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The Prohibition Of Discrimination Under CEDAW And The Role Of The CEDAW Committee

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Chapter Summary

One of the major obstacles confronting the effective implementation of CEDAW provisions is the large number and scope of reservations entered to its substantive provisions. Apart from its reservations to CEDAW, Egypt has articulated Sharia-based interpretative declarations to the ICCPR and ICESCR, as well as to article 18 of the African Charter on Human and People's Rights. A State may approach reservations in four different ways. It can explicitly accept the reservation, giving it full legal effect. Alternatively, it can impliedly accept the reservation through silence (acquiescence). The third option would be to object to the reservation, to the exclusion of the reserved provision. Finally, the State may object to the reservation and simultaneously preclude the treaty from entering into force as between itself and the reserving State. The first breakthrough in this area came in the Committee's eleventh session, in 1992.

Keywords:CEDAW; invalidity; law; shari'a



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