The Impact of States Parties' Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women
19 Pages Posted: 6 Oct 2014
Date Written: October 5, 2014
Abstract
This article examines the prevalence of reservations to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and how they may impact the implementation of the treaty. Many states have become parties to the treaty without truly obligating themselves to achieving the goal of equality for women. Rather, reservations purport to allow states to become parties in name only, while not requiring crucial changes in the country’s laws or society’s practices.
The article briefly explains the concept of reservations under treaty law as applied to CEDAW. It then examines how states use reservations to CEDAW for various ends. The article uses Singapore to illustrate multiple possibilities: first, as a state that entered a broad reservation, showing how states may drastically limit the requirement to make true progress in women’s rights; second, as a state that partially withdrew its reservation, demonstrating the potential impact of pressure from the Committee on Elimination of Discrimination against Women (the Committee) and advocacy groups that rely on CEDAW to push for reforms; and finally, as a state that nonetheless maintained a not-insignificant reservation, perhaps exemplifying the use of CEDAW reservations for political ends. The complex history of Singapore’s reservation practice allows for multiple interpretations, making it a useful example.
The article is based on the author's presentation at the Symposium on Whether the U.S. Should Become a Party to the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (November 7-8, 2013), sponsored by the Michigan State University College of Law Lori E. Talsky Center for Human Rights of Women and Children and the Michigan State Law Review.
Keywords: women's rights, human rights, international law, international human rights, treaty ratification, treaty reservations, United Nations, UN treaties
JEL Classification: K33
Suggested Citation: Suggested Citation