WUNRN
http://www.wunrn.com
 
CEDAW - United Nations Convention on the Elimination of All Forms of Discrimination Against Women
 
Full  CEDAW Text Link with Articles: http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
Important: Please click website Link to access subsite references.
 
IMPERMISSIBLE RESERVATIONS TO CEDAW:
 
"The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women."
 
In the text related to Reservations to CEDAW, and Impermissible Reservations:
"Articles 2 and 16 are considered by the Committee to be core provisions of the Convention."
 
"Although the Convention does not prohibit the entering of reservations, those which challenge the central principles of the Convention are contrary to the provisions of the Convention and to general international law."
 
Policy Measures (Article 2)
Marriage and Family Life (Article 16)
_________________________________________________________________
 
Individual UN Member State/Country Declarations and Reservations on CEDAW:
http://www.un.org/womenwatch/daw/cedaw/reservations-country.htm
_________________________________________________________________

http://www.un.org/womenwatch/daw/cedaw/reservations.htm
Important: Please click website Link to access subsite references.
 
UN Division for the Advancement of Women
Home About DAW Review & Appraisal CSW CEDAW Meetings & Documentation News Publications Country info Calendar
The Convention
Text
History
State Parties
Reservations
Country Reports
Meetings of States Parties
14th
13th
12th
11th

Rules of Procedure
[ A | C | E | F | R | S ]

The Committee
Members

Rules of Procedure
[ A | C | E | F | R | S ]

Current Working Methods in
[A | C | E | F | R | S]
Recent Statements
Reporting
Guidelines
General Recommendations
Country Reports
UN Entities
Optional Protocol
Text
State Parties
Rules of Procedure (Part 3) in [ A | C | E | F | R | S ]
Model Communication Form: in [ A |C | E | F | R | S ]
Decisions/Views
Sessions
39th
38th
37th
36th
35th
34th
33rd
32nd
31st
30th
29th
28th
Exceptional
27th
26th
25th
24th
23rd
22nd
21st
20th
19th
18th
17th
16th
15th
14th
13th

The Convention permits ratification subject to reservations, provided that the reservations are not incompatible with the object and purpose of the Convention. Some States parties that enter reservations to the Convention do not enter reservations to analogous provisions in other human rights treaties. A number of States enter reservations to particular articles on the ground that national law, tradition, religion or culture are not congruent with Convention principles, and purport to justify the reservation on that basis. Some States enter a reservation to article 2, although their national constitutions or laws prohibit discrimination. There is therefore an inherent conflict between the provisions of the State's constitution and its reservation to the Convention. Some reservations are drawn so widely that their effect cannot be limited to specific provisions in the Convention.

For specific reservations by country, click here.

To download a PDF version of CEDAW/SP/2006/2: Declarations, reservations, objections and notifications of withdrawal of reservations relating to the Convention on the Elimination of All Forms of Discrimination against Women, click on the preferred language link: [ A C E F R S]

Impermissible reservations

Article 28, paragraph 2, of the Convention adopts the impermissibility principle contained in the Vienna Convention on the Law of Treaties. It states that a reservation incompatible with the object and purpose of the present Convention shall not be permitted.

Although the Convention does not prohibit the entering of reservations, those which challenge the central principles of the Convention are contrary to the provisions of the Convention and to general international law. As such they may be challenged by other States parties.

Articles 2 and 16 are considered by the Committee to be core provisions of the Convention. Although some States parties have withdrawn reservations to those articles, the Committee is particularly concerned at the number and extent of reservations entered to those articles.

The Committee holds the view that article 2 is central to the objects and purpose of the Convention. States parties which ratify the Convention do so because they agree that discrimination against women in all its forms should be condemned and that the strategies set out in article 2, subparagraphs (a) to (g), should be implemented by States parties to eliminate it.

Neither traditional, religious or cultural practice nor incompatible domestic laws and policies can justify violations of the Convention. The Committee also remains convinced that reservations to article 16, whether lodged for national, traditional, religious or cultural reasons, are incompatible with the Convention and therefore impermissible and should be reviewed and modified or withdrawn.

..................................................................................

Full Text on website Link.

http://www.un.org/womenwatch/daw/cedaw/reservations.htm

 





================================================================
To leave the list, send your request by email to: wunrn_listserve-request@lists.wunrn.com. Thank you.