Women's Human Rights Resources Database

 

Your search for the subject "CEDAW Convention" found 35 records.

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1
Burrows, Noreen, The 1979 Convention on the Elimination of All Forms of Discrimination Against Women, 32 NETHERLAND INTERNATIONAL REVIEW, 419-60 (1985).

This article is devoted to an analysis of the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (the "Women's Convention"). The author places the Women's Convention in the context of United Nations efforts to establish a body of human rights law. The article draws parallels with other international conventions in the human rights field and analyses the meaning and importance of the various articles. The author argues that, in many ways, the Convention overlaps with existing international conventions but in certain important respects it goes beyond the protection offered by them.

2
Byrnes, Andrew, The "Other" Human Rights Treaty Body: The Work of the Committee on the Elimination of Discrimination Against Women, 14 YALE JOURNAL OF INTERNATIONAL LAW, 1-67(1989).

"Despite broad support for the Women's Convention, the Convention and the Committee have attracted considerably less attention than the other human rights treaties and their respective committees among those active in the field of international human rights. The women's rights community and, to a lesser extent, the human rights community, have made efforts to integrate women's rights issues into the human rights agenda, but progress has been slow. The purpose of this article is to fill some of the informational void about CEDAW by reviewing its work, to identify the major problems and challenges facing the Committee, and to suggest ways in which it can be more effective."

3
Byrnes, Andrew, Bath, Eleanor, Violence against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women Recent Developments, 8(3) OXFORD HUMAN RIGHTS LAW REVIEW, 517-533 (2008).

This article examines three cases decided under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP), two of which concerned domestic violence, and the third of which dealt with forced sterilization. The cases illustrate the Committee's position on the obligation of due diligence to prevent and punish violence against women, as well as its position on reproductive choice and admissibility.

Andrew Byrnes & Eleanor Bath, Violence against Women, the Obligation of Due Diligence, and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women  Recent Developments (2008) 8:3 Oxford Human Rights Law Review 517.

4
Byrnes, Andrew, Connors, Jane, Enforcing the Human Rights of Women: A Complaints Procedure for the Women's Convention, 21(3) BROOKLYN JOURNAL OF INTERNATIONAL LAW, 679-797. (1996).

"In recent years, calls have been made, particularly from within the non-governmental organization community, to strengthen the mechanisms which currently exist for the protection and enforcement of the human rights of women. One of the demands made is that the Women's Convention be strengthened by the addition of a complaints mechanism, in the form of an optional protocol, which would allow individual women to bring complaints before the Committee on the Elimination of Discrimination Against Women. Moves to elaborate a complaints procedure for the Convention have gained considerable momentum over the last few years and the eventual adoption of an optional protocol incorporating such a procedure seems likely. In this article we examine the background to demands for such an optional protocol and its desirability and feasibility. We consider the major legal issues that might arise in the elaboration of such a protocol and the form it might take. We also review current proposals for such a protocol." [Article Abstract.] [Please Note: An Optional Protocol to the Women's Convention was adopted by the General Assembly in 1999 and came into force in December 2000.]

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5
Chen, Mai, Protective Laws and the Convention on the Elimination of All Forms of Discrimination Against Women, 15 WOMEN'S RIGHTS LAW REPORTER, 2-36 (1993).

"Part I of this article gives a brief description of the Women's Convention and explains the confusion over what protective laws it allows, and the significance of that confusion. Part II determines whether the Convention should have included provisions allowing different treatment laws for women. Concluding that different treatment laws are essential for the achievement of gender equality, Part III discusses whether a rational principle can be established which distinguishes between beneficial and detrimental types of protective laws. Part IV analyzes the specific articles of the Convention that allow, or require, protective laws, and determines whether these provisions can be interpreted consistently with the principle formulated in Part III to distinguish beneficial from detrimental protective laws. Part V focuses on the Women's Committee's stance on protective laws and the changing practice of states and international organizations concerning protective laws. Finally, Part VI provides a case study of protective laws in New Zealand which reflects the trend towards revising and repealing protective laws. It also provides a study of the most controversial protective covenant, ILO Convention No. 89, concerning Nightwork of Women in Industry." [Article Abstract.]

6
Cook, Rebecca J, Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, 30 VIRGINIA JOURNAL OF INTERNATIONAL LAW, 643-709 (1990).

"The thesis of this article is that the object and purpose of the Women's Convention are that states parties shall move progressively towards the elimination of all forms of discrimination against women and ensure equality between men and women. Further states parties have an obligation to provide the means to move progressively toward this result. Reservations to the Convention's ubstantive provisions pose a threat to the achievement of this goal. Because states parties have an obligation to move progressively towards fulfilment of the objects and purposes of the Convention, reservations that contemplate the provision of means towards the pursuit of this goal will be regarded as compatible with "the object and purpose of the treaty". Similarly, any reservation that contemplates enduring inconsistency between state law or practice and the obligations of the Women's Convention is incompatible with the treaty's object and purpose." [Article Abstract.]

7
Corrin, Jennifer Care, Negotiating the Constitutional Conundrum: Balancing Cultural Identity with Principles of Gender Equality in Post-Colonial South Pacific Societies, 5 INDIGENOUS LAW JOURNAL, 51-81 (2006).

This article explores the conflict between Indigenous customary law in the island states of the southwest Pacific and constitutionally enshrined human rights banning gender discrimination. The author argues that while some Pacific island states have ratified or acceded to written frameworks for the protection of gender equality rights through documents such as CEDAW, in practice, South Pacific nations have not upheld their obligations. The author discusses the status of women in South Pacific nations, illustrating the generally patriarchal customary norms in traditional societies. The author uses case law to demonstrate the difficulties women face in South Pacific customary and formal legal systems. The article concludes with suggestions for addressing the gender power imbalance in the court system.

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8
Cusack, Simone, Gender Stereotyping in Rape Cases: The CEDAW Committee's Decision in Vertido v The Philippines, 11(2) OXFORD HUMAN RIGHTS LAW REVIEW, 329-342 (2011).

This article examines both the strengths and the weaknesses of the CEDAW committee's decision in Vertido v The Philippines. Vertido is the Committee's leading decision on gender stereotyping. The case concerns the impediment that gender stereotypes can present to securing convictions for rape and sexual assault. The salient points of the case include the Committee's decision to frame the issue as the Philippines' legal liability for stereotyping in a rape trial; and the Committee's application of the obligations to eliminate wrongful gender stereotyping, under articles 2(f) and 5(a), to the right to a fair trial.

Simone Cusack & Alexandra S H Timmer, Gender Stereotyping in Rape Cases: The CEDAW Committee's Decision in Vertido v The Philippines (2011) 11:2 Oxford Human Rights Law Review 329.

9
Donner, Laura A, Gender Bias in Drafting International Discrimination Conventions: The 1979 Women's Convention Compared with the 1965 Racial Convention, 24 CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL, 241-54 (1994).

"This article explores the weakness of the Women's Convention as compared to the Racial Convention, focusing on areas in which these two discrimination conventions differ. These variations include the respective Conventions' preambles, definitions of discrimination, implementation mechanisms, reservations regime, and provisions for state responsibilities. This article asserts that the inadequate provisions and mechanisms in the Women's Convention, especially as compared to its model the Racial Convention, reveal a lower priority for women's rights that can be attributed to the type of discrimination the Convention claims to prohibit." [Article Abstract.]

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10
Evatt, Elizabeth, Finding a Voice for Women's Rights: The Early Days of CEDAW, 34 GEORGE WASHINGTON INTERNATIONAL LAW REVIEW 515-553 (2002).

This article is part of a series reviewing the first ten years of the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention). It focuses on some of the difficulties the Convention and the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW Committee) have faced and the steps taken to overcome these problems in order to become a respected and effective tool in the pursuit of women's rights. The article pays tribute to those who fought to have women's rights included on the UN agenda and who drafted the 1979 Women's Convention. The article is divided into three parts: Part I discusses the history, functions and composition of the Women's Convention and the CEDAW Committee; Part II the developing jurisprudence of the CEDAW Committee under Article 21 of the Convention and with regard to gender-based violence; and Part III concludes with how international law can be made to work for women.

11
Evatt, Elizabeth, Eliminating Discrimination Against Women: The Impact of the UN Convention, 18 MELBOURNE UNIVERSITY LAW REVIEW, 435-49 (1991).

This article describes the operation of the Committee on the Elimination of Discrimination Against Women (CEDAW). It shows the limitations that inhibit its effectiveness and suggests measures which might improve its potential. Recent proposals to develop a new international instrument to deal with violence against women are used to illustrate these themes.

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12
Freeman, Marsha, Byrnes, Andrew, Brautigam, Christine, Compliance with the International Rights of Women, 91 AMERICAN SOCIETY OF INTERNATIONAL LAW PROCEEDINGS, 377-94 (1997).

This article is the published record of an American Society of International Law panel discussion held in April 1997. The panelists were Marsha Freeman (International Women's Rights Action Watch), Andrew Byrnes (University of Hong Kong), and Christine Brautigam (United Nations Division for the Advancement of Women), with remarks from Theresa Loar (U.S. Department of State). They addressed compliance under the CEDAW Convention, the development of an Optional Protocol to the Convention, and mainstreaming a gender perspective in the work of the United Nations treaty bodies. [Descriptors: Applying Human Rights Law - International, CEDAW Convention, International]

13
Gilchrist, Heidi, The Optional Protocol to the Women's Convention: An Argument for Ratification, 39 COLUMBIA JOURNAL OF TRANSNATIONAL LAW 763-783 (2001).

This article examines the significance of the Optional Protocol in securing the human rights of women. It starts by looking at the Convention on the Elimination of All Forms of Discrimination against Women (the Women's Convention) and the rights secured by it. The author then turns to the articles of the Optional Protocol and examines these provisions whilst comparing them to the existing individual complaints procedures used by the other major treaty bodies. The final sections of the article detail existing mechanisms for monitoring compliance with the Women's Convention and discuss why the Optional Protocol is essential in the pursuit of securing women's rights internationally.

14
Gómez Isa, Felipe, The Optional Protocol for the Convention on the Elimination of all Forms of Discrimination against women: Strengthening the Protection Mechanisms, 20 (1) ARIZONA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 291-321 (2003).

This article presents a very brief historical overview of the different stages through which women's rights have passed at the international level. Special attention is given to the Convention on the Elimination of all Forms of Discrimination Against Women, adopted in 1979 by the General Assembly of the United Nations. The main focus is the elaboration of an Optional Protocol to this Convention. The Protocol aims to strengthen the mechanisms that exist to protect the rights of women at the international level. The author reviews the obstacles and difficulties confronted to give greater enforcement mechanisms to CEDAW.

15
González Martínez, Aída, Human Rights of Women, 5 WASHINGTON UNIVERSITY JOURNAL OF LAW AND POLICY 157- 188 (2001).

This inaugural presentation delivered by the Chair of the CEDAW Committee reviews the status of the rights of women under different human rights instruments, their actual condition, and the development of the work of CEDAW. She argues that the equality of men and women in all spheres of life cannot be fully achieved through mere signature, ratification, or accession to an international treaty. However, international human rights law could be an effective instrument for the promotion of social and political awareness of women's issues throughout the globe, which is also conditioned on the degree of social advancement, education, and information in each country. To that end, a conscientious campaign of information and education is essential.

16
Hillock, Rebecca, Establishing the Rights of Women Globally: Has the United Nations Convention on the Elimination of All Forms of Discrimination Against Women Made a Difference?, 12 TULSA JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW, 481-514 (2004-2005).

This author takes the stance that human rights of women can only flourish within a democratic society. This reasoning is used to explain how Egypt, which has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), has not made significant progress in terms of women's rights, while the United States, which has not ratified the Convention, has made progress in the area of women's rights. Because Egypt's laws are infused with Islamic Law (Sharia), the author argues, women cannot and will not receive equal treatment in Egypt despite the CEDAW. [CEDAW Convention - International]

17
Hoq, Laboni Amena, The Women's Convention and its Optional Protocol: Empowering Women to Claim their Internationally Protected Rights, 32 COLUMBIA HUMAN RIGHTS LAW REVIEW 677-726 (2001).

The adoption of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) marks a significant movement in the quest to advance international women's rights. The author argues that the Women's Convention has a weak and indirect means of enforcement, and that the Optional Protocol can help supplement the current enforcement mechanisms by offering a new avenue through which to monitor violations by State Parties of their Convention obligations. The role the Protocol can play as a norm-transforming instrument is however both highly contingent on the domestic facilitation of a woman's right of complaint as well as the limitations within the Protocol itself. Nonetheless, she argues that instruments such as the Optional Protocol can help women lay the foundation for a deeper respect for international women's rights and help achieve their universal application.

18
Johnston, Kerensa, Maori Women Confront Discrimination: Using International Human Rights Law to Challenge Discriminatory Practices, 4 INDIGENOUS LAW JOURNAL, 19-69 (2005).

This article discusses internal and external discrimination faced by Maori women in New Zealand and processes in international law available to those who wish to challenge discriminatory laws and practices. A concise explanation of the pre-colonial and post- colonial interpersonal relationship of Maori women precedes the authors discussion of legal remedies to discriminatory practices, which focus on the Optional Protocol procedure and the Womens Committee in the context of the Mana Wahine Claim. The author concludes that it may be appropriate for Maori women to use international law processes to obtain an effective remedy against external discrimination. The article cautions, however, that international law processes are inappropriate to remedy internal discrimination. Internal discrimination is better remedied through complex processes involving a re-examination of Maori principles and practices from Maori womens perspectives.

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19
Keller, Linda, The Convention on the Elimination of Discrimination Against Women: Evolution and (Non)Implementation Worldwide, 27 THOMAS JEFFERSON LAW REVIEW, 35-44 (2004-2005).

This article discusses the potential of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to be a powerful tool of gender equality. The author laments, however, the weakening of the Convention when states have the option of holding reservations to provisions that would necessitate substantial changes to their national laws and/or cultural norms. [CEDAW Convention - International]

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21
Lahey, Kathleen, International Transactions, Taxation, and Women: the Critical Role of Gender Analysis, 42 UNIVERSITY OF BRITISH COLUMBIA LAW REVIEW, 363-417 (2010).

This paper examines the intersection between international economic and tax laws and gender impact analysis, beginning with a discussion of womens realities: unpaid work, higher rates of poverty, lack of power, and constrained ability to accumulate investment capital. The author assesses CEDAW and other international documents to emphasize that eradication of gender discrimination is an ongoing commitment. She then focuses on the steps Canada has taken to implement mainstreaming gender equality at the federal level. The author concludes with an identification of the roles international organizations, such as World Bank and OECD, might play in improving the gender analysis of international taxation.

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22
Mayer, Ann E, Islamic Reservations to Human Rights Conventions. A Critical Assessment, 15 RIMO. Recht van de Islam: Human Rights and Islam, 26-45 (1998).

In this article, a variety of Islamic reservations to CEDAW and the Convention on the Rights of the Child that have been entered by Muslim countries are discussed and compared. The author concludes that after having encountered many criticisms that were directed at Islamic reservations, some Muslim countries have reacted by formulating or rewriting reservations in ways that that are meant to disguise the nature and scope of the discriminatory policies behind their reservations. The result is that the purport of the reservations will likely be unclear to persons not already familiar with the treatment of women in the legal systems involved. The author finds that although states are growing more reluctant to stipulate that Islamic law stands in the way of adhering to human rights, this does not mean that they are actually rethinking substantive policies that conflict with human rights.

23
Neuwirth, Jessica, Inequality Before the Law: Holding States Accountable for Sex Discriminatory Laws Under the Convention on the Elimination of All Forms of Discrimination Against Women and Through the Beijing Platform for Action, 18 HARVARD HUMAN RIGHTS JOURNAL, 19-54 (2005).

This article first outlines international standards preventing discrimination on the basis of sex and provides examples of laws in force around the world that are either facially or de facto discriminatory. Then the author highlights how the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) committee has dealt with evasion of obligations under CEDAW, highlighting Algeria and Nepal. Implementation of the Beijing Platform for Action is discussed in light of its impact on CEDAW, namely spurring state objections to others states' reservations to CEDAW. The author concludes that the creation of a Special Rapporteur would help to close the gap between the rhetoric and reality of women's equality rights. [CEDAW Convention - International]

24
Rebouche, Rachel, Labor, Land, and Women's Rights in Africa: Challenges for the New Protocol on the Rights of Women, 19 HARVARD HUMAN RIGHTS JOURNAL, 235-256 (2006).

This article outlines the shortcomings of previous treaties and programs created to address human rights issues, focusing specifically on women's rights in Africa. It examines the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. The author describes the creation of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa . The author argues that the drafters of the Protocol have failed to adequately address labour and land issues that women face in Africa. She then asserts that in order for women in Sub- Saharan Africa to have economic security, their rights as landowners must be affirmed. Finally, the article describes reform measures that have been undertaken in parts of Africa to address women's land and labour rights, and also discusses the likelihood of these measures having an overall positive impact on the economic rights of women.

Rachel Rebouché, Labor, Land, and Women's Rights in Africa: Challenges for the New Protocol on the Rights of Women (2006) 19 Harv Hum Rts J 235.

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25
Riddle, Jennifer, Making CEDAW Universal: A Critique of CEDAW's Reservation Regime Under Article 28 and the Effectiveness of the Reporting Process, 34 GEORGE WASHINGTON INTERNATIONAL LAW REVIEW 605-638 (2002).

The Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) has been ratified with reservations by more states than almost any other human rights treaty. This article discusses the reservations regime under international law and explains how such approaches have been used in contemporary multilateral treaties, such as the Women's Convention (Part II). Part II also addresses recent discussions that have take place at the international (the Human Rights Committee) and the regional (the European Court of Human Rights) levels over the effectiveness of the traditional reservations regimes. Part III analyzes traditional and current approaches to this regime, focusing in particular on the Women's Convention and the failure of this reservations system to protect the integrity of the Convention. The article concludes with some suggestions for how the reservations regime can be reviewed in order to ensure the Women's Convention is not undermined.

26
Riggin, Jessica, The Potential Impact of CEDAW Ratification on U.S. Employment Discrimination Law: Lessons From Canada, 42(2) COLUMBIA HUMAN RIGHTS LAW REVIEW, 541-611 (2011).

Although CEDAW has been under consideration in the U.S. for the past twenty-five years, the U.S. has not ratified the Convention. This article examines how a ratification of CEDAW could affect U.S. employment law. The author outlines the history of CEDAW in the U.S. Using Canada, where CEDAW has been ratified, as a case study, the article explores how the Convention might affect the U.S. employment discrimination law. In particular, it focuses on four areas: equal opportunity, pay equity, marital and pregnancy protections, and sexual harassment. The article discusses how the interaction between the CEDAW Committee and Canada has influenced Canadian legislation and initiatives. It also notes how CEDAW ratification can offer support and guidance to legislators, employers and advocates. In discussing how CEDAW ratification may affect U.S. employment discrimination law, the article addresses the criticisms CEDAW has received in the U.S. The author concludes that there is potential to further the commitment to gender equality and reform in the U.S. through CEDAW ratification.

Jessica Riggin, The Potential Impact of CEDAW Ratification on U.S. Employment Discrimination Law: Lessons From Canada (2011) 42:2 Colum HRL Rev 541.

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27
Ritz, Kerri L, Soft Enforcement: Inadequacies of Optional Protocol as a Remedy for the Convention on the Elimination of All Forms of Discrimination against Women, 25 SUFFOLK TRANSNATIONAL LAW REVIEW 191-216 (2001).

This article argues that the Convention on the Elimination of All Forms of Discrimination Against Women (the Women's Convention) has proven ineffective in ending gender discrimination. Consequently, the United Nations recently adopted an Optional Protocol to remedy the Convention's ineffectiveness. Despite introducing an individul right of petition, the article argues that the Optional Protocol will not, however, rectify the problems of the Women's Convention because the terms of the Optional Protocol encompass the same provisions as CEDAW, thereby allowing countries to continue discriminating against women. While the Optional Protocol will eliminate some of the discrimination against women (as th Women's Convention has done to some extent) it will not achieve the United Nations' goal of ending all gender discrimination around the world.

28
Roth, Brad R, The CEDAW as a Collective Approach to Women's Rights: Dueling Fates: Should the International Legal Regime Accept a Collective or Individual Paradigm to Protect Women's Rights? Symposium Article, 24 MICHIGAN JOURNAL OF INTERNATIONAL LAW 187-225 (2002).

This article was written as part of the Michigan Journal of International Law Symposium that posed the question whether "the international legal regime should accept a collective or individual paradigm to protect women." The article identifies the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR). Part I contrasts the ICCPR and the Concevention on the Elimination of All Forms of Discrimination against Women (the Women's Convention). Next, the author interrogates the concepts of individualism, collectivism, and the premise of human rights (Part II) and positive liberty and the objects of choice (Part III). Finally, the author puts forward some theories as to how we can achieve a collective commitment to a feminist conception of the good.

29
Roure, Jodie G., Domestic Violence in Brazil: Examining Obstacles and Approaches to Promote Legislative Reform, 41(1) COLUMBIA HUMAN RIGHTS LAW REVIEW, 67-98 (2009).

This article provides an overview on the legal and social changes relating to domestic violence in Brazil, occurring as a result of international human rights law and the women's movement in Brazil. The author uses a case study of Brazil to exemplify how international bodies and international law can be used to assist in improving women's rights. She provides a discussion of the Brazil's treatment of domestic violence, as well as the obstacles to women's rights, prior to its CEDAW ratification. The article also discusses how women's rights groups in Brazil used CEDAW, the UN and the Inter- American Commission of Human Rights to pressure for legal change and support. In particular, it looks in-depth at the establishment of women's police stations and Brazil's first criminal domestic violence legislation, the Maria da Penha Law.

Jodie G Roure, Domestic Violence in Brazil: Examining Obstacles and Approaches to Promote Legislative Reform (2009) 41:1 Colum HRL Rev 67.

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30
Sokhi-Bulley, Bal, The Optional Protocol to CEDAW: First Steps, 6 HUMAN RIGHTS LAW REVIEW 143-159 (2006).

This author reasons that the Optional Protocol (OP) to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has significantly increased the Committee on the Elimination of All Forms of Discrimination Against Women's powers of monitoring and enforcing state obligations under CEDAW. This article summarizes the first actions taken by the Committee under the OP: two individual communications in 2004-2005 (B.J. v. Germany and A.T. v. Hungary) and one inquiry in 2004 (Report on Mexico). The author concludes that the OP is essential in strengthening protection mechanisms for women's human rights but is inadequate because it does not have compelling sanctions and penalties for non-compliance with obligations under CEDAW and decisions made by the Committee following a communication or inquiry. [CEDAW Convention - International]

31
Southard, Jo Lynn, Protection of Women's Human Rights Under the Convention on the Elimination of All Forms of Discrimination Against Women, 8 (1) PACE UNIVERSITY SCHOOL OF LAW INTERNATIONAL LAW REVIEW, 1-90 (1996).

This article is a feminist interpretation of the Convention on the Elimination of All Forms of Discrimination against Women (the Women's Convention). It sets out to examine the ability of universalism to protect and promote women's human rights and analyzes the ability of liberal equality to accomplish the realization of women's human rights. The author classifies the Women's Convention as being grounded in liberal political theory and on the side of universalism in the wider universalist/relativist debate. Part I sets out the main aspects of the universalism/relativism debate taking place under international human rights law, analyzes the differences between equality and equity as theories for realizing women's human rights, and discusses the various schools of feminist legal theory. Part II serves the dual function of outlining the position of women's human rights prior to the implementation of the Women's Convention and discussing its place in international law. In Part III the author turns to theory, providing a feminist analysis of the Women's Convention according to its key substantive provisions and highlighting the androcentric foundation of the Convention. Finally, Part IV calls for a greater inclusion of women in deciding their own fate and an equitable view of women's human rights and outlines a series of recommendations to make this happen.

32
Ulrich, Amanda, Can the World's Poorest Women Be Saved?: A Critical Third World Feminist Analysis of the CEDAW's Rural Women's Economic Rights and Alternative Approaches to Women's Economic Empowerment, 45 ALBERTA LAW REVIEW, 477-500 (2007).

This article argues that a re-examination of international conventional and treaty law concerning the protection and equality of women is necessary, given that globalization has tended to further economically marginalize women. The author poses two reasons why CEDAW has failed women economically and suggests that its economic articles pertaining to rural women could benefit from a Third-World Feminist Analysis (TWFA). The author critiques CEDAW using a TWFA from the point of view of women in the rural Indian village of Masure. The article concludes with three possible solutions for the improvement of womens economic situation where CEDAW has failed to protect womens economic rights in the new global economy.

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33
Welch, Claude E, Human Rights and African Women: A Comparison of Protection Under Two Major Treaties, 15 HUMAN RIGHTS QUARTERLY, 549-74 (1993).

One strategy for dealing with the problem of discrimination against women in Africa has been through state ratification and enforcement of treaties that establish internationally applicable standards of performance for the ratifying states and obligate those states to submit regular reports for public scrutiny and expert comment about steps they have taken or should take. This paper addresses the issue of the effectiveness of these agreements and reports in affecting the generally inferior status of women in Africa. In particular, have the establishment and functioning of the African Commission on Human and People's Rights and the Committee on the Elimination of All Forms of Discrimination Against Women significantly ameliorated the obstacles African women confront? The answer this paper suggests is "not yet", however, the weaknesses of these international regimes should not lead us to overlook their potential significance as one of the many means of diminishing the sexual inequalities that characterize Africa and, for that matter, the rest of the world.

34
Wotipka, Christine Min , Ramirez, Francisco O. , World Society and Human Rights: An Event History Analysis of the Convention on the Elimination of All Forms of Discrimination Against Women, (2003)

This article starts by explaining ratification rates by time span and region, as well as rates of reservation to particular provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Then the authors argue that nation-states are not autonomous entities but rather constructed from and influenced by world models of progress and justice set forth as universalistic scripts for authentic nation-statehood. The authors hypothesize that mechanisms through which nation-states are influenced by the broader world include world meetings and conferences, policy emulation, their embeddedness in the broader world, their level of modernization, and nation-state dependency on more powerful actors. All of these factors are argued to favour ratification of CEDAW. Using event history analysis the authors found that the first three of the hypothesized mechanisms had some support, while the last two did not. [CEDAW Convention -International]

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35
Zwingel, Susanne, From Intergovernmental Negotiations to (Sub)national Change: A Transnational Perspective on the Impact of CEDAW, 7 INTERNATIONAL FEMINIST JOURNAL OF POLITICS 400-424 (2005).

As the first international instrument to correct the gender-blindness apparent in other human rights instruments, CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) has encouraged global discourse about gender inequality. The author contends that it has provided a connection between rhetoric on women's rights and the diverse realities of women's lives and spurred communication between government and NGO actors, particularly IWRAW (International Women's Rights Action Watch). It is argued that CEDAW began as a regime following intergovernmental logic but has been strengthened through its transformation into a transnational implementation network. [CEDAW Convention - International]


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