Calibrating Interpretive Incorporation: Constitutional Interpretation and Pregnancy Discrimination under CEDAW

This article examines the impact of the judicial trend of interpretive incorporation on women's rights. The author argues that this trend moderates the gap in implementation in cases where human rights treaties have not been domesticated by the legislature. She looks to the use of constitutional interpretation to incorporate CEDAWs prohibition against discrimination on the basis of pregnancy. In the course of this examination the article considers how interpretive incorporation impacts the status of unincorporated human rights treaties. The difficulties in implementing human rights treaties are considered in light of their relation to the unique legal context and local conditions of each country.