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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