“ 'Etita, kataki he ngali fu'u lahi e comment ko eni ka koe to'o hangatonu mai pe mei he peesi 'ae Center for Family & Human Rights (New York), 'aia ko e ngaahi 'uhinga ia 'oku 'ikai tali ai 'ehe pule'anga 'Amelika ke nau ratify e CEDAW. Koe faka'uhinga ia 'ae fu'u fonua poto, ma'u pa'anga moe toe mataotao koia ko 'Amelika. Faka'amu ke ako e pule'anga Tonga, kakai Tonga moe kau poupou kuikui ko eni e CEDAW mei he lau 'ae pule'anga 'Amelika.
CEDAW Reality Check
By Super User | April 17, 2013
What is CEDAW?
The United Nations adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979. Nearly every country, including those with the worst records on human rights, has ratified it. The United States, which legally protects women from discrimination, has not ratified it.
U.S. ratification would prompt other countries to live up to their commitments, proponents argue, despite the fact the worst violators do not respect America. Opponents of CEDAW assert it would be used to deny women in America basic freedoms and rights.
Some nations sign UN treaties without intending to follow them. The U.S. takes its treaty obligations seriously. It already fulfills the proper intents of CEDAW without ratifying it.
Doesn’t CEDAW just declare equal rights for women?
CEDAW is a binding treaty that forbids recognizing any distinctions between men and women. It requires conformity to this norm at all levels of a nation’s laws, from its political system, to culture, family life, schooling and even individual choices. This contradicts the U.S. Constitution’s limits on government and our federalist system.
CEDAW sets up a treaty monitoring body of 23 experts. This committee has told over 90 countries to liberalize their abortion laws. It told countries to decriminalize prostitution, redistribute wealth, impose quotas limiting women’s choices of fields of study. It has criticized religion’s influence on society and even the celebration of Mother’s Day.
Under CEDAW, countries must ensure school textbooks do not contain “gender stereotypes.” The committee has criticized countries where a high number of mothers care for their children instead of sending them to day care. It urges imposing quotas to ensure “gender balancing” in government, fields of study and the private sector. The make up of national and local governments and businesses must be half male and half female. Arguably, having two female senators from California would be a violation.
Does CEDAW mention abortion?
CEDAW is silent on abortion. Yet the CEDAW committee says abortion is in “the spirit of the treaty,”[1] re-interpreting the treaty’s text to invent a right to abortion. One interpretation of article 12 on health states, “When possible, legislation criminalizing abortion should be amended”.[2] Promoting judicial activism, countries “must also put in place a system that ensures effective judicial action. Failure to do so will constitute a violation of article 12.”
Will ratifying CEDAW change U.S. laws?
While treaties ratified by the Senate are not self-executing, they are binding on the U.S. If ratified, litigators will use CEDAW in lawsuits to change U.S. laws. The American Bar Association has created a tool kit to train activists, judges and legislators in using CEDAW. U.S. Supreme Court Justices have referenced UN treaties in their opinions.
The high courts of Argentina and Colombia have struck down abortion bans following recommendations by the CEDAW committee.
Won’t US ratification help women around the world?
Despite the considerable influence of the United States, U.S. ratification of the International Covenant on Civil and Political Rights and other UN treaties has not stopped human rights violations across the globe. Ratifying another human rights treaty, especially one so flawed, will not help the women in the world who are most in need.
The U.S. helps women in developing nations by promoting good governance, access to clean water, basic health care, education and other needs. Most women value motherhood and family as the most fulfilling aspect of their lives. These are also crucial for stable societies. CEDAW and its committee, however, denigrate these roles.
Isn’t CEDAW a way to show solidarity with women of the world?
CEDAW is more than a political statement or symbol. It is a binding treaty that challenges the U.S. Constitution and Americans’ ability to determine our laws and culture. Americans’ actions to elevate women around the globe are far more powerful than the CEDAW treaty could ever be.
Will adopting Reservations to CEDAW protect the U.S.?
Reservations, Understandings and Declarations (RUDs) can in theory clarify or exempt the U.S. from certain provisions or interpretations. But legal experts disagree about the power of RUDs to insulate the U.S. from a treaty it has committed to honor.
The legitimacy and scope of reservations to human rights treaties is a highly contested area of international law. Legal experts warn the RUDs considered for CEDAW are weak, ineffectual and likely to be ignored, especially by the CEDAW committee.
CEDAW itself states, “A reservation incompatible with the object and purpose of the present Convention shall not be permitted.” The CEDAW Committee encourages countries to pressure other countries to withdraw their RUDs.
Bottom Line:
The U.S. should not ratify CEDAW. Nations should confront the CEDAW committee when it abuses its position to exploit women’s hopes in order to push a radical agenda.
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[1] Shanthi Darian, CEDAW committee expert, statement at the Commission on the Status of Women, 5 March 2007
[2] General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), resolution 34/180 (December 18, 1979), General Recommendation 24.
View online at: https://c-fam.org/cedaw-reality-check-2/
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