Senate Must Not Ratify CEDAW
August 13, 2002
by Wendy McElroy
After more than two decades of the U.S.
Senate refusing to ratify the United Nation’s Convention on the Elimination
of All forms of Discrimination Against Women, the Senate Foreign Relations
Committee approved the treaty July 30, sending CEDAW once more to a
full Senate vote.
What is CEDAW? The treaty requires
all signatory nations to condemn sexism and to establish legal mechanisms,
such as legislation, to protect women against discrimination.
Ratification of CEDAW could be disastrous
for the United States. CEDAW would give an intrusive, corrupt, non-elected
foreign body -- the UN -- the power to sculpt American laws and institutions
into the image of gender feminism.
The treaty is objectionable on two grounds:
the content and the method through which
it would be applied.
First, the content. Article 1 defines
sexism in an all-inclusive, yet vague manner as "any distinction, exclusion
or restriction... which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women... of human rights and
fundamental freedoms in the political, economic, social, cultural, civil
or any other field."
Article 7 emphasizes that signatory
nations "shall ensure to women, on equal terms with men, the right...
to hold public office and perform all public functions at all levels
of government." This opens the door to quotas
within governmental bodies, even "freely" elected ones, to ensure
a "correct" balance. Thus, many political parties in Europe currently
impose gender ratios for the selection of candidates for public office.
The U.N. has foreshadowed a call for
political quota systems for years. For example, under the rules controlling
the November 2001 elections in Kosovo -- rules virtually dictated by
the U.N. -- every third candidate on party lists had to be a woman.
In short, the selection of candidates was placed into the hands of social
engineers and the government was rendered less responsive to pressure
from the populace.
Second, the proposed application of
the treaty would be a debacle.
Article 17 establishes a panel of 23
experts who would oversee the imposition of gender policy within the
U.S. The 23 bureaucrats would be "elected" within the U.N. by secret
ballot, with each signatory nation of CEDAW eligible to nominate one
candidate. Special "consideration" would be given to "equitable geographical
distribution and to the representation of the different forms of civilization
as well as the principal legal systems" in establishing the panel. In
short, the 23 experts would almost certainly consist of at least 22
foreign experts on gender politics from legal systems that may directly
conflict with the common law and constitutional traditions that define
much of North American law and institutions.
Article 5 describes what the 23 experts
would oversee. Signatory nations "shall take all appropriate measures...
to modify the social and cultural patterns of conduct of men and women"
in order to eliminate "prejudices" and "stereotyped roles." Children
are included for modification. "Family education" -- that is,
schooling -- is to include a "proper understanding" of the "common responsibility
of men and women in the upbringing and development of their children."
Yet advocates claim that CEDAW would
not change a single law within the U.S. Has the treaty respected the
laws and cultures of other signatory nations?
In February, 2001, the Heritage Foundation
released a report entitled
"How U.N. Conventions On Women's and Children's Rights Undermine Family,
Religion, and Sovereignty" by Patrick F. Fagan. According to this report,
the U.N. demanded that Catholic hospitals in Italy offer abortions even
if medical personnel have religious objections. It pressured China (unsuccessfully)
to legalize prostitution. (The U.N.'s position on prostitution is that legalizing
it, and recognizing it as a legitimate profession, will protect
women from the exploitation and abuse of sex traffickers.)
Belarus was publicly criticized for maintaining "such symbols as a Mothers'
Day and a Mothers' Award" which promote female stereotypes. Libya was
told "to reinterpret the Koran so that it falls within committee guidelines"
on women. German "measures aimed at the reconciliation of family and
work" were said to "entrench stereotypical expectations."
Behind its "recommendations," the U.N.
flexes whatever muscle
it can get away with. In 2000, at the Beijing+5 U.N.Women Conference,
European development agencies threatened to withhold much-needed and
promised funds from Nicaragua because Max Padilla, head of the Nicaraguan
Ministry for the Family, insisted on defining gender by its common meaning
of "male and female" instead of embedding U.N. favored categories such
as "transgendered" into the wording of Nicaraguan law. Padilla was fired
from his cabinet-level government post.
Those who believe CEDAW aims at protecting
women, rather than imposing ideology, should ask themselves why the
U.N. is silent on China's one-child policy that forces abortions on
pregnant and resisting women. They should speak to Kathryn
Bolkovac, the former Nebraska policewoman who worked as an officer
within the U.N.'s International Police Task Force. Bolkovac reported
to her superiors that teenagers in Bosnia, coerced into prostitution,
were being abused by the very U.N. police officers paid to protect them.
She was fired: U.N. authorities turned a deaf ear to her reports and
appeals. Earlier this month, Bolkovac's claim of "unfair dismissal"
was upheld in court.
Indeed, some U.N. representatives were involved in the sex trafficking.
So much for the U.N.'s concern for women.
The Senate must not give an unelected
panel of foreign experts on "gender politics" any power to determine
the laws and policies of American society. The Senate must not ratify
CEDAW.
Wendy
McElroy
Wendy McElroy is the editor
of ifeminists.com. She is the
author and editor of many books and articles, including her new anthology
Liberty
for Women: Freedom and Feminism in the 21st Century
(Ivan R. Dee/Independent Institute, 2002). She lives with her husband
in Canada.