United States’ tryst with CEDAW

Heralded as a leading nation and a big daddy, one of the worlds’s most industrialised nations,

the Unites States of America has not ratified the Convention on Elimination of All Forms of

Discrimination against Women (CEDAW) and without ratification the U.S is not bound by its

provisions.

Constituted in the year 1979 by the United Nations General Assembly, it is often described as

an ‘International Bill of Rights for Women’.

CEDAW was signed by President Jimmy Carter guaranteeing gender equity within its first

year. And in addition to Carter, two other Presidents have tried to push for the ratification and

implementation of CEDAW but in vain. Spring of 1993 saw 68 Senators signing a letter to

President Clinton asking him to take necessary steps to implement CEDAW. In 1994, the

Senate Foreign Relations Committee (SFRC) held hearings on CEDAW and recommended to

be ratified. This recommendation however came with several reservations, declarations and

understandings (RUDs). This was an initiative of the Clinton administration. The

recommendation fell flat when Senator Jesse Helms, a leading conservative and long time

CEDAW opponent prevented the vote in the Senate. In the early phase of his administration,

George W. Bush looked favourably on the ratification of CEDAW but was lobbied by

Conservatives calling the Treaty ‘anti-family’ and ‘radical’ feminist manifesto. With 12-7

vote, the Senate Foreign Relations Committee approved for the Treaty to be ratified. But it

was never sent to the Senate for advice and full consent on ratification. The Obama

administration supports ratification of CEDAW as a top priority and fully supports a Senate

action.

The International Bill of Human Rights lays down a set of comprehensive rights to which all

persons, including women are entitled. The Commission on the Status of Women (CSW) has

sought to define and elaborate on these general principles on non-discrimination from the

perspective of gender. A brainchild of the CSW, the key focus areas included the preparation

of recommendations relating to urgent problems requiring immediate attention in the field of

women's rights with the object of implementing the principle that men and women should

have equal rights, and the development of proposals to give effect to such recommendations.

Also known as the women’s equality treaty, CEDAW provides countries guidelines on how

to protect and promote the progress of women. By ratifying CEDAW, countries have

committed to end the gender bias and implement suitable domestic laws that would end

discrimination against women in all forms. It is the only international instrument that

comprehensively acknowledges women’s rights within political, civil, cultural, economic and

social life. The Convention is the only human rights treaty that affirms the reproductive rights

of women. It targets at culture and tradition as influential forces in the formation of gender

roles and family relations.

The status of human rights for all in the U.S was reviewed by UN Member States at the

Human Rights Council (HRC) in a process known as the “Universal Periodic Review”. The

U.S government submitted an official report along with stakeholder information to bring to

for the issues that need addressing. It was one of the last opportunities to pressure the Obama

Government to meet international human rights obligations. Recommended by participating

member states, CEDAW’s ratification gained unanimous consent from all stakeholders.

Opposition for CEDAW stems from conservative groups who believe that it will challenge

the laws of U.S and threaten the social and religious thread that holds the country together.

Besides undermining traditional family values, those against ratification believe that it would

go against the free market system if the concept of ‘equal pay for equal work’ is recognised.

Backed by religious right, Home School Legal Defence Association and Concerned Women

for America believe that CEDAW would negate parental rights and create a possible ‘back

door’ for ERA (Equal Rights Amendment) Feminists.

By not ratifying CEDAW, the United States walks hand in hand with countries like Iran,

Somalia, Sudan, and South Sudan.

Pluralistic countries like Malaysia have used CEDAW to give their women the choice to opt

out of a system of personal law that might discriminate against them shows the relevance and

importance of the Treaty.

To circumvent the State’s unwillingness to ratify CEDAW, the ‘Cities for CEDAW’

campaign was launched to push cities to pass laws to eliminate gender bias. San Francisco

and Los Angeles are currently the only two cities to have passed an ordinance with regard to

CEDAW.

It is also pertinent to note that the U.S played an important role in drafting CEDAW. An

Republican woman, a Nixon appointee, Patricia Hutar, persuaded the United Nations to draft

CEDAW. President Ford sent a bipartisan delegation comprising of accomplished American

women to Geneva so as to help draft the initial text of CEDAW. It is to be noted that Hutar’s

skill as a negotiator was critical in persuading Communist countries in approving the Treaty.

The U.S ranks 65 in the wage equality for similar work according to World Economic Forum.

The United States ranks in the bottom half when it comes to the percentage of women

representation in national parliaments. Although women participation is highest in the

Congress now, it still accounts to only 19.4% when the total female population is 51%.

Amnesty International has also recommended that the U.S should ratify CEDAW and use it

to promote women’s human rights worldwide. It has even released a paper debunking the

various myths that have thwarted any effort to ratification.

The objective of this paper is to analyse the reasons why CEDAW has not been implemented

in a country like United States which is rather peculiar and calls for study. U.S remains the

only democracy in the world to have not ratified CEDAW. The researcher would like to

analyse the reasons and procedural aspects which have pushed aside any effort of ratification.

The role of politics and morality- the nexus between the two and the way it has worked in

tandem to prevent CEDAW’s implementation is another issue the researcher would like to

address.

Tanushree Arvind

Roll no : 73

IIIrd year

B.A, LL.B (hons)