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...