Fighting Discrimination in Africa through CEDAW: Hard Fights - Easy Fights

Headings: 
Title: 
Fighting Discrimination in Africa through CEDAW: Hard Fights - Easy Fights
Journal Citation: 
16 NEW ENGLAND JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 89-110 (2010).
The author explores how African nations have responded to and implemented CEDAW domestically. Many states have not ratified CEDAW, strongly limiting its application. This means that judges do not have to use it as authority and its enforcement depends upon individuals bringing these cases to the courts. The author analyzes each article of CEDAW and explores how they have or have not been implemented domestically and the reasons for this variance. While most African Constitutions contain express non- discrimination clauses on the basis of gender, many domestic laws and prevailing patriarchal attitudes still exist in society. Finally, the author examines how the African Charter and the African Women's Protocol relate to CEDAW and the barriers that are faced domestically in applying these laws and recommendations. The author argues that applying the articles of CEDAW is significant in helping to give equal rights to women in Africa.