Convention on the Elimination of all Forms of Discrimination Against Women (1979): Article 27 and Article 28
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2018/08/08
Article 27
1. The present Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article 28
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.
Convention on the Elimination of all Forms of Discrimination Against Women (1979)
The Convention on the Elimination of all Forms of Discrimination Against Women or the Convention provides one basis upon which to further the over century-long fight for the equality of women with men. It is, often inaccurately, stated as the equality of men and women or gender equality, or the equality of the sexes – as a series of shorthands, but the most accurate in most geographic and historical considerations – of place and time – are women with men as women have been the ones bearing the brunt of discrimination based on sex.
Article 27(1) of the Convention speaks to the force of the Convention with the 30th day of the deposit to the Secretary-General of the United Nations – its highest officer. Fairly straightforward, the need to operate through the auspices of the highest-ranking official in the United Nations for the consideration, deliberation, and actualization of equality.
Article 27(2) stipulates the ratification or consenting, or signing, on to the version of the Convention of the time. With the Secretary-General as the depositary, the nations or countries accepting the current instantiation of the Convention; the Convention then becomes enforceable in the new form based on the 30th-day post-deposit. It amounts to term limits on the old and time limes to implement and actuate the new version of the Convention.
Article 28(1) states that the Secretary-General will then give what amounts to concerns, issues, and problems of the countries involved in the Convention in some form for reflection. The next subsection of Article 28 continues on this line with the specification of what gets in and gets left out of the set of concerns, issues, and problems.
Those become the basis for the permission of distribution to all nations within the legitimate purview of the Convention. The Secretary-General, as per the prior statements within the Convention or the CEDAW, amounts to the intermediary for the operations relevant for the Convention.
That individual, man or woman, with the highest office in the United Nations will be the one to get and give out the statements of “reservations” of the nations at the time of the “ratification or accession” to the changes to the Convention at such time the changes have been made and approved.
The final subsection of Article 28 stipulates the reservations potentially being withdrawn with the notification of address to the Secretary-General of the United Nations. This official then tells the relevant member states. The notification takes place that day.
–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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