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Status
of reservations to the CEDAW Convention
Under the Vienna
law of treaties, reservations to specific articles of the CEDAW
Convention are permissible. This provision is there in recognition
of the fact that a State may face economic or cultural difficulties
in implementing certain obligations. In such cases, it is considered
better to allow the State concerned to become a party to the CEDAW
Convention, albeit with limited obligations, rather than exclude
it altogether. However, the law of treaties also stipulates that
a reservation that undercuts the spirit of the CEDAW Convention
may not be made. Furthermore, international jurisprudence is increasingly
of the view that a reservation has to be temporary. This means that
having made a reservation, the State has to start dismantling the
obstacles that stand in the way of implementing the reserved article.
Through the process of reservation the State is only given time
to prepare itself to take on all obligations under the CEDAW Convention.
The CEDAW Committee
in its review requires States to report on the steps they are taking
to limit the effect of a reservation, to remove obstacles and the
time frame within which the reservation will be withdrawn.
This
page was last updated on July 25, 2003
“IWRAW
Asia Pacific is an independent, non-profit, NGO in Special consultative
status with the Economic and Social Council of the United Nations.”
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