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The Use of CEDAW to Invalidate Discriminatory Laws and Promote Gender Equality
23 February 2007
The Use of CEDAW to Invalidate Discriminatory Laws and Promote Gender Equality
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) defines discrimination against women and requires states not only to prohibit discrimination but also to take affirmative steps in order to achieve gender equality. The Convention is legally binding upon States that have ratified the Convention and any laws in violation of CEDAW must be struck down.
CEDAW has been used to support affirmative action policies and programs as well as to strike down laws that are in violation of the Convention. These cases carry significant import: the application of CEDAW in domestic courts gives CEDAW legitimacy globally and reinforces the principal that domestic courts are bound by international treaties such as CEDAW.
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