A Comparative Study of the Impact of the Convention on the Elimination of All Forms of Discrimination against Women
In: Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 41, 2023Search for other papers by Carole J. Petersen in
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Abstract
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) has received almost universal ratification. This article examines the impact of CEDAW in five jurisdictions in East Asia: Japan, South Korea, Mainland China, Hong Kong, and Taiwan (which has implemented CEDAW through domestic legislation and created its own quasi-international reporting process). The comparative study shows that CEDAW has inspired numerous reforms in all five jurisdictions but that the practical impact varies considerably. Certain factors influence the relative impact of CEDAW, including whether civil society can participate in the CEDAW reporting process, the government’s attitude towards international norms, and the extent to which judges rely upon CEDAW. Taiwan’s experience with CEDAW is particularly interesting because the international review panel comes to Taiwan, maximizing the opportunities for engagement with civil society and government officials. Indeed, Taiwan’s experience may provide suggestions for enhancing the impact of CEDAW in other jurisdictions.
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