1 - Introduction

Summary

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted by the UN General Assembly in 1979, articulates what has now become a global norm. CEDAW establishes the moral, civic, and political equality of women; women’s right to be free from discrimination and violence; and the responsibility of governments to take positive action to achieve these goals. The treaty reflects consensus among scores of countries and cultures on a comprehensive framework for the advancement and protection of women’s rights. As of 2012, 187 countries have ratified the treaty (United Nations 2013c). Of all the United Nations (UN) treaties, only the Convention on the Rights of the Child (CRC) boasts more signatories (United Nations 2013c). Seven member-states of the UN have yet to ratify CEDAW: Iran, Palau, Somalia, Sudan, South Sudan, Tonga – and the United States. Why hasn’t the United States ratified CEDAW? How can we account for opposition from the most powerful actor in the international system given the almost universal global endorsement of this treaty and the crucial role the United States played in drafting it?

On one hand, the reason the United States has not ratified CEDAW is simple: CEDAW has been unable to garner votes from the sixty-seven senators necessary to ratify it. According to the U.S. Constitution, ratification of CEDAW, like all treaties, requires support from the president and the vote of two-thirds of the Senate. This is a high threshold for approval. It is more difficult to ratify treaties in the United States than in almost any other country in the world.