Using the Optional Protocol to CEDAW to Promote Women's Rights and Reproductive Health

Background:

The year 2009 marks the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”), a treaty that aims to eliminate discrimination against women. CEDAW occupies a unique position by requiring access to family planning and pregnancy-related care. The CEDAW Committee is also authorized to provide guidance on implementation. The Optional Protocol to CEDAW is a separate agreement that empowers the Committee to review individuals' claims against their government, assess their veracity, and issue recommendations in response thereto. Despite the profound reach of each decision, the Committee's analyses have not been adequately scrutinized.

Methodology:

I conduct the first comprehensive assessment of all 10 decisions issued by the Committee, how it interpreted CEDAW, and the implications for pressing women's health issues.

Results:

The Committee's analyses were legally unsound, inconsistent, and arguably compromised the integrity of the interpretive process.

Recommendations:

An enhanced interpretive framework is proposed that is rooted in sound principles of international law and consistent with the unique character of the treaty. A 5-step process is formulated that draws on customary international law and the existent parameters laden in the treaty, the Protocol, and the Committee's rules of procedure.

Learning Objectives:

By the end of the session, participants will be able to (1) identify the normative basis for using international law to further women's health, (2) recognize how robust interpretive frameworks ensure consistent and legally sound analyses, and (3) advocate while being fully informed of the limitations of existent international processes.