AN EVALUATION OF THE RELIGIOUS AND CULTURAL RESERVATIONS TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Abstract

The Convention on the Elimination of all Forms of Discrimination Against Women 1979 (CEDAW) is beset with a substantial number of reservations, which is evidence of an antagonistic attitude towards the universalism of human rights. These reservations have largely been made on religious and cultural diversities that are incompatible with the core provisions of the Convention. The effect of this is that they make the overall purpose of the Convention to be defeated. This article examines the impact of the reservations and the possible justifications bordering on the debate surrounding universalism, cultural relativism, tradition and religion. The article welcomes the extension of the Convention’s tentacles into controversial aspects of states’ public and private sphere to viciously tackle existing discriminatory practices against women. The article suggests that human rights should not be subjected to the superiority of one region, culture or religion over another because it has the effect of discrediting the intention of the rights. The article concludes by advocating for intense dialogue and continuous negotiations with states, to have many of such reservations withdrawn and for the intended reality of the Convention to be achieved.