Ideological Language Curbed Under International Pressure—Final Document of the UN Commission on the Status of Women

The outcome Document of the 70th session of the UN Commission on the Status of Women (CSW70) serves as one of the most important global reference points for policies on women’s rights. The Commission on the Status of Women is a body operating within the United Nations Economic and Social Council (ECOSOC), and its annual sessions bring together representatives of Member States, international organizations, and numerous expert communities and non-governmental organizations. One of the Commission’s key outcomes is the so-called “Agreed Conclusions”—documents that are not legally binding, yet set the direction for legislative and policy action at the national and international levels. The most recent CSW session took place in New York in March of this year. The meeting was attended by representatives of Ordo Iuris.

The priority theme of CSW70 was ensuring and strengthening access to justice for all women and girls. The final document emphasizes that effective access to justice is a prerequisite for the enjoyment of all other human rights. It is also noted that women around the world continue to face numerous barriers—from discriminatory laws, through social stereotypes and economic inequalities, to the effects of armed conflicts and humanitarian crises.

The document makes extensive reference to existing instruments of international law, such as the principal human rights conventions, as well as the Beijing Declaration and Platform for Action. In this context, it is emphasized that states should take action to eliminate all forms of discrimination and ensure equal access to the institutions of the justice system. Particular emphasis is placed on the need to review and amend national legal systems, including provisions concerning family law, property, and the labor market.

An extensive part of the document addresses the prevention of violence against women. The need to develop comprehensive systems to prevent violence, effectively prosecute perpetrators, and provide support for victims is highlighted. Attention is paid to violence in both the private sphere (e.g., domestic violence) and the public sphere, including digital violence and violence related to armed conflicts. The document also emphasizes the need to ensure access to appeals, compensation, and legal protection mechanisms.

Recommendations regarding institutional reforms are also an important element. States are called upon to strengthen the independence of the judiciary, ensure access to legal assistance, and establish coordination mechanisms among various institutions—from law enforcement to the social welfare and health care systems. The importance of taking the “gender perspective” into account in the legislative process and in the conduct of public policy is also emphasized.

The document contains references to the so-called sexual and reproductive health and rights, which are formulated by reference to previously agreed international documents, in particular the International Conference on Population and Development Programme of Action (ICPD) and the Beijing Declaration. This means that the CSW70 document does not introduce a new definition of these terms, but instead references existing provisions. In practice, this concept primarily refers to access to health care in the area of reproductive health, including perinatal care, support for pregnant women, infertility treatment, and access to health information. At the same time, there is no universally recognized right to abortion in international law, and deriving the concept of so-called sexual and reproductive health and rights from the texts of these documents, in a manner that would encompass such a right, has not been the subject of consensus among states and remains a politically contested issue.

The document also envisions a significant role for civil society. It is noted that civil society organizations—including organizations working for women’s rights, youth organizations, trade unions, and feminist groups—should participate in legislative processes and in the implementation of public policy. At the same time, compared to the previous draft, direct references to the systemic funding of feminist movements have been reduced.

The final version of the CSW70 document has largely maintained the direction seen in the preliminary draft, but it was partially modified during negotiations. References to the so-called sexual and reproductive health and rights have been retained (although they appear twice in the document, whereas in the draft they were present three times), which means that the most controversial demands have not been removed, despite the objections of some states. At the same time, the document’s language in this regard has not been further strengthened. Compared to the draft, overt ideological emphases have been reduced—in particular, the aspect of directly supporting feminist movements through systemic and long-term funding is less prominently featured (in the draft the term “feminist groups” appears as many as four times, whereas in the final document only once), while provisions supporting organizations working for women’s rights remain. The final document focuses more on issues of access to justice, combating violence against women, and strengthening public institutions. However, no new references to the protection of the family, motherhood, or life were introduced, as had been advocated by some states and social groups.

This year’s session had a distinctive character also because of how the negotiations unfolded. The document was adopted by a vote—an exceptional situation in the Commission’s history, where consensus is the norm. The disputes primarily concerned the scope of references to sexual and reproductive rights and to other ideological issues. Ultimately, 37 countries supported the document, 6 abstained, and the United States voted against it.

“The adoption of the document by a vote shows how deep the divisions among states are today regarding the interpretation of human rights standards. From the perspective of international law, it is significant that instruments such as the outcome document of the 70th CSW session remain non-binding, and their practical significance depends primarily on whether and how states decide to implement them in their legal systems,” notes Julia Książek of the Ordo Iuris Center for International Law.

See also:

• Increasingly Strong Voice of Conservative Groups at the UN: Ordo Iuris at the Session of the Commission on the Status of Women