What is OP-CEDAW?
Text of OP-CEDAW
Signatories and States Parties
Becoming a States Party
Administration
Communications Procedure
Inquiry Procedure
Practical Application
OP-CEDAW Remedies

Remedies: Communications Procedure

Remedies: Inquiry Procedure

Sample Recommendations

The Impact of Recommendations

Influencing Impact of Recommendations

 

Conflict between laws

 

Complexity of recommendation

 

Political will

 

Civil society publicity/advocacy

Relevant Case Law
"Our Rights are Not Optional"
FAQs

 

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Political Will

The internal politics of a States party can strongly influence the domestic implementation of the CEDAW Convention and any recommendations of the CEDAW Committee. Politicians in government or in opposition, in opting to either champion the cause of women's rights or to highlight other areas within the State for the focus of political debate, influence public awareness on certain issues. Where the human rights of women is given priority within a States party, a recommendation from the CEDAW Committee can achieve maximum attention, and thereby impact, both from government and civil society. Where consciously or otherwise, governments or politicians do not identify women's human rights as an area meriting attention, the likelihood is that the subject will either be less topical in civil society or will be downplayed or ignored by those in power.

The importance governments allocate to their reputation on the international stage is further likely to influence the impact of recommendations made by the CEDAW Committee under the OP-CEDAW. Where some States parties are conscious of the need to be seen by the international community to uphold the provisions of international conventions and/or to prioritise the promotion human rights nationally, others will be less concerned. States that place importance in international repute may be keen to be seen to take their obligations seriously, and therefore more prepared to act on the recommendations of the CEDAW Committee. Others may be less concerned at the negative publicity generated by flouting of international obligations and recommendations.

The economic situation in a States party may also be a factor to consider. Non-remunerative remedies or those which do not require the allocation of State funds, particularly in the world's poorer countries, may be more palatable to governments concerned about the impact the recommendation might have on the exchequer. This may be particularly pertinent where recognition of the remedy, and thereby the violation of a right or rights, has the potential to open the floodgates to other claims of a similar nature.

It is important to note however that changes in government or political policy do not affect the obligations of the States party under the CEDAW Convention. A new government is not entitled to decide that the convention, which was ratified by a previous government, no longer applies. State obligations transcend changes in government and remain unchanged.



This page was last updated on November 1, 2003

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