- (b) provides in Art 5 further obligations for signatories to take all appropriate measures to:
modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women
- and to ensure
the recognition of the common responsibility of men and women in the upbringing and development of their children.
- (c) refers in Articles 6-16 to specific areas where States are to take all appropriate measures to address discrimination against women and/or ensure equality between men and women, including in political and public life (Arts 7 and 8), education (Art 10), work (Art 11), healthcare (Arts 12 and 14(2)(a)), economic and social life (Art 13), law (Art 15) and in marriage (Art 16);
- (d) creates in Art 11(2)(a) a specific obligation to prohibit
dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status
- being an obligation which is notable for the fact that it is addressed to a certain kind of sex-based discrimination rather deploying the general concept of discrimination against women.
170 Articles 17–22 of CEDAW establish an independent committee for the purpose of considering the progress made in the implementation of the Convention (the CEDAW Committee). Under the Optional Protocol to CEDAW (1999), which Australia acceded to in 2008, the Committee may receive communications from individuals or groups who claim their rights under the CEDAW have been violated. Where certain conditions are met, the Committee may consider the claim and communicate its views and recommendations to the affected state signatory. For completeness, Arts 23–30 of CEDAW are mechanical provisions related to its signing and operation.
171 The question of whether CEDAW creates obligations for signatories that go further than addressing discrimination against women as compared to men, and achieving formal equality between men and women, was considered by the Full Court of this Court in AB v Registrar of BDM. The Court was required to consider whether implementation of CEDAW could support a legislative prohibition of discrimination on the basis of marital status, where that discrimination affected men and women equally. The appellant in AB v Registrar of BDM had challenged a decision by the Victorian Registrar of Births, Deaths and Marriages to refuse to
