Reservations

What if the CEDAW Convention article claimed to have been violated is one that is reserved by the State party?

When a State party has entered a reservation to an article of the CEDAW Convention – thereby indicating that it does not consent to be bound by the obligation contained in that article – a communication based on a violation of such an obligation will generally be considered inadmissible.

Even so, historically, the CEDAW Committee has been vocal about reservations that it deems contrary to the object and purpose of the convention. Where a communication is based on an article reserved by the State party, and the CEDAW Committee considers that reservation to be contrary to the object and purpose of the convention, it may consider it appropriate to treat the obligation as binding on the State party, regardless of the reservation. Essentially then, it is not for the author of a communication to apply the impact of a certain reservation. Rather, it is for the CEDAW Committee to decide on its relevance or appropriateness.

Moreover, there is no limitation to the number of articles that can form the basis of a communication. While a communication might fail if based on one article which has been reserved, a communication based on several articles can continue to be considered with reference to the non-reserved articles. This is important to bear in mind when applying articles that overlap in their content or effect. See also Practical Application of the CEDAW Convention.