Article 11(3) of the CEDAW
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/07/28
Article 11 3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.
Convention on the Elimination of all Forms of Discrimination Against Women (1979)
Equality of the sexes in general and gender equality more particularly cover, for the most part, the same set of desires for a fairer, more just, and equitable world. This comes from the perspective of the international community. There is a desire for a more equal world. In order to do so, most or many nations on the accepted international platforms need to orient themselves on the same playing field and then deliberate on what works and what does not.
One of the outcomes of this deliberation was the CEDAW or the Convention on the Elimination of all Forms of Discrimination Against Women. In particular, Article 11(3) talks about the need for the continual update of the information of the interpretation of the stipulations in the CEDAW based on the advancements in science and technology.
If one looks at the general framework of the information provided year-after-year in the scientific literature or in the news about the technological developments, we can see the general trend of greater technological advancements, more precise and fantastic scientific discoveries, and further confusion and influx of change in the cultures of each society tacking on these technologies to their ways of operation.
The purpose of Article 11(3) in the CEDAW is to provide some modicum of protection against the potential for stagnation of the various statements of gender equality in the Convention. In the coming years, I could see some occurring within the reproductive health rights arenas with the changes in the technology over the last few years.
In order for there to be any changes in the framework of the Convention, there would need to be two things happening before a change to the CEDAW. One would be a sufficient change to the technology and science of the country. Those changes would provide the bases from which to consider some of the stipulations outmoded. But there are the general stipulations such as Article 11(3) and then the interpretation with the evidence in the changes of the science and technology of the country.
With the alterations in the technological landscape available to us, and with the proportionate changes in relation to the former changes of the stipulations of the articles in the CEDAW, Article 11(3) could be invoked in order to make some piecemeal reforms and changes in accordance to the new evidence available about the needs of women, and the changes required to state modernized forms of gender equality.
Those technological changes in reproductive related technologies could change the considerations of reproductive health rights as noted in the CEDAW. I could see this happening in the future without a problem.
Furthermore, there are some considerations about the operations of the types of changes. Those, as stated, are revise, repeal, and extend. There could be some minor or even major revisions to the issues for women in terms of reproductive health technologies. There could also be some repeals with the need to completely strip some outmoded stipulations about women’s equality because those statements are either obsolete or simply in a modern interpretation – of the time – incorrect scientifically or erroneous in their framing with regards to the modern technologies.
This particular single-statement section of the Convention is important because it provides some foundation for the adaptation and evolution in the Convention in proportion to the changes in the scientific and technological environment. With these changes, we can then work towards a more equitable and just future in order to reach some level of parity in the world.
In addition, there are some changes that may take some time, as – even though there are only two steps – there are steps; there will be an increasing need for rapid change because of the curve in the scientific and technological change trendlines in moving upward or ramping up. The world continues to change more and more in the world of science because more people are doing science.
Those people doing science are able to take on more and do more with smaller teams given the power of the tools available to them. Also, we have the more rapid changes in the tools that come from the implementations from the discoveries of science. The questions then rise about the ways in which we can best adapt to this world for continued gender equality and motion towards greater equality of the sexes.
With the movements providing the impetus for nations to get to the international stage, and then for these global arenas giving the basis to continue to produce documents stipulating various domains in need of greater gender equality, the stipulations within the conventions and other international rights documents stating the need to adapt to the times provide another basis for adapptability to change to the needs of the time.
Our world of the future will not look in all ways like our own given the rapidity of the changes in the technological landscape. The changes will necessitate changes to the documents, including the Convention. Hppaily, our forebearers had the foresight and forethought to be prudent and conscientious on this front.–One can find similar statements in other documents, conventions, declarations and so on, with the subsequent statements of equality or women’s rights:
- The Universal Declaration of Human Rights in the Preamble, Article 16, and Article 25(2).
- Convention Against Discrimination in Education (1960) in Article 1.
- The International Covenant on Economic, Social and Cultural Rights (1966) in Article 3 and Article 13.
- International Covenant on Civil and Political Rights (1966).
- Convention on the Elimination of all Forms of Discrimination Against Women (1979).
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).
- The Declaration on the Elimination of Discrimination Against Women (1993).
- Beijing Declaration(1995).
- United Nations Security Council Resolution 1325 (2000).
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000).
- The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa or the “Maputo Protocol” (2003).
- Council of Europe Convention on preventing and combating violence against women and domestic violence or the Istanbul Convention (2011) Article 38 and Article 39.
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