CEDAW, Compliance, and Custom: Human Rights Enforcement in Sub-Saharan Africa

66 Pages Posted: 28 Apr 2016

See all articles by Angela M. Banks

Angela M. Banks

Sandra Day O'Connor College of Law, Arizona State University

Date Written: 2009

Abstract

This Article examines treaty body compliance discourse through an examination of the CEDAW Committee’s jurisprudence related to sub-Saharan Africa. Drawing on the constructivist literature and the sociological framing literature, Part I of this article introduces adoption and adaptation as key features for domestically enforcing treaty obligations. Part I also introduces the CEDAW Committee compliance discourse framework. Through the issue of married women’s property rights in Rwanda and Uganda, Part II demonstrates the challenges of implementing the adoption and adaptation process with a circumscribed collaboration approach. Drawing on the constructivist and sociological insights regarding the adoption and adaptation process Part III critiques the CEDAW Committee’s compliance discourse’s circumscribed approach to collaboration. The Committee’s emphasis on awareness-oriented programmatic reforms without an appreciation for customary legal officials as an important resource in the adaptation process minimizes the effectiveness of domestic enforcement mechanisms.

Suggested Citation

Banks, Angela M, CEDAW, Compliance, and Custom: Human Rights Enforcement in Sub-Saharan Africa (2009). Fordham International Law Journal, Vol. 32, 2009, Available at SSRN: https://ssrn.com/abstract=2771302

Angela M Banks (Contact Author)

Sandra Day O'Connor College of Law, Arizona State University ( email )

Mail Code 9520
111 E. Taylor Street
Phoenix, AZ 85004-4467
United States

HOME PAGE: http://www.angelamariebanks.com

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