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The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S

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The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate Updated July 23, 2015 Congressional Research Service https://crsreports.congress.gov R40750 CEDAW: Issues in the U.S. Ratification Debate Summary The Senate may consider providing its advice and consent to U.S. ratification of the United Nations (U.N.) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, or the Convention) during the 114th Congress. CEDAW is the only international human rights treaty that specifically addresses the rights of women. It calls on States Parties to take measures to eliminate discrimination against women in all areas of life, including political participation, employment, education, healthcare, and family structure. CEDAW has been ratified or acceded to by 189 States Parties. The United States is the only country to have signed but not ratified the Convention. Other governments that have not ratified the treaty include Iran, Palau, Somalia, Sudan, and Tonga. U.S. Actions President Jimmy Carter signed the Convention and submitted it to the Senate in 1980. The Senate Foreign Relations Committee held hearings on CEDAW in 1988, 1990, 1994, and 2002. It reported CEDAW favorably, subject to certain conditions, in 1994 and 2002. To date, however, the Convention has not been considered by the full Senate. The election of President Barack Obama focused renewed attention on the possibility of U.S. ratification of CEDAW. The Administration called the Convention an “important priority,” and in May 2009 identified it as a treaty on which it “supports Senate action at this time.” At a November 2010 hearing on CEDAW held by the Senate Judiciary Committee’s Subcommittee on Human Rights and the Law, Administration officials expressed further support for U.S. ratification. Then-Ambassador-at-Large for Global Women’s Issues Melanne Verveer stated that ratification is critical to U.S. efforts to promote and defend women’s rights worldwide. Secretary of State John Kerry has also expressed support for U.S. ratification of CEDAW. The Senate Foreign Relations Committee or the full Senate could consider providing its advice and consent to ratification of the Convention at any time because the treaty has already been submitted to the Senate. In practice, however, presidential support, sometimes accompanied by executive branch suggestions for conditions to ratification, has preceded Senate action. Policy Issues U.S. ratification of CEDAW is a contentious policy issue that has generated considerable debate in Congress and among the public. CEDAW supporters hold that the Convention is a valuable and effective mechanism for fighting women’s discrimination worldwide. They argue that U.S. ratification would give the United States additional legitimacy when it advocates women’s rights internationally, and that it might empower women who fight discrimination in specific countries. CEDAW opponents maintain that the treaty is not an effective mechanism for addressing discrimination against women internationally, emphasizing that countries widely believed to have poor women’s rights records have ratified the Convention. Critics also contend that U.S. ratification could undermine U.S. sovereignty and impact the private conduct of U.S. citizens. This report will be updated as events warrant. Congressional Research Service CEDAW: Issues in the U.S. Ratification Debate Contents Introduction ..................................................................................................................................... 1 Background and Structure ............................................................................................................... 1 Objectives .................................................................................................................................. 2 The Committee on the Elimination of Discrimination Against Women .................................. 2 Optional Protocol ...................................................................................................................... 3 U.S. Actions ..................................................................................................................................... 3 Obama Administration Position ................................................................................................ 3 Previous Administration Positions ............................................................................................ 5 Senate Actions ........................................................................................................................... 7 Issues and Policy Options for the Senate ........................................................................................ 8 Possible Impact on U.S. Sovereignty ........................................................................................ 8 Effectiveness of the Convention ............................................................................................... 9 CEDAW as an Instrument of U.S. Foreign Policy ................................................................... 11 Family Structure and Parental Rights...................................................................................... 12 Abortion .................................................................................................................................. 14 Family Planning ...................................................................................................................... 17 Consideration of Other Treaties .............................................................................................. 19 Options for Treaties Already Submitted to the Senate ............................................................ 19 Other Issues in the Ratification Debate ................................................................................... 20 Appendixes Appendix A. States Parties to the Convention on the Elimination of All Forms of Discrimination Against Women ................................................................................................. 22 Appendix B. Senate Committee on Foreign Relations Consideration of CEDAW: Timeline and Documentation ..................................................................................................... 24 Contacts Author Information ........................................................................................................................ 24 Congressional Research Service CEDAW: Issues in the U.S. Ratification Debate Introduction U.S. policymakers and members of the public have contentiously debated U.S. ratification of the United Nations (U.N.) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, or the Convention) since it was drafted in 1979. CEDAW is the only international human rights treaty that specifically focuses on the rights of women.1 As of July 22, 2015, 189 countries have ratified or acceded to the Convention. The United States is the only nation to have signed but not ratified CEDAW. President Jimmy Carter signed the Convention and submitted it to the Senate in 1980. The Senate Foreign Relations Committee (SFRC) held hearings on CEDAW in 1988, 1990, 1994, and 2002, and reported it favorably in 1994 and 2002.2 To date, the treaty has not been considered for advice and consent to ratification by the full Senate. Other countries that are not parties to CEDAW include Iran, Palau, Somalia, Sudan, and Tonga.3 The Senate may consider providing advice and consent to U.S. ratification of CEDAW during the 114th Congress. The Barack Obama Administration has expressed support for the Convention, calling it “an important priority.” In a May 2009 letter to the SFRC, the Obama Administration identified CEDAW as a human rights treaty on which it “supports Senate action at this time.” Most recently, Secretary of State John Kerry stated that he supported U.S. ratification of the Convention. U.S. policymakers generally agree with CEDAW’s overall objective of eliminating discrimination against women around the world. Many, however, question whether the Convention is an appropriate or effective mechanism for achieving this goal. Opponents are concerned that U.S. ratification would undermine national sovereignty and require the federal government or, worse, the United Nations to interfere in the private conduct of citizens. They argue that the Convention is ineffective, and emphasize that countries with reportedly poor women’s rights records— including China and Saudi Arabia—have ratified CEDAW. Supporters, however, contend that the Convention is a valuable mechanism for fighting women’s discrimination worldwide. They argue that U.S. ratification will give CEDAW additional legitimacy and empower women who aim to eliminate discrimination in their own countries. This report addresses CEDAW’s background, objectives, and structure and provides an overview of U.S. policy toward the Convention. It examines issues that have been raised in the U.S. ratification debate, including the treaty’s impact on U.S. sovereignty, the effectiveness of the Convention, and its possible use as an instrument of U.S. foreign policy. It also describes controversial provisions and CEDAW Committee recommendations addressing the role of women in society and women’s equal access to education and healthcare. Background and Structure U.N. member states adopted several treaties addressing aspects of women’s rights
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