State Obligation and the Convention on the Elimination of All Forms of Discrimination against Women

125 Pages Posted: 19 Jul 2007

See all articles by Andrew C. Byrnes

Andrew C. Byrnes

University of New South Wales (UNSW) - Faculty of Law; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Maria Herminia Graterol

Australian Human Rights Centre

Renee L. Chartres

Australian Human Rights Centre

Date Written: July 19, 2007

Abstract

The interpretation of the content of the obligations of a State party to a human rights treaty is a critical step in working towards the implementation of the human rights guaranteed by the treaty. The last twenty years have seen significant developments in thinking about the nature of the State's obligations under human rights treaties; these have been partly the result of the extensive practice under those treaties and have contributed significantly to the elaboration of that practice.

Based on a background paper prepared for an expert group meeting on the subject, this paper explores the nature, scope and content of obligations under the Convention on the Elimination of All Forms of Discrimination against Women, in particular the general obligations contained in the Convention, against the background of a decision by the treaty's monitoring body, the Committee on the Elimination of Discrimination against Women, to elaborate a general recommendation on that subject. It draws on the text of the Convention, as well as on the extensive practice under it and under other UN human rights treaties. The outcome document of the expert group meeting, and relevant material from the practice of the other treaty bodies, appear as Annexes to the paper.

Keywords: Human rights treaties, Women's rights, Human rights of women, United Nations, human rights treaty bodies, State obligation, State responsibility, Convention on the Elimination of All Forms of Discrimination against Women, Committee on the Elimination of Discrimination against Women

Suggested Citation

Byrnes, Andrew C. and Graterol, Maria Herminia and Chartres, Renee L., State Obligation and the Convention on the Elimination of All Forms of Discrimination against Women (July 19, 2007). UNSW Law Research Paper No. 2007-48. Available at SSRN: https://ssrn.com/abstract=1001553 or http://dx.doi.org/10.2139/ssrn.1001553

Andrew C. Byrnes (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Maria Herminia Graterol

Australian Human Rights Centre ( email )

Kensington, New South Wales 2052
Australia

Renee L. Chartres

Australian Human Rights Centre ( email )

Kensington, New South Wales 2052
Australia

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