Friday, January 3, 2014

CULTURE, CUSTOMS, OR TRADITIONS PREVENT FULL CEDAW IMPLEMENTATION



 "Many States parties to the CEDAW Convention assert that they cannot fully implement CEDAW because it is in conflict with Shari'ah, or that laws or practices cannot be changed because they are divine or based on the Qur'an."

"Musawah submits that full implementation of CEDAW is possible, as the principles of equality, fairness, and justice within CEDAW and Islam are fully compatible, and reform of laws and practices for the benefit of society and the public interest (maslahah) has always been part of the Muslim legal tradition."


Approaches to CEDAW and Muslim Family Laws & Practices

 CULTURE, CUSTOMS, OR TRADITIONS PREVENT FULL CEDAW IMPLEMENTATION

A type of argument frequently used by many States parties attempts to take the responsibility for implementation of the CEDAW Convention away from the government, by pointing to the role of culture, customs, traditions, and the patriarchal society in discriminating against women. The States argue that in the face of these powerful local customs and traditions, which often are intertwined with religion, change is difficult and takes time. In many cases, the people are not ready or women themselves are preventing the change from occurring. Governments also cite situations in which the law permits a practice, which is often justified because of tradition or culture, but the practice is rare.......

One of the main arguments evoked by governments for the inequality that exists between in men and women in their country was that change took time......Several countries underscored the challenges and time required to change these stereotypical notions of equality......

Several delegations assured the CEDAW Committee that progress, though slow in coming, was nonetheless taking place.......


CEDAW & MUSLIM FAMILY LAWS
In Search of Common Ground
By MUSAWAH - An initiative of Sisters in Islam, Malaysia

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