WUNRN
Attached is the CEDAW Committtee
Working Paper C/2008/II/WP.2, 20 May 2008 - WORKING PAPER ON RESERVATIONS IN
THE CONTEXT OF INDIVIDUAL COMMUNICATIONS.
Excerpts:
"In the broader context of the
examination of the Reports of States parties, the Committee on the Elimination
of Discrimination Against Women has expressed its views and concerns regarding
the number and extent of reservations to the Convention in its General
Recommendations Nos. 4, 20, and 21.
In its General Recommendation No.21,
the Committee addressed reservations to Article 16 of the Convention. It
noted with alarm the number of States parties that made reservations to the
whole or, to part of Article 16, and required States parties to.... 'progress
to the stage where reservations, particularly to Article 16, will be
withdrawn.' "
1.
States Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a)
The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
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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."
"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."
"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."
Policy Measures (Article 2)
Marriage and Family Life (Article 16)
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Individual UN Member State/Country
Declarations and Reservations on CEDAW:
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Reservations to CEDAW |
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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. Removing reservations The Committee considers that those States parties which have entered reservations to the Convention have certain options open to them. According to the Special Rapporteur appointed by the International Law Commission to report on the law and practice relating to reservations to treaties a State party may: (a) After having examined the finding in good faith, maintain its reservation; (b) Withdraw its reservation; (c) "Regularize" its situation by replacing its impermissible reservation with a permissible reservation; (d) Renounce being a party to the Treaty. To date, few reservations to article 2 have been withdrawn or modified by any State party and that reservations to article 16 are rarely withdrawn. The role of the Committee The Committee has certain responsibilities as the body
of experts charged with the consideration of periodic reports submitted to
it. The Committee, in its examination of States' reports, enters into
constructive dialogue with the State party and makes concluding comments
routinely expressing concern at the entry of reservations, in particular to
articles 2 and 16, or the failure of States parties to withdraw or modify
them.
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