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Govt. to ensure equal rights for women

Legislation to outlaw discrimination against women is set to be tabled in the next session of Parliament, Attorney General Philip Perinchief has revealed.

He is working on Bermuda signing up to the principles of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Adopted in 1979 by the UN, it is described as an international bill of rights for women, defining what constitutes discrimination against them and setting up an agenda for national action to end it.

Senator Perinchief announced the news at a prestigious conference of some of the Commonwealth's most distinguished judges and magistrates which opened at the Fairmont Southampton resort yesterday.

"I believe that the world is at a critical crossroads for general equality and empowerment — 180 countries have ratified the convention against all forms of discrimination against women and 120 countries have a national gender action plan in place. This country is considering legislation, and I have been tasked with delivering such legislation on behalf of the Minister of Cultural Affairs," he said.

CEDAW defines discrimination against women as encompassing the political, economic, social and cultural realms. By accepting the convention, states commit themselves to undertake a series of measures to end discrimination against women in all forms, including abolishing discriminatory laws and adopting new ones prohibiting discrimination against women. The convention also provides for tribunals to be established to ensure the effective protection of women against gender-based discrimination.

Minister for Community and Cultural Affairs Wayne Perinchief told The Royal Gazette that adhering to the convention will mean changing the wording of many of Bermuda's laws — often simply by changing the word "he" to "he or she". Some of the issues the Attorney General will come up against while examining Bermuda's existing legislation could prove to be controversial ones, according to Mr. Perinchief.

He highlighted the example of the Bermuda Defence Act — currently the focus of legal action by Bermudians Against the Draft. The campaign group claims the application of the act is discriminatory because only young men are selected through random ballot for compulsory service with the Regiment, not women.

Mr. Perinchief said since it will be necessary to re-draft the legislation in the light of the convention, it would be for Cabinet to decide whether there should be a policy shift in relation to women and the draft.

"It could have an impact on that — of course it could. Do we want to be drafting women into the Regiment? Or if we then change the wording to "males and females" for instance, should there be a caveat for women?" he remarked.

Having already publically signalled his support for adopting measures to protect gay people from discrimination on the basis of their sexual orientation, Mr. Perinchief added that the move to abolish gender discrimination is just one part of a wide-ranging review of the Human Rights Act to ensure no group is discriminated against in Bermuda.

The news about CEDAW was welcomed by Kathy Harriott, executive director of the Women's Resource Centre.

"I'm sure this is needed here in many ways, because it is around the world and Bermuda is no different," she said. "I hear from women that in business the 'glass ceiling' is still there in terms of promotion and pay, so they may have some recourse with this convention. I think that in general women are not equal citizens."

Ms Harriott said at present, when women complain of harassment in the workplace the Women's Resource Centre would refer them to the Human Rights Commission. She explained that this, and discrimination in landlord-tenant disputes, is already outlawed in Bermuda but more general forms of discrimination are harder to address. She expressed hope that CEDAW may help in this respect.

The Regional and Gender Conference of the Commonwealth Magistrates and Judges Association at which Senator Perinchief revealed the news has attracted 167 delegates from 33 Commonwealth nations. Among the topics on the agenda for the event, which concludes tomorrow, are equality and the courts, gender and human rights and family and gender-based violence. It has been organised by Bermuda's Puisne Judge Norma Wade-Miller who is Regional Vice-President of the CMJA.