Critique of Convention on the Elimination of all Forms of Discrimination Against Women

Critique of Convention on the Elimination of all Forms of Discrimination Against Women

PREAMBLE

The Preamble begins well with the linkage of women's rights to human rights. The international community reflects various levels of equality for women, and the need to address discriminatory practices against women goes without question. How best to do this can be open to debate. In a document such as CEDAW, it is important to discern if a broad perspective is given and to assure that clarity prevents any hidden social agendas.

A reference is made in the preamble about "the establishment of the new international economic order based on equity and justice." This order is not defined and leaves one wondering what is meant.

The preamble calls for "general and complete disarmament, and in particular nuclear disarmament under strict and effective international control." Not everyone would agree that the world is ready for "general and complete disarmament," regardless of how much that might be desired. And, one would question whether nation states would submit to "strict and effective international control" of their national security measures.

The preamble also advocates for the "maximum participation of women on equal terms with men in all fields." Does this assure a woman's choice, or mandate the choice of many women? Are we talking quota, in all fields?

While earlier UN documents supported particular protection for mothers, thereby acknowledging the importance of their role upon society, this document stresses that"the role of women in procreation should not be a basis of discrimination but the upbringing of children requires a sharing of responsibility between men and women and society as a whole." While the paragraph containing this statement begins by mentioning the importance of the contribution of the mother to the welfare of the family and the development of society-it ends by implying that it really isn't all that significant after all, and another social construct will do just as well.

The preamble concludes by emphasizing that "change in the traditional role of men as well as the role of women in society and in the family is needed." Who defines those changed roles? Not everyone would think they are needed.

PART 1 - ARTICLE I

Article I identifies "discrimination against women" as anything that curtails the "enjoyment" of women's rights in all arenas, on an equal basis with men. But, in actuality, both men and women are deprived of some measure of enjoyment by the necessity, and privilege, of responsibility. Accepting curtailment of personal enjoyment for friends, family and society creates a personal fulfillment that selfserving will never bring.

ARTICLE 2

The various points under Article 2 advocate for legislation, sanctions (when deemed appropriate) and for other measures to assure the complete elimination of any discrimination against women. Such strong enforcement from an outside source may prove more invasive than acceptable by most member states. While discrimination against women should most certainly be ended, total violation of national sovereignty is a high price to pay.

ARTICLE 3
Article 3 unabashedly moves the enforcement of this treaty beyond just member states and its agencies into enforcement againstpersons, organizations or enterprises. This is incredibly intrusive! Only countries who do not follow the rule of law anyway would want to sign onto this type of agreement.

ARTICLE 4
Allows for temporary legislative action to accelerate equality for women. Qualification, either physical or ability-based, does not appear to be a factor here.

ARTICLE 5
Advocates for a new social construct of the family-"modifying the social and cultural patterns of conduct of men and women." By whom? To what? This article also categorizes maternity as a "social function."

ARTICLE 6
This is a good article-advocating the elimination of sex trafficking.

PART I I

ARTICLE 7
Presses for involvement of women in all arenas of political and public life of the country.

ARTICLE 8
Addresses women's participation at international levels.

ARTICLE 9
Deals with nationality rights.

PART III

ARTICLE 10
Pertains to the right of women to equality in education. A good article.

ARTICLE 11
This article deals with the woman's right to employment, and the protection of employment privileges. While there are no glaring problems in this article, for member countries who already have existing human rights and work rights in place, this seems intrusive.

ARTICLE 12
This article speaks to the elimination of discrimination in the area of health care and maternity care.

ARTICLE 13
Covers such areas as family benefits, loans and participation in sports and cultural events.

ARTICAL 14
This article addresses the rights of women in rural areas. The ensured rights are so far-reaching they translate out into privileges that farmers would envy.

PART IV

ARTICLE 15
Women's rights under the law are addressed in this article. No doubt, the rights of women under the law should be the same as that of men.

ARTICLE 16
This article addresses the rights of the women in marriage and family relations. The reference to reproductive choice and spacing of children should take into consideration the cultural and religious practices of member states.

PART V

ARTICLE 17
Addresses the formula for the creation of the 23-member CEDAW committee. Considering the formation of an international committee to monitor member-nations on any issue (women's rights or other) is rather alarming for those who are accustomed to national sovereignty and to those who live under a democratic, representative government. Those under distatorships might sign on, but would continue to act in autonomy.

ARTICLE 18
This addresses the requirements of the member states to report to the Committee regarding compliance.

ARTICLE 19
The Committee adopts its own rules of procedure and elects its officers.

ARTICLE 20-22
Additional guidelines for the Committee.

PART VI

ARTICLE 23-30This section deals with general legislative process.

 

 

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