A Conditional Promise
| Published date | 01 September 1994 |
| Date | 01 September 1994 |
| DOI | 10.1177/016934419401200303 |
| Subject Matter | Part A: Article |
A Conditional Promise
Myriam.Jacobs"
Abstract
One
of
the majorproblems regarding the Convention on the Elimination
of
All
Forms
of
Discrimination against Women seems to be the issue
of
substantial reservations through
which States Parties can exclude themselves from the treaty obligations. In this article the
author tries to analyze the reasoning behind the reservations in order to initiate the
discussion about universality
of
human rights
of
women.
I Politicisation of the UN Convention on Women
The hallmark of the
UN
Convention on Women would appear to have become the large
number of substantial reservations 1made to it.2The International Convention on the
Elimination of All Forms of Discrimination against Women (referred to hereafter as the
Convention on Women), which was adopted by the General Assembly of the United
Nations on 18 December
1979/
entered into force on 3 September 1981. Twelve and a
half years later, 130 States Parties" have ratified and acceded to the Convention and more
reservations' have been entered to it than to any other human rights convention.6
Reservations enable States Parties to alter or exclude the effect of one or more provisions
of a convention within their territory. This possibility is an instrument to maximise the
number of States Parties; it enables them to change the legal consequences of parts of the
Convention under certain conditions." But it also creates the danger that the very essence
of a convention may be undermined. This is particularly true when a convention does not
set a criterion for the admissibility of reservations.
The author is working with the Ministry of Social Affairs and Employment, Directorate for International
Affairs, European Integration Division, TheHague, The Netherlands. This article expresses the individual
opinion of the author.
Asubstantial reservation excludes the State Party concerned completely from the treaty obligation that is
set out in the article
of
the convention to which the reservation was made.
The lion's share of reservations entered to other human rights conventions affect articles that regulate the
settlement of disputes between States Parties (e.g. in thecase of the Convention on the Elimination
of
All
Forms of Racial Discrimination). This is in marked contrast to the Convention on Women, in which case
reservations have been entered to fundamental articles.
Resolution UN Gen. Assembly 34/180; 130 votes in favour, none opposed and 10 abstentions.
Since 23 August 1991 this has included the Netherlands.
See generally Rebecca J. Cook, 'Reservations to the Convention on the Elimination of All Forms of
Discrimination Against Women', in: Virginia Journal
of
International Law, Volume 30,
No.3,
Spring
1990.
In total, 40
of
the 130 States Parties have made 90 substantial reservations.
Cf
the International Covenant
on Civil and Political Rights has 125 States Parties, 17 of which have made reservations, and the
International Covenant on Economic, Socialand Cultural Rights has 128States Parties, 15
of
which have
made reservations.
Insofar as a convention itselfmakes no provision for reservations, the rules of the Vienna Convention of
the Law
of
Treaties are applicable. This Convention determines that reservations are permissible unless
the reservation concerned is prohibited by the treaty (Article 19(a) of the Vienna Convention of the Law
of
Treaties) or the treaty provides that only specified reservations, which do not include the reservation
in question, may be made (Article 19(b» or the reservation is incompatible with the object and purpose
of the treaty (Article 19(c».
271
To continue reading
Request your trial