Why does the CEDAW Convention allow Reservations from States Parties?
It has been recognized that some rights may take more time to be realized than others. Some economic, social and cultural rights, for example, may require more time to be realized, because they require a greater investment of resources, or more substantial structural changes. Some countries at the time of ratification may have in place laws, traditions, and religious or cultural practices that may discriminate against women – time may be required to remove discriminatory provisions within the law, or change discriminatory behaviour. Where a State cannot be realistically expected to achieve a right immediately, its obligation is understood to be ‘progressive’, and can be satisfied by genuine efforts that produce incremental progress towards realization of the right. With this in mind, CEDAW permits ratification subject to reservations, provided that the reservations are not incompatible with the object and purpose of the Convention. Reservations to two articles in particular – Articles
