Convention on the Elimination of All Forms of Discrimination Against Women
Fear vs. Fact
The United States is a world leader in the promotion of women's rights, particularly in giving meaning to the principle of the equality of women and men. Nevertheless, the U.S. has not ratified the authoritative document that sets comprehensive standards on women's equality, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Although as of November 1999, 165 countries had ratified this Convention, the U.S. remains in the company of countries like Iran and the Sudan, where women's rights are in a deplorable state. In part, hesitancy to ratify this important document stems from unfounded fears associated with the implementation of CEDAW in the U.S. These fears are addressed below:
FEAR: U.S. ratification of CEDAW would give too much power to the international community with the provisions of the Convention superseding U.S. federal and state law.
FACT: As with many international agreements, countries can express "reservations, understandings and declarations" in cases where there are discrepancies between the international convention or treaty and domestic law. For the most part, U.S. law complies with the requirements of the Convention and the Convention is compatible with the principles of the U.S. Constitution. And, where any differences do exist, the Convention calls for appropriate measures to be taken to progressively promote the principle of nondiscrimination. CEDAW grants no enforcement authority to the United Nations.
FEAR: Ratifying CEDAW would authorize individuals to file an avalanche of lawsuits to enforce it.
FACT: As the treaty would be considered by the Senate it would not authorize any lawsuit not already authorized by U.S. law. Full implementation of CEDAW's standards over time could increase U.S. protections against discrimination, but this would require separate action by Congress and the Administration subject to U.S. checks and balances and consistent with all U.S. constitutional protections.
FEAR: "Discrimination" is too broadly defined in CEDAW and its implementation in the U.S. would result in unwise laws and "frivolous" lawsuits.
FACT: CEDAW's definition of discrimination includes both discrimination which is intentional and that which is the result of laws, policies, and practices which, when applied, have the impact of discriminating against women. U.S. law already governs discrimination in private and public employment, prohibiting policies and practices that unintentionally burden women greater than men. Regardless, claims in the U.S. related to sex discrimination are not subjected to the same "strict scrutiny" standards applied to claims of race discrimination. Thus, full legislative implementation of CEDAW could help to rectify these discrepancies in U.S. law over time. Because there has been no flurry of frivolous lawsuits since U.S. ratification of the UN Convention to Eliminate All Forms of Racial Discrimination (CERD), there is no reason to expect them upon U.S. ratification of CEDAW either.
FEAR: CEDAW can be used to destroy the traditional family structure in the U.S. by redefining "family" and the respective roles of men and women.
FACT: CEDAW does not, and would not, seek to regulate any constitutionally protected interests with respect to family life. Both CEDAW and the U.S. Constitution recognize the restraints of any governing authority to interfere with an individual's most basic decisions regarding family. CEDAW simply urges State Parties "to adopt education and public information programmes, which will eliminate prejudices and current practices that hinder the full operation of the principle of the social equality of women." How best to implement this obligation would be considered by the U.S. authorities consistent with the protections of the U.S. constitution.
FEAR: Implementation of CEDAW would usurp the proper role of parents in child-rearing.
FACT: CEDAW simply calls for a recognition of the "common responsibility of men and women in the upbringing and development of their children" and maintains that "the parents' common responsibility [is] to promote what is in the best interest of the child." The U.S. Constitution limits the power of government to interfere in certain private matters such as decisions by parents concerning the upbringing of their children. CEDAW implementation would not change this fact. Moreover, determining a child's "best interest" is a matter which U.S. courts consider already in extreme cases involving violence, abuse, abandonment, and neglect.
FEAR: CEDAW may discourage or eliminate single-sex schools and/or force local school districts to "gender neutralize" school textbooks and programs.
FACT: CEDAW does not require the prohibition of single-sex education, but, does encourage States Parties to support co-education as well as other types of education which may achieve the aim of educational equality. This language is particularly meant to address the needs of many countries which, unlike the U.S., have yet to develop educational programs which are accessible to both young girls and boys. In terms of its application to the U.S., CEDAW would encourage the development of equal educational material, whether taught in single-sex or mixed schools, but it does not prohibit single sex schools.
FEAR: CEDAW supports abortion through its promotion of access to "family planning."
FACT: Actually, CEDAW does not address the matter of abortion and, according to the U.S. State Department is "abortion neutral." Many countries in which abortion is illegal--such as Ireland, Burkina Faso and Rwanda--have ratified CEDAW.
FEAR: U.S. ratification of CEDAW might be used to sanction same-sex marriages.
FACT: The Convention makes clear that it is aimed only at discrimination that is directed specifically against women. A same-sex marriage claim would include a charge that both men and women who want to marry individuals of their own sex are being discriminated against. There is no provision in the Convention that would compel the U.S. Congress to pass same-sex marriage laws in order to comply.
