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Full Access Reservations on the “Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)” Based on Islam and its Practical Application in Jordan: Legal Perspectives

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Reservations on the “Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)” Based on Islam and its Practical Application in Jordan: Legal Perspectives

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A significant number of Muslim countries, rather like other States, initially acceded with reservations to the “Convention on the Elimination of All Forms of Discrimination against Women” (CEDAW). Many Muslim States, however, have noted their reservations on this convention, given the possible contradictions with Islam. Other States have questioned such religious-based reservations as they contradict the object and purpose of the CEDAW. This article examines whether these types of reservations to the CEDAW in Muslim countries are incompatible with Article 28(2) of CEDAW and Article 19(c) of the Vienna Convention on the Law of Treaties, and, if this is the case, who might be able to assess the validity of such reservations. In focusing on the practical application of CEDAW in Jordan, this article argues that there are many challenges on lifting the reservation on Article 15(4) of CEDAW that impact the effectiveness of the implantation of CEDAW.

Affiliations: 1: Faculty of Islamic Jurisprudence and Law Al-Bayt University Jordan

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