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Women's Rights in International Law: Critical Actors, Structuration, and the Institutionalization of Norms

Published online by Cambridge University Press:  06 June 2019

Neil A. Englehart  and
Melissa K. Miller
Neil A. Englehart
Affiliation:
Bowling Green State University
Melissa K. Miller
Affiliation:
Bowling Green State University
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Abstract

Widespread adoption of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) represents a puzzle. It cannot be described as serving the interests of any state as understood in conventional theories of international relations because it commits countries to radical social change. Yet all but six UN member states have ratified it. We argue that the case can only be explained by reference to Waltz’ first image, the individual level. We invoke Giddens' notion of structuration to explain how a small group of like-minded women, many of them diplomats, were able to work within existing structures of international diplomacy to create institutions that embedded their ideals in international law. These women were critical actors, positioned simultaneously in activist organizations and government and diplomatic institutions, giving them leverage to institutionalize new norms. The case shows the importance of analysis at the individual level to explain normative change in the international system.

Keywords

CEDAWinternational lawnormscritical actorsstructuration
Type
Research Article
Information
Politics & Gender , Volume 16 , Issue 2 , June 2020 , pp. 363 - 387
Copyright
Copyright © The Women and Politics Research Section of the American Political Science Association 2019

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References

REFERENCES

All India Women's Conference. 1946. The Indian Woman's Charter of Rights and Duties. Calcutta.Google Scholar
Baldez, Lisa. 2014. Defying Convention: US Resistance to the UN Treaty on Women's Rights. Cambridge, UK: Cambridge University Press.CrossRefGoogle Scholar
Banaszak, Lee Anne. 2010. The Women's Movement Inside and Outside the State. New York: Cambridge University Press.Google Scholar
Becker, Susan. 1981. The Origins of the Equal Rights Amendment: American Feminism Between the War. Westport, CT: Greenwood Press.Google Scholar
Becker, Susan. 1983. “International Feminism Between the Wars: The National Women's Party Versus the League of Women Voters.” In Decades of Discontent: The Women's Movement, 1920–1940, eds. Scharf, Lois and Jensen, Joan M., 223–42. Westport, CT: Greenwood Press.Google Scholar
Beach, Derek, and Pedersen, Rasmus Brun. 2013. Process-Tracing Methods: Foundations and Guidelines. Ann Arbor: University of Michigan Press.CrossRefGoogle Scholar
Bennett, Andrew, and Checkel, Jeffrey T.. 2015. Process Tracing from Philosophical Roots to Best Practices. New York: Cambridge University Press.Google Scholar
Bull, Hedley. 1977. The Anarchical Society: A Study of Order in World Politics. New York: Columbia University Press.CrossRefGoogle Scholar
Butterfield, Jo Ella. 2012. Gendering ‘Universal’ Human Rights: International Women's Activism, Gender Politics and the Early Cold War, 1928–1952. PhD Diss. in History, University of Iowa.Google Scholar
Childs, Sarah, and Krook, Mona Lena. 2009. “Analysing Women's Substantive Representation: From Critical Mass to Critical Actors.” Government & Opposition 44 (2): 125–45.CrossRefGoogle Scholar
Cole, Wade M. 2013. “Government Respect for Gendered Rights: The Effect of the Convention on the Elimination of Discrimination Against Women on Women's Rights Outcomes, 1981–2004.” International Studies Quarterly 57:233–49.CrossRefGoogle Scholar
DAW (Division for the Advancement of Women). 2006. A Short History of the Commission on the Status of Women. www.un/womenwatch/daw/CSW60YRS/CSWbrief-history.pdf.Google Scholar
DuBois, Ellen, and Derby, Lauren. 2009. “The Strange Case of Minerva Bernardino: Pan-American and United Nations Women's Rights Activist.” Women's Studies International Forum 32:43–50.CrossRefGoogle Scholar
Eisenburg, Jaci. 2013. “The Status of Women: A Bridge From the League of Nations to the United Nations,” Journal of International Organizations Studies 4 (2): 8–24.Google Scholar
Englehart, Neil A. 2010. “Representing Civilization: Solidarism, Ornamentalism and Siam's Entry into International Society.” European Journal of International Relations 16 (3): 417–39.CrossRefGoogle Scholar
Englehart, Neil A., and Miller, Melissa K.. 2014. “The CEDAW Effect: International Law's Impact on Women's Rights.” Journal of Human Rights 13 (1): 22–47.CrossRefGoogle Scholar
Feng, Jin. 2009. The Making of a Family Saga: Ginling College. Albany, NY: SUNY Press.Google Scholar
Finnemore, Martha. 1996. National Interests in International Society. Ithaca, NY: Cornell University Press.CrossRefGoogle Scholar
Finnemore, Martha. 2003. The Purpose of Intervention: Changing Beliefs About Armed Force. Ithaca, NY: Cornell University Press.Google Scholar
Fraser, Arvonne S. 1995. “The Convention on the Elimination of All Forms of Discrimination Against Women”. In Women, Politics, and the United Nation, ed. Winslow, Anne, 77–94. Westport, CT: Greenwood Press.Google Scholar
Garner, Karen. 2010. Shaping a Global Women's Agenda: Women's NGOs and Global Governance, 1925–85. Manchester, UK: Manchester University PressGoogle Scholar
Gerring, John, and Thomas, Craig. 2007. Case Study Research: Principles and Practices. New York: Cambridge University Press.Google Scholar
Giddens, Anthony. 1987. The Nation-State and Violence. Berkeley: University of California Press.Google Scholar
Gildersleeve, Virginia. 1955. Many a Good Crusade. New York: Macmillan.Google Scholar
Gray, Mark M., Kittilson, Miki Caul, and Sandholtz, Wayne. 2006. “Women and Globalization: A Study of 180 Countries, 1975–2000.” International Organization 60:293–333.CrossRefGoogle Scholar
Haas, Peter M. 1990. Saving the Mediterranean: The Politics of International Environmental Cooperation. New York: Columbia University Press.Google Scholar
Hathaway, Oona A., and Shapiro, Scott J.. 2017. The Internationalists: How a Radical Plan to Outlaw War Remade the World. New York: Simon and Schuster.Google Scholar
Hill, Daniel W. 2010. “Estimating the Effects of Human Rights Treaties on State Behavior.” Journal of Politics 72:1161–74.CrossRefGoogle Scholar
Humphreys, John. 1984. Human Rights and the United Nations: A Great Adventure. Dobbs Ferry, NY: Transnational.Google Scholar
Inter-Parliamentary Union. 2018. “Women in National Parliaments.” http://archive.ipu.org/wmn-e/classif.htm.Google Scholar
Jacobson, Roberta. 1992. “The Committee on the Elimination of Discrimination Against Women.” In The United Nations and Human Rights: A Critical Appraisal, ed. Alston, Philip, 444–72. New York: Oxford University Press.Google Scholar
Keck, Margaret E., and Sikkink, Kathryn. 1998. Activists Beyond Borders: Advocacy Networks in International Politics. Ithaca, NY: Cornell University Press.Google Scholar
Lake, Marilyn. 2011. “From Self-Determination via Protection to Equality via Non-discrimination: Defining Women's Rights at the League of Nations and the United Nations.” In Women's Rights and Human Rights: International Historical Perspectives, eds. Grimshaw, Patricia, Holmes, Katie, and Lake, Marilyn, 254–271. New York: Palgrave.Google Scholar
Laville, Helen. 2008. “A New Era in International Women's Rights? American Women's Associations and the Establishment of the UN Commission on the Status of Women.” Journal of Women's History 20:34–56.CrossRefGoogle Scholar
Linder, Doris H. 2001. “Equality for Women: The Contributions of Scandinavian Women at the United Nations.” Scandinavian Studies 73 (2): 165–208.Google Scholar
Merry, Sally Engle. 2006. Human Rights and Gender Violence: Translating International Law Into Local Justice. Chicago: University of Chicago Press.Google Scholar
Midtgaard, Kristine. 2011. “Bodil Begtrup and the Universal Declaration of Human Rights: Individual Agency, Transnationalism and Intergovernmentalism in Early UN Human Rights.” Scandinavian Journal of History 36 (4): 479–99.CrossRefGoogle Scholar
Miller, Carol. 1994. “‘Geneva—The Key to Equality’: Inter-war Feminists and the League of Nations.” Women's History Review 3:219–45.CrossRefGoogle Scholar
Morsink, Johannes. 1999. The Universal Declaration of Human Rights: Origins, Drafting, and Intent. Philadelphia: University of Pennsylvania Press.CrossRefGoogle Scholar
Mösslang, Marcus, and Riotte, Torsten. 2008. The Diplomat's World: A Cultural History of Diplomacy, 1815–1914. New York: Oxford University Press.Google Scholar
Neumann, Ivar B. 2012. At Home with the Diplomats: Inside a European Foreign Ministry. Ithaca, NY: Cornell University Press.CrossRefGoogle Scholar
Offen, Karen. 2000. European Feminisms, 1700–1958: A Political History. Stanford, CA: Stanford University Press.Google Scholar
Offen, Karen. 2001. “Women's Rights or Human Rights: International Feminism Between the Wars.” In Women's Rights and Human Rights: International Historical Perspectives, eds. Grimshaw, Patricia, Holmes, Katie, and Lake, Marilyn, 243–53. New York: Palgrave.CrossRefGoogle Scholar
Olcott, Jocelyn. 2016. “From the Time of Creation: Legacies and Unfinished Business from the First International Women's Year Conference.” In Women and Girls Rising: Progress and Resistance Around the World, eds. Chesler, Ellen and McGovern, Terry, 21–31. New York: Routledge.Google Scholar
Pfeffer, Paula F. 1985. “‘A Whisper in the Assembly of Nations: United States’ Participation in the International Movement for Women's Rights from the League of Nations to the United Nations.” Women's Studies International Forum 8 (5): 459–71.CrossRefGoogle Scholar
Pfeffer, Paula F. 1996. “Eleanor Roosevelt and the National and World Women's Parties.” The Historian 59 (1): 39–57.CrossRefGoogle Scholar
Rupp, Leila J. 1997. Worlds of Women: The Making of an International Women's Movement. Princeton, NJ: Princeton University Press.Google Scholar
Rupp, Leila J., and Taylor, Verta. 1987. Survival in the Doldrums: The American Women's Rights Movement, 1945 to the 1960s. New York: Oxford University Press.Google Scholar
Rupp, Leila J., and Taylor, Verta. 1999. “Forging Feminist Identity in an International Movement: A Collective Identity Approach to Twentieth-Century Feminism.” Signs 24 (2): 363–86.CrossRefGoogle Scholar
Schwelb, Egon. 1966. “The International Convention on the Elimination of All Forms of Racial Discrimination.” International and Comparative Law Quarterly 15 (4): 996–1068.CrossRefGoogle Scholar
Sending, Ole Jacob, Pouliot, Vincent, and Neumann, Iver B.. 2015. Diplomacy and the Making of World Politics. New York: Cambridge University Press.CrossRefGoogle Scholar
Sinegiorgis, Konjit. 2007. “Challenges and Impacts.” In Circle of Empowerment: Twenty-Five Years of the UN Committee on the Elimination of Discrimination of Women, eds. Schöpp-Schilling, Hanna Beate and Flinterman, Cees, 276–280. New York: Feminist Press.Google Scholar
Sluga, Glenda. 2013. “Spectacular Feminism: The International History of Women, World Citizenship and Human Rights.” In Women's Activism: Global Perspectives from the 1890s to the Present, eds. de Haan, Francisca, Allen, Margaret, Purvis, June, and Daskalova, Krassimira, 44–58. New York: Routledge.Google Scholar
Street, Jessie. 2004. Jessie Street: A Revised Autobiography. Annandale, NSW: Federation Press.Google Scholar
Towns, Ann. 2010. “The Inter-American Commission of Women and Women's Suffrage, 1920–1945.” Journal of Latin American Studies 42 (4): 779–807.CrossRefGoogle Scholar
UN Department of Public Information. 1996. The United Nations and the Advancement of Women, 1945–1996. New York: United Nations.Google Scholar
Waltz, Kenneth N. 1954. Man, the State and War: A Theoretical Analysis. New York: Columbia University Press.Google Scholar
Wamsley, Esther Sue. 1998. A Hemisphere of Women: Latin American and US Feminists in the IACW, 1915–1939. PhD Diss., Department of History, Ohio State University.Google Scholar
Wendt, Alexander. 1999. Social Theory of International Relations. New York: Cambridge University Press.Google Scholar
Wight, Martin. 1977. Systems of States. Leicester, UK: Leicester University Press.Google Scholar
Zwingel, Susanne. 2005. How Do International Women's Rights Norms Become Effective in Domestic Contexts? An Analysis of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Inaugural dissertation, Universität Bochum - Fakultät für Sozialwissenschaft.Google Scholar
Zwingel, Susanne. 2012. “How Do Norms Travel? Theorizing International Women's Rights in Transnational Perspective.” International Studies Quarterly 56 (1): 115–29.CrossRefGoogle Scholar

UN DOCUMENTS

A/RES/3010: United Nations General Assembly Resolution 3010 (XXVII): International Women’s Year. December 18, 1972.Google Scholar
E/281/Rev.1: Report of the Commission on the Status of Women to the Economic and Social Council (revised), February 25, 1947.Google Scholar
E/406: Biographical Data of the Members of the Commission on the Status of Women, April 3, 1947.Google Scholar
E/Conf./66/34: Report of the World Conference of the International Women’s Year, Mexico City, June 19–July 25, 1975.Google Scholar
E/CN.6/Min. 587: Commission on the Status of Women, 24th Session, Summary Records or Minutes of the 571st to the 589th Meetings, February 14–March 3, 1972.Google Scholar
E/CN.6.NGO/244: Statement Submitted to the Commission on the Status of Women, 24th Session, by the International Council of Women, Women's International Democratic Federation, World Federation of Trade Unions, Baba'i International Community, International Catholic Child Bureau, International Council of Social Democratic Women, International Federation of Social Workers, International Federation of Business and Professional Women, International Federation of Women in Legal Careers, Catholic International Union for Social Service, February 14–March 3, 1972.Google Scholar
E/HR/18/Rev.1: Report of the Sub-Commission on the Status of Women to the Commission on Human Rights, May 16, 1946.Google Scholar
E/PV.4: Verbatim Record of the Fourth Meeting of the Second Session of the Economic and Social Council, May 28, 1946.Google Scholar
E/RES/1851: United Nations General Assembly Resolution 1851 (LVI): International Conference to Be Held During the International Women’s Year, May 16, 1974.Google Scholar