expression, these provisions place an unambiguous obligation on states to prohibit anything
that prevents women from expressing themselves or accessing information on the basis of
their gender. By implication it also requires states to reform any laws and policies that have
the same effect. The provisions also require states to take proactive, temporary or “special”
measures to ensure women can and do exercise their right to freedom of expression.
Thirdly, CEDAW requires that states not only address their own discrimination against
women, but also discrimination by others.25 This includes actively seeking to modify social
and cultural barriers to equality26 and customary or traditional attitudes that often serve as
barriers to women.27 In the context of the right to freedom of expression, these provisions
place an obligation on the state not just to consider and address de jure censorship of
women for example through state policies, but also the de facto and often significant
impact of social and cultural pressures and restrictions on women’s expression and access
to information. Such consideration of the need to address outmoded practices and
procedures that inadvertently promote men was emphasised in the Beijing Platform for
Action as being the vital difference between the right and the reality for women.28 The
provisions require states to look beyond their own discriminatory practices to those of others
such as families, media companies, hospitals or civil society organisations. The CEDAW
Committee has elaborated that states should, in particular, ensure that media and
education systems overcome socio-cultural attitudes and prejudices, and respect and
promote respect for women.29
Fourthly, CEDAW places obligations upon states in a number of specific areas that directly
relate to women’s right to freedom of expression. States are required to:
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Protect women’s voices and participation in political decision-making30, including in
all legislative, judicial, executive and administrative powers, and in all aspects of
formulation and implementation of policy.31 The CEDAW Committee has elaborated
that such participation should not be complacent and tokenistic,32 and should make
decisions based on properly disaggregated33 data. 34 The CEDAW Committee also
pinpointed the particular importance of such participation in order to prevent and
mitigate conflict.35
Protect women’s voices and participation in civil society,36 including in professional
associations, women’s organisations, trade unions, community-based organisations37
and, by implication, in the media.
Ensure women’s freedom of movement38.
End discrimination against women in social and cultural life39, including women in
rural areas40, with a particular focus on eliminating stereotypes of women41, which the
Committee has explained are one of the main causes for perpetuating the ideas of
‘women’ upon which discrimination is built42
End discrimination and ensure women have equal access to education43, healthcare44,
law,45 employment46 and other economic areas47. This includes protecting women in
the workplace from sexual harassment48 and refraining from obstructing women’s
access to healthcare.49 The CEDAW Committee has elaborated that using a genderapproach to delivering work, introducing mandatory gender-sensitive training, and
enabling NGOs to monitor services50 will be necessary in order to end such
discrimination.
ARTICLE 19 - Censored gender: Women’s right to freedom of expression and information in Myanmar - Page 20