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The Women's Treaty: CEDAW
History
The U.S. was active in drafting the Convention and
signed it on July 17,1980. It was transmitted to the Senate Foreign
Relations Committee in November, 1980. In the summer of 1990, the
Committee held hearings on the Convention. At that time, the State
Department testified that it had not prepared a legal analysis of
the convention to determine how it comports with U.S. law.
In the Spring of 1993, sixty-eight senators signed
a letter to President Clinton, asking him to take the necessary
steps to ratify the Women's Convention. In June of 1993, former
Secretary of State Warren Christopher announced at the World Conference
on Human Rights in Vienna that the Administration would move on
the Women's convention and other human rights treaties.
In September 1994, the Senate Foreign Relations Committee
reported out favorably on the Convention, by a vote of 13 to 5 (with
one abstention). Unfortunately, this occurred in the last days of
the Congressional session, when several senators put a hold on the
Convention, thereby blocking it from the Senate floor during the
103rd Congress. When the new Senate convened in January 1995, the
Convention was submitted to the Senate Foreign Relations committee
for action, where it remained at the end of the 104th Congress in
October 1996.
On March 8, 1999, International Women's Day, Senator
Jesse Helms (R-NC) , Chair of the Senate Committee on Foreign Relations,
made a statement on the Senate Floor expressing his deep concerns
over the increased efforts to bring CEDAW to a hearing and eventual
ratification.
Senator Barbara Boxer (D-CA), on April 12, 2000, introduced
S. Res. 286 in support of CEDAW. S. Res. 286 expresses the sense
of the Senate that the US Senate Committee on Foreign Relations
should hold hearings and the Senate should act on CEDAW by July
19, 2000.
The U.S. has put four reservations, three understandings,
and two declarations on the Convention (see "Glossary" for full
explanation of these terms). The reservations state that the U.S.
is not obligated to any of the following: "Assigning" women
to all units of military service (though women are free to participate
in any), mandating paid maternity leave (article 11-2-b), legislating
equality in the private sector (articles 2,3,5), and ensuring comparable
worth(equal pay for work of equal value). The understandings say
that the state and federal implementations will be made according
to the appropriate jurisdiction, that no restrictions will be made
to the freedom of speech, expression, or association under the Convention
(articles 5,7,8, 13), and that any free health services to benefit
women will be determined by states and not automatically mandated
by U.S. ratification of CEDAW(article 12). The declarations made
are that the convention is "non self-executing," and that disputes
on interpretation of the Convention will be handled on a "case-by-case"
(articles 29-2, 29-1).
The Convention needs 2/3 of the votes, or 67 "yes"
votes, for the Senate to consent to ratification. Action by the
House of Representatives is not required for ratification to international
treaties. To date, five states, California, Iowa, Massachusetts,
New York and South Dakota, have endorsed U. S. Ratification in their
state legislatures.
Sources:
"Action Alert"
Lutheran Office for Governmental Affairs
122 C Street, NW, Suite 125
Washington, DC 20001-2172
National Committee on the United Nations Convention on the
Elimination of Discrimination Against Women (fact sheet).
520 N. Camden Drive
Beverly Hills, CA 90210-3202
Grassroots organizing packets can be obtained through:
National Committee on U. N./CEDAW
Billie Heller, Chair, UN/CEDAW
520 N. Camden Drive
Beverly Hills, CA 90210-3202
(310)271-8087
The Working Group on the Women's Human Rights Treaty
Pat Rengel, Amnesty International, U.S.A., (202) 675-8577
Kit Cosby, Bahais of the U.S., (202) 833-8990
CEDAW Main Page
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