CEDAW Comes Dangerously Close
Treaty Threatening National Sovereignty Awaits Senate Vote
By Jessica Echard
July 31, 2002

After two previous delays, the Senate Foreign Relations Committee of the U.S. Congress voted Tuesday morning in favor of ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The vote, 12 to 7, fell along party lines with the exception of two Republican senators, Gordon Smith (R-Oregon) and Lincoln Chafee (R-Rhode Island). The treaty now awaits a vote on the Senate floor after the August recess. It must receive a two-thirds vote in order to be ratified.

Many feminist groups support this treaty, claiming it would advance rights for women on a global scale and have little to no effect on U.S. law. In practice, however, this treaty severely threatens U.S. sovereignty due to its broad language and the authority it gives to the U.N.-appointed committee responsible for compliance. “CEDAW effectively hands over social, domestic, and political issues to an unaccountable body and could yield considerable influence in our courts,” says Wendy Wright, senior policy director for Concerned Women for America.

Introducing CEDAW to our court system is the greatest danger to our laws and the right of the United States to govern itself. If ratified, CEDAW could supersede national law. This is exactly the covert enforcement mechanism supporters of CEDAW deny exists. In a project uncovered by the Independent Women’s Forum (IWF), the American Bar Association (ABA) has already issued The CEDAW Assesment Tool.

Funded by the United States Agency for International Development (USAID), this 175-page document is used to score nations on their compliance with CEDAW. It tells assessors to ask nations: “Is CEDAW directly applied and given effect in courts as part of national law? What training programs exist to educate judges and other legal professionals about CEDAW’s precedence over national law?” This document clearly shows how this treaty will be used as an authority in our courts, superseding even our constitution.

Supporters of CEDAW go even further. They suggest that the U.S. must ratify CEDAW as a political statement of support for women’s rights around the globe. But, says Wright, “The U.S. has done more for human rights than any other nation in the history of the world. The best way to ensure women’s rights is to promote democratic societies, which preserve human rights.”

The Bush administration kept a low profile on CEDAW treaty. The administration has expressed reservations about the treaty and the Department of Justice continues to review it.

President Carter signed the treaty in 1980, but the Senate has been unable or unwilling to ratify it in the past 22 years. Brought out of committee in 1994, CEDAW was held by the Senate and sent back to committee for further review. As the fall election season approaches, the focus on CEDAW will likely increase by senators hoping to ride this pseudo-women’s rights treaty all the way to the ballot box.

Please contact your senators to urge them to oppose ratification of CEDAW. Capitol Switchboard (202) 224-3121.