The Independent Commission for Human Rights
of ratification or accession, the Convention shall enter into force on
the thirtieth day after the date of the deposit of its own instrument of
ratification or accession.
Under the Vienna Convention, States are also granted the right to make
reservations on a treaty during its signing or ratification. Such reservations
are considered unilateral, and aimed at excluding or changing the legal
effect of the treaty or convention. States can, for example, respect the
treaty, save for certain provisions deemed to be in contravention of their
national laws.
A reservation has three restraints, however. The treaty, for example, may
rule out reservations or prohibit certain types of them, and a reservation
incompatible with the object and purpose of a treaty is not permitted.
In addition, the reservation should be specifically aimed at excluding
or changing the content of the treaty in regard to the reserving State.
Based on this, CEDAW grants States the right to make reservations during
ratification or accession to it provided that these reservations would be
presented to the Secretary-General of the United Nations. At the same
time, the Convention gives States the right to withdraw their reservations
any time by presenting notification to the Secretary-General of the United
Nations to this effect.
The Palestinian Basic Law of 2002 does not include any articles or
provisions regulating the mechanisms of ratifying international treaties
and conventions. In light of the absence of such constitutional provisions,
the highest authority of the State of Palestine can locally ratify CEDAW
and then present the ratification instrument to the Secretary-General of
the United Nations. Once the Convention is ratified, the State shall be
bound by it. The State of Palestine can make reservations concerning
certain articles, taking into account the terms of Vienna Conventions and
those of CEDAW. However, making a reservation on substantive articles of
the Convention may sound incompatible with the object and purpose of
it, which is the achievement of gender equality and elimination of gender
based discrimination.
The Basic Law also does not regulate the relationship between international
treaties and national laws and legislation in terms of significance. The
regulation of such relationships arises when the different authorities refuse
to implement the Convention or any of its provisions on the pretext of its
contravention of national laws. In light of the absence of a constitutional
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