Contrary to mythmaking in some quarters, CEDAW (the Convention on the Elimination of All Forms of Discrimination against Women) does push participating governments to regulate family life and private conduct, it goes far beyond the current state of U.S. law, it is no mere hortatory exercise unlikely to affect future decisions by judges and others, it is not merely a way of pressuring countries whose record on women’s rights is inferior to that of the United States, and its force will not be rendered meaningless by the inevitable Senate declarations, reservations and understandings. [Christina Hoff Sommers, NRO; Julian Ku/Opinio Juris (“[Sommers] is certainly right that most international law scholars think the reservations have no effect and that there will be a push after ratification to get courts to recognize CEDAW and ignore the reservations.”)] More: Rachel Ryan, FrumForum.
One Comment
I’m curious as to how it can be simultaneously the case that reservations have little effect and that almost all countries other than the US have signed. Many countries, including probably most Muslim countries, don’t go nearly as far as the US in promoting equality for women, much less as far as this treaty goes. Have they signed with reservations that are unlikely to be effective?