As we continue our series on the international Convention on the Elimination of Discrimination Against Women we focus this week on how discrimination is defined based on the convention.

The term 'discrimination', used in the Convention on the Elimination of Discrimination Against Women (CEDAW), refers to unfair treatment shown to women and girls in any area, private or public.

For the purposes of the CEDAW, the term discrimination against women means: 'Any distinction, exclusion, or restriction made on the basis of sex, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.'

In a nutshell, discrimination occurs when women and girls are denied or prevented from accessing or enjoying their basic human rights to the same extent as men and boys. Women and girls are sometimes denied their rights in certain areas of private and public life. This includes sexual and domestic violence, public, political and international participation, legal and family matters, access to health care, housing, employment and credit and sex role stereotyping (cultural practices which assign specific roles to women and girls).

Although the Jamaican Constitution states that every person is entitled to certain fundamental rights and freedoms, such as the right to life, humane treatment, personal liberty, respect for privacy and family life, and freedom of speech, regardless of race, place of origin, political opinions, colour and creed, it does notstipulate on the basis of sex.

In order for Jamaica to fully comply with the definition of discrimination under CEDAW, the word 'sex' must be included in the definition. The absence of the word 'sex' from the definition of discrimination in Section 24 (3) of the Constitution prevents a person from making a claim of discrimination on the basis of sex.

The Bureau of Women's Affairs is involved in ongoing gender-sensitive analyses to ensure that existing laws and policies do not discriminate against women, and to ensure that amendments are made to the Jamaican Constitution in keeping with international commitments.