The New York City Charter Revision Commission, during hearings in July 2018, heard testimonies from members of the NYC4CEDAW Act Coalition on ways CEDAW could incorporate women and gender rights in the NYC Charter. The Commission responded by including CEDAW prominently in its final report…

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CEDAW

During its second round of borough hearings, this Commission heard many comments from representatives of the NYC4CEDAW Steering Committee. Many of these commenters recommended that the City integrate provisions based on CEDAW principles into the Charter. CEDAW is an international treaty registered by the United Nations General Assembly in 1981 that has been ratified or otherwise adopted by 189 countries.¹ CEDAW establishes a definition of discrimination against women and establishes a framework to achieve gender equality and to prevent political, economic, and social discrimination, particularly discrimination relating to matters of employment, health, education, and domestic life.² The text of CEDAW does not appear to contain discrete provisions regarding the allocation of power or obligations for a local government, but instead “provides a theoretical and analytical tool to enable local governments to assess their actions through a gender lens.”³

Many commenters urged this Commission to resolve “that all city programs, all city funding, and all city employment utilize gender-based tools and techniques to assess the impact on women and gender.”⁴ More specific recommendations included adopting the methodology known as “gender 130budgeting,”⁵ focusing efforts and resources on promoting economic justice and preventing gender-based violence,⁶ and considering the proposals put forth by this Commission through the lens of CEDAW principles.⁷ Some CEDAW proponents recommended this Commission adopt an intersectional approach, recommending that this Commission “assess gender[,] race[,] discrimination[,] and equality where they converge rather than separately and address the intersection of these with other identities including but not limited to sexual orientation, religion, ability, ethnicity, nationality, class, age[,] and legal status.”⁸ In its submission to this Commission, the NYC4CEDAW Act Coalition submitted a proposal for the creation of an agency to oversee a review of City government and its governing laws to address instances of gender discrimination based on the principles of CEDAW.⁹

This Commission regards these recommendations as valuable contributions to its work, but, due to time constraints,will defer this matter for consideration by future Commissions. Because this Commission understands that many CEDAW principles are abstract and broad, future Commissions considering CEDAW should carefully review the implications of adoption of these principles, and the best methods of integrating them within the City’s existing structures and processes,prior to fashioning a proposal for voters.

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¹Convention on the Elimination of All Forms of Discrimination Against Women, U.N., https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en#1(last visited Aug. 30, 2018).

²Convention on the Elimination of Discrimination Against Women, G.A. Res. 34/180 (Dec. 18, 1979), https://treaties.un.org/doc/Treaties/1981/09/19810903%2005-18%20AM/Ch_IV_8p.pdf.

³July 31, 2018 CRC Hearing, at 35 (statement of Elizabeth Irwin, Int’l Fed. Of Bus. & Prof’l Women), https://www1.nyc.gov/assets/charter/downloads/pdf/07_31_18_charter_staten_island_hearing.pdf.

⁴See, e.g., id. at 36;July 24, 2018 CRC Hearing, at 46 (statement of Yvonne O’Neil, NYC4CEDAW Steering Comm.), https://www1.nyc.gov/assets/charter/downloads/pdf/07_24_18_NYC_Charter_Commission_Revision_Hearing.pdf.

⁵July 26, 2018 CRC Hearing, at 83-85 (statement of Yvonne O’Neil), www1.nyc.gov/assets/charter/downloads/pdf/07_26_18_CharterRevision_Hearing.pdf.

⁶July 31, 2018 CRC Hearing, at 40-43 (statement of Sevonna Brown, Assistant Exec. Dir., Black Women’s Blueprint).

⁷See, e.g., July 26, 2018 CRC Hearing, at 88-91 (statement of Sheila Katzman, Chair, NYC4CEDAW).

⁸July 31, 2018 CRC Hearing, at 23 (statement of Sheila Katzman).

⁹See E-mail from Sheila Katzman, Chair, NYC4CEDAW, to Christine Billy, Gen. Counsel, N.Y.C. Charter Revision Comm’n (Aug. 28, 2018, 15:09 EST).