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Women’s rights: from bad to worse? Assessing the evolution of incompatible reservations to the CEDAW Convention

Authors :
Marijke de Pauw
Source :
Utrecht Journal of International and European Law, Vol 29, Iss 77, Pp 51-65 (2013)
Publication Year :
2013
Publisher :
Ubiquity Press, 2013.

Abstract

The Convention on the Elimination of All Forms of Discrimination against Women is the most important international human rights instrument for the protection of women's rights worldwide. It is, however, also one of the main UN human rights treaties to which the largest number of reservations has been made. As far-reaching reservations to human rights treaties are detrimental to the effective protection of human rights, this gave rise to the debate on the need to apply a reservations system to such treaties that allows for the efficient protection of their integrity. More specifically, it resulted in the severability approach and treaty bodies claiming their competence to assess reservations' compatibility. This article aims to contribute to the academic research on reservations to the CEDAW Convention, by studying the evolution of reservation-making to this human rights treaty from a comparative perspective from its entry into force until the present. Through this analysis, the article aims to identify trends and shifts in this practice over time, allowing for a more detailed assessment of the increasing number of incompatible reservations, the Committee's progress towards a more active approach on reservations, and State's increasing willingness to object to reservations they find incompatible.

Details

Language :
English
ISSN :
20535341
Volume :
29
Issue :
77
Database :
Directory of Open Access Journals
Journal :
Utrecht Journal of International and European Law
Publication Type :
Academic Journal
Accession number :
edsdoj.70247a2ca0c14f839abf25e1a11e91d0
Document Type :
article
Full Text :
https://doi.org/10.5334/ujiel.bw