does not mention the right to freedom of expression, its provisions are vital to women exercising this right. Since entering into force, the implications of CEDAW for freedom of expression have been clarified in detail by the treaty body responsible for the Convention, the Committee on the Elimination of Discrimination Against Women. Broadly speaking, CEDAW has five impacts on women’s right to freedom of expression and information. CEDAW firstly clarifies “discrimination against women” as any distinction, exclusion or restriction which impairs the equal exercise of rights, including civil and political rights.18 In the context of the right to freedom of expression, this establishes that impairing women’s expression on the basis of their gender is a form of discrimination and therefore a violation of CEDAW. It also establishes that in order to prevent discrimination, states must address any “distinction, exclusion or restriction” that impacts on women’s expression. The definition has been expanded by the CEDAW Committee under the concept of “genderbased violence”: violence that is directed against a woman because she is a woman or that affects women disproportionately, and that includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.19 Such violence includes actions that violate the rights to liberty and security of person, to equal protection under law, to equality in the family, and to just and favourable working conditions.20 Secondly, CEDAW places an obligation on states to end such discrimination21 both through prohibiting it22 as well as through proactively advancing women in all fields.23 The treaty establishes that the creation of temporary measures to proactively advance women should not be regarded as discriminatory towards men.24 In the context of the right to freedom of ARTICLE 19 - Censored gender: Women’s right to freedom of expression and information in Myanmar - Page 19

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