Unlocking the potential of the OP-CEDAW

There are a growing number of individual decisions under the OP-CEDAW. At this formative stage, it is important to consider to how to unlock the potential of the OP-CEDAW. The first section of this article argues for dual purposed decisions that resolve the individual claim and develop CEDAW. Through a case study on the decisions under Article 12 of CEDAW (equal access to health care), the second section demonstrates that without an analytical framework the decision misses assessing crucial elements of the claim. An analytical framework would allow the Committee to systematically analyze the individual decision and provide a sophisticated tool to ensure that the decisions develop women’s rights. The third section of the article uses the definition of discrimination in Article 1 of CEDAW to develop a sophisticated accountability framework. The decision should analyse 1) has there been a distinction, exclusion or restriction? 2) is the distinction based on sex or gender? 3) (i) does the distinction impair the right in question and 3(ii) is the impairment on the basis of equality? Using the Teixeria decision the article demonstrates how the proposed framework can create persuasive decisions develop CEDAW and women’s equal right to health