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State Obligation and the Convention on the Elimination of All Forms of Discrimination Against Women

Andrew Byrnes, University of New South Wales
Maria Herminia Graterol, Australian Human Rights Centre, UNSW
Renee Chartres, Australian Human Rights Centre, UNSW

Article comments

This paper may also be referenced as [2007] UNSWLRS 48.

Abstract

The interpretation of the content of the obligations of a State party to a human rights treaty is a critical step in working towards the implementation of the human rights guaranteed by the treaty. The last twenty years have seen significant developments in thinking about the nature of the State’s obligations under human rights treaties; these have been partly the result of the extensive practice under those treaties and have contributed significantly to the elaboration of that practice.

Based on a background paper prepared for an expert group meeting on the subject, this paper explores the nature, scope and content of obligations under the Convention on the Elimination of All Forms of Discrimination against Women, in particular the general obligations contained in the Convention, against the background of a decision by the treaty’s monitoring body, the Committee on the Elimination of Discrimination against Women, to elaborate a general recommendation on that subject. It draws on the text of the Convention, as well as on the extensive practice under it and under other UN human rights treaties. The outcome document of the expert group meeting, and relevant material from the practice of the other treaty bodies, appear as Annexes to the paper.

Subject Area

Human Rights Law

Recommended Citation

Andrew Byrnes, Maria Herminia Graterol, and Renee Chartres, "State Obligation and the Convention on the Elimination of All Forms of Discrimination Against Women" (July 2007). University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series. Working Paper 48.
http://law.bepress.com/unswwps/flrps/art48

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