International Women’s Human Rights : United States Stalling Progress from CEDAW into CIL

This article discusses how, by failing to ratify CEDAW and its enforcement mechanism (the Optional Protocol), the United States has not only crippled enforcement of the treaty within its own borders, but has also weakened the potential global reach of the principles of gender equality enshrined within CEDAW. The author notes that if enough states act in a consistent manner, out of a sense of legal obligation, for a long enough period of time, a new rule of international law will develop into customary international law (CIL). The United States’ ratification of CEDAW would send a message to the rest of the world of its commitment and, more importantly, would facilitate the induction of CEDAW into CIL.