Human Rights Conventions and Reservations: An Examination of a Critical Deficit in the CEDAW

This paper analyzes the balance between states' commitment to international human rights agreements, like the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), and the reservation provisions embedded within these agreements. Reservation provisions were adopted to accommodate certain state interests, while allowing these states to continue to participate in the treaty regime. The author, using the CEDAW as a model, underscores how reservation provisions can allow states to exempt themselves from the core objectives of the treaty. The author asserts that the topic of reservations should not be solely a political question, but also a legal consideration. Specifically, the author argues that establishing a mechanism for analyzing reservation compatibility before the International Court of Justice is essential to ensure that states do not exempt themselves from human rights obligations through reservations.