Promoting and Protecting the Human Rights of Women and Girls A Manual for National Human Rights Institutions
Specific strategies to promote ratification might include:
• Advocacy and awareness raising initiatives involving Government ministers, parliamentarians and
key officials of relevant ministries and departments
• Using formal mechanisms, such as NHRI reports or submissions to government or other inquiries,
to explain the importance of ratification and to address any potential obstacles
• Using training and outreach activities to share information with the community, NGOs and other
civil society stakeholders about the importance of ratifying a particular human rights treaty
• Identifying opportunities to promote ratification through the engagement with the international
human rights system; for example, submitting information to the universal periodic review process.
The advocacy work of NHRIs to promote ratification can be further strengthened if the public and
organized groups within the community also exercise pressure in the same direction. Accordingly, NHRIs
may consider implementing targeted community awareness activities with a broad range of NGOs and
other civil society groups.
States will occasionally attach “reservations”, “statements” or “declarations” to their ratification or
accession to a particular human rights treaty. The intention behind them and their legal effect can differ.
Statements and declarations often seek to clarify the State’s understanding of a particular obligation.
However, reservations generally seek to exclude or modify the legal effect of a certain provision, or
provisions, of the treaty. The rules around reservations are very clear. They must be permitted under the
treaty and they must not operate to defeat the object and purpose of the treaty. However, States rarely
challenge each other on this point, with the result that even the most egregious reservations may go
formally unchallenged.
RESERVATIONS TO CEDAW
Human rights treaties are subject to more reservations than any other type
of treaty and CEDAW is one of the most heavily reserved of the human rights
treaties.
Some States parties have made a general reservation to CEDAW. These
general reservations purport to exempt the State party from any obligation
that is not in accordance with what it sets out as a higher authority, such as
the national constitution, the code of family law or the principles of Shariah
law.
General reservations to CEDAW clearly undermine its object and purpose
to eliminate discrimination against women and promote genuine equality
between men and women.
NHRIs are often very well placed to understand the reasons behind a particular reservation and to
work with their Government to consider whether it is possible to withdraw a reservation that cannot be
reasonably justified.
In addition to promoting the adoption of international standards and the removal of reservations, NHRIs
should also work to ensure that those treaties that have been ratified or acceded to are implemented in
practice. This task cuts across all areas of work done by NHRIs and is addressed at appropriate points
in each of the following chapters.
42