Human Rights for Women and Girls Under International Law – What Is the Effect of CEDAW Under State Sovereignty and Cultural Norms?

Under International Law, all States are obliged to protect their citizens, regardless of whether they are parties to CEDAW - the foremost treaty on women’s and girls’ rights. Despite constituting half the global population and playing vital life-sustaining and caregiving roles, women and girls continue to face marginalization due to persistent gender inequality. To establish a holistic view, this research adopts a doctrinal, qualitative, and critical approach to analyze International Law and judicial practices, aiming to advance gender equality through interdisciplinary insights. While CEDAW provides vital protections, State sovereignty means that non-party states are not legally bound by it. Yet, most countries have ratified the treaty, and some have also ratified the Optional Protocol, which permits individuals to lodge complaints directly to the CEDAW Committee. Notably, the nations with the lowest gender equality have not ratified the treaty or its Optional Protocol. For such states, adopting all 30 Articles of the ten-page CEDAW treaty at once may be overwhelming. A gradual, article-by-article approach might be more feasible. Simplifying legal language and distributing it through accessible formats, such as spoken content or educational materials, could improve understanding and implementation. Moreover, a comprehensive strategy by donor-funded schools and paid teachers providing women and girls with vocational training, contraception, and hygiene products could also serve as a practical incentive to adopt the CEDAW Convention. A combined “carrot-and-stick” strategy - linking incentives with accountability - may prove more effective in promoting gender equality than aid without accountability.