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Problems
and Solutions
The Reporting
Process: The reporting process is the government's responsibility
and women are excluded from this. More often than not, the government
report is not made available to women and some States parties do
not even present reports. The reports, however, may be obtained
from the United Nations (e.g. on the website of the Division for
the Advancement of Women). While, unofficially, the CEDAW Committee
receives alternative reports from women's groups, States parties
need to be encouraged to allow for women's perspectives in their
official reports.
Reservations[1]:
The problem of reservations is critical. Article 16 which pertains
to the rights of women in the family, and article 5 which deals
with custom and culture are the most reserved articles. The provision
for reservations is considered essential to facilitate the gradual
acceptance of the full equality between men and women, but it has
been used by some States to negate the very spirit of the CEDAW
Convention. At present, there is no mechanism within the UN, to
regulate the practice of reservations or to bar reservations that
undermine the basic principles of treaties. International and national
advocacy is needed to redress this problem.
Since its inception
the CEDAW Committee has been preoccupied with the issue of reservations.
The legal opinion issued by the UN Secretariat is that neither the
CEDAW Committee nor the Secretary General has the right to consider
the compatibility of reservations and this has been a much-debated
issue in the CEDAW Committee meetings. The Committee has formulated
General Recommendation 4 which expresses concern at the significant
number of substantive reservations.
The CEDAW Committee
does not underrate the significant challenge that reservations to
the substantive provisions pose to its work and the objectives of
the CEDAW Convention. At the same time, it sees the pattern of reservations
as a manifestation of this treaty's significance as an instrument
of change. Even reserving States are brought within the monitoring
system and their performance in advancing the condition of women
is subject to external scrutiny.
Nevertheless,
according to a 1995 report by the CEDAW Committee, it was rather
encouraged by the number of withdrawal of reservations where States
parties decided that reservations were not necessary or where steps
had been taken by the States in order that their obligation under
the CEDAW Convention could be fulfilled.
Interpretation
of articles: The interpretation of the articles is left to the
State and this can result in narrow definitions of rights, and analysis
of problems and remedies. Often there is a very weak application
of the articles. There has to be a sharper articulation of the content
of the articles and the action that needs to be taken within the
framework of the CEDAW Convention. Women have to take on this role.
Since within the system, there is provision for the CEDAW Committee
to formulate General Recommendations to give broader meaning to
the articles, this can be used to develop jurisprudence in relation
to the convention. Women could also give feedback to the CEDAW Committee
regarding the topics on which General Recommendations need to be
developed and as well as suggestions on the substance.
Indicators:
There are no clear indicators of the successes which are the outcome
of the implementation of the CEDAW Convention. How is State action
in this regard evaluated? There is a need to develop indicators
of fulfilment of State obligation and the development of an adequate
database through which the implementation of the convention can
be monitored. Women have to get involved at the local level in all
these activities.
[1]
Source: UN Division for the Advancement of Women 1995 Report by
the Committee on the Elimination of Discrimination against Women.
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This
page was last updated on July 25, 2003
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