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The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol: A Commentary

by Patricia Schulz

A clause-by-clause reference on CEDAW and its Optional Protocol

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AlbakiReads Editorial

A clause-by-clause reference on CEDAW and its Optional Protocol

Edited by Patricia Schulz, this second edition updates a comprehensive legal commentary on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol. It traces the Convention’s interpretation through the work of the CEDAW Committee, drawing on treaty text, General Recommendations, concluding observations, individual complaints, and inquiry procedures. Self-contained chapters address the preamble, every Convention article, and the Optional Protocol, while a dedicated chapter examines violence against women as a cross-cutting issue. An introductory section places CEDAW within international human rights law and outlines challenges to women’s human rights discussed by the volume. The structure supports both article-specific consultation and broader study of the Convention’s operation.

Good fit for readers who enjoy

  • Legal researchers and practitioners working with international human rights law
  • Students and scholars studying CEDAW, gender equality, or UN treaty bodies
  • Advocates seeking a detailed reference to the Convention and its Optional Protocol

Themes

Women’s human rightsInternational treaty interpretationCEDAW Committee practiceGender-based discriminationViolence against women

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Book overview

This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention.

The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
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