Cedaw

INTRODUCTION * Number of State parties to the CEDAW. Number of States exercising their right of reservation. Subsequent withdrawals. * State Parties to the Optional Protocol to the CEDAW. * Has been argued that provisions of the CEDAW are formulated in very general and ambiguous terms resulting in policy statements or expressions of intention rather than concrete legal obligations. OBJECT AND PURPOSE (PREAMBLE OF CEDAW) * Preamble states the object and purpose of treaty. Generally regarded as too long and does not particularly concentrate on Purpose of convention rather language is that of a political declaration. * General statements in the preamble make its contents vague and this is transferred into the substantive provisions of the convention. * Requirement of Equality of genders and imposes on State Parties an obligation to use means to achieve this. * Wording of the CEDAW not like other HR treaties like the CERD article 4 which declare acts illegal and prohibits them… MECHANISM OF ENFORCEMENT * Reporting procedure. * Many have written about the weak character of the enforcement procedure. * Committee has no powers similar to those of other HR treaty monitoring bodies e.g. fact-finding, consideration of complaints etc. * Insufficient time for the consideration of reports (2 weeks per year). * Optional Protocol allows for individual complaints. RESERVATIONS * States which do not agree with some provisions can join the treaty with certain reservations. * Can potentially deprive the States’ participation and even threaten the content of the Convention. * Definition of Reservation. * Striking a balance universality / integrity of treaty vs. divergent consents of States. * The two theories of Reservations in International Law. * Object and Purpose Test * Permissibility of Reservations according to Vienna Convention RESERVATIONS TO HR TREATIES * State Obligations not towards other States but usually towards the citizens and other individuals of the State itself. * Role of reciprocity diminished in HR treaties. * Should there be a different / new regime to HR treaties' * How to deal with Incompatible reservations' * How to ensure widest possible acceptance of certain provisions despite existing disagreements. LOOKING AT COMMON CEDAW RESERVATIONS * Article 2, 9, 15 and 16 * Article 2 considered to be core provision of Convention. * Reasons and motives behind the reservation EFFECTS OF THESE RESERVATIONS * Acceptance or rejection of reservations by other states. * Effect of Convention between States in light of the reservation. * Applicability and entry into force of the Convention. * Unspecified Reservations create doubts as to the commitment of the reserving state to the convention therefore undermining treaty law SOLUTION / TACKLING THE PROBLEM * Optional Protocol individual complaint procedure. * Validity and legal effect of reservations to the Convention in the context of reservations to other HR treaties. * Introducing a procedure on reservations to the Convention * Procedures for the supervision of the implementation and compliance of the CEDAW (inquiry procedure article 8 Optional protocol) * Improve situation through Committee’s recommendations, suggestions and comments. * Monitoring bodies to determine nature of reservations and reasons behind and improve State party commitment under the convention.