《消除对妇女一切形式歧视公约》的规范与实施－兼评中国的履行情况

The Norms of the Convention on the Elimination of All Forms of Discrimination against Women and Its Implementation-Furthermore Comments on China's Implementation of the Convention

邹晓巧(Zou Xiaoqia)

《人权研究》 3期 (2020/12) Pp. 73-86

摘要

妇女人权是妇女作为人而享有的自由平等的权利，遵循“男女平等”“消除基于性别对妇女歧视”的基本原则。目前，国际社会形成了以《消除对妇女一切形式歧视公约》为主、其他核心人权公约补充支持的妇女人权保护体系。《消除对妇女一切形式歧视公约》对妇女权利进行了全面系统的规定，界定了对妇女的歧视，规定了缔约国消除对妇女歧视的具体义务，强调实现男女实质平等。其设立的消除对妇女歧视委员会在促进规范发展方面也发挥了重要作用，包括澄清《消除对妇女一切形式歧视公约》使用的措辞、将实质平等从公法领域拓展到私法领域以及强调保障农村妇女人权等。但在该公约的实施方面，歧视性法律和有害习俗仍然存在，妇女的公民权利和政治权利保障薄弱，经济、社会和文化权利保障有待提高。中国作为该公约缔约国一直认真履约，在立法、司法和执法领域取得了一系列成果，但是还需要界定清楚“对妇女的歧视”，加强宣传教育，促进对农村妇女权利的特殊保护。

關鍵字

妇女人权 ； 男女平等 ； 性别歧视 ； 家庭暴力 ； 权利保障

並列摘要

Human rights for women are the rights of freedom and equality enjoyed by women as human beings, which follow the basic principles of ＂equality between men and women＂ and ＂elimination of discrimination against women based on sex and gender＂. At present, the international community has formed a human rights protection system for women which is mainly based on the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter referred to as the ＂the Convention＂) and supplemented by other core human rights conventions. The Convention has provided rights for women in a comprehensive and systematic way, defined discrimination against women, stipulated the specific obligations of States parties to eliminate discrimination against women, and required the realization of substantive equality between men and women. Its Committee also plays an important role in promoting normative development, in terms of clarifying the language used in the articles of the Convention, extending substantive equality from the field of public law to the field of private law and emphasizing the protection of the human rights of rural women. However, in the implementation of the Convention, discriminatory laws and harmful practices still exist, the protection of women's civil and political rights is weak, and the protection of women's economic, social and cultural rights needs to be improved. As a State party to the Convention, China has been conscientiously implementing the Convention, and has made a series of achievements in the legislative and judicial fields. However, it still needs to clearly define the concept of ＂discrimination against women＂, strengthen the publicity and education of laws, and promote the special protection of rural women's rights.

並列關鍵字

human rights of women ； equality between men and women ； gender discrimination ； domestic violence ； protection of rights