Designing Women: The Definition of "Woman" in the Convention on the Elimination of All forms of Discrimination Against Women

This comment seeks to develop a progressive definition of the term "woman" in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This author notes the indeterminacy of the term "woman" in CEDAW and argues that the term, as it is used in CEDAW, is inclusive of trans individuals. The expansion of the definition would extend CEDAW's protection to the historically marginalized group of trans individuals. The author argues that "woman" as used in CEDAW encompasses biological, anatomical, genetic, gender performance, and/or gender identity definitional grounds. Further, the author asserts that the inclusion of trans within the definition of the term "woman" in relation to CEDAW is fully consistent with the current treaty interpretation rules and with the interpretation of similar UN human rights treaties. The author concludes that a definition of the term "woman" in CEDAW does not allow for the exclusion of trans individuals.