[women-rights] CEDAW: Women's undeniable right for protection

AMNESTY INTERNATIONAL-PRESS RELEASE
AI Index: ACT 77/082/2004
3 November 2004

Amnesty International today called on governments in the Middle East and
North Africa (MENA) to respect and ensure respect of women's rights by
lifting their reservations to the Convention on Elimination of all Forms
of Discrimination against Women (CEDAW)
[http://www.hrea.org/erc/Library/display.php?doc_id=483], which aims to
protect women from violence and discrimination.

In a report entitled Weakening the protection of women from violence in
the Middle East and North Africa region published today, Amnesty
International urged these governments to bring their domestic laws in line
with international standards, including CEDAW, the main treaty devoted to
the rights of women.

"These reservations deny women the rights that CEDAW is meant to guarantee
-- including their right to protection from violence and discrimination.
They also encourage violence against women to remain sustained in law and
practice. They should be lifted and lifted now," said Mervat Rishmawi,
Deputy Director for the Middle East and North Africa Programme at Amnesty
International.

The report argues that reservations expressed by most countries in the
MENA region that ratified CEDAW have rendered the convention almost
meaningless and ineffective.  Although international law permits
reservations upon ratification, they should not be contrary to the object
and purpose of the treaty. In reality, most of the reservations entered in
the region are inconsistent with what is permissible.

Lifting the reservations in practice for instance would allow a woman
subjected to violence by her husband to seek government support. Until
now, state officials in many countries refuse to intervene on the grounds
that problems between husband and wife are "family affairs" and should
thus be resolved at home. CEDAW calls on governments to change any
practice, laws or regulations that are discriminatory against women
whether committed by officials or private individuals. Any reservation to
this provision renders the protection of women completely ineffective.

Lifting the reservations would also allow a married woman living in a
foreign state to return to her home country if she is subjected to
domestic violence by her husband. National legislation in many of the
countries in the region currently stipulate that a woman can only leave
her country of residence with her husband's permission, thus denying her
the freedom of movement which ought to be guaranteed by CEDAW.

"Governments have an obligation to provide women with their undeniable
right to protection from violence and discrimination. As state parties,
they also have an obligation to bring their laws in line with CEDAW and
take steps to review national legislation," said Mervat Rishmawi.

Countries that have expressed reservations argue that the convention
conflicts with national legislation and Islamic Shari'a. Many countries in
the region have national legislation, including those that are said to be
based on religious laws, which are discriminatory against women and are
not consistent with international standards.  Amnesty International is
concerned that reservations entered by the MENA countries run contrary to
the very purpose of the Convention.

Amnesty International is calling on governments in the region that have
not yet ratified CEDAW -- namely Iran, Oman, Qatar and the United Arab
Emirates -- to do so without reservations. The organization is also
calling on those governments to become party to the Optional Protocol to
CEDAW which allows for complaints to be submitted by individuals and
groups.


Background

This report is launched as part of Amnesty International's Campaign to
Stop Violence Against Women. One of the key aspects of the campaign is to
lobby governments to ratify CEDAW, and remove reservations that they have
entered to it.

Reasons used for the reservations entered by countries in the Middle East
and North Africa are not unique to the region. For example, the following
have entered reservations using the explanation that it conflicts with
national legislation:  Malta, Switzerland, and United Kingdom. Other
countries beyond the region have also entered reservations on the basis
that it conflicts with religious laws. These include Bangladesh, Malaysia,
Maldives, Mauritania, and Singapore. Amnesty International is lobbying for
the lifting of these reservations.




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