CEDAW at 30: National Implications of U.S. Ratification for Women's Rights and Reproductive Health

Background:

On the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”), the U.S. remains notably absent from the list of 185 countries that have ratified the treaty, which promotes access to family planning and pregnancy-related care. Currently, Senate Democrats and Republicans disagree as to the effect of ratification on U.S. laws and policies. This project assessed the merits of their arguments, and the influence of the CEDAW Committee in monitoring implementation and issuing decisions under its Optional Protocol (in response to individual claims against governments). Given the Democratic majority in Congress, the prospects of ratifying CEDAW make this analysis timely and relevant.

Methodology:

I reviewed the hearing records, existent laws and policies, the CEDAW Committee's comments on States Parties reports, and all (ten) decisions issued under the Optional Protocol.

Results:

I found that (1) Democrats and Republicans had mischaracterized or misinterpreted the healthcare provision, (2) the Committee has adopted positions that may influence its interpretation of the provision, and (3) the legal analyses under the Protocol may discredit the Committee's authority in translating broad mandates into specific policy directives.

Recommendations:

Before favoring (or opposing) ratification, advocates should recognize (1) the precise legal obligations and ambiguity of the healthcare provision, and (2) the potential influence of the CEDAW Committee.

Learning Objectives:

By the end of the session, participants will be able to (1) identify substantive obligations of the government upon ratification, and (2) assess whether ratification would further reproductive health for American women.