Inadequacies in U.S. Legislation and CEDAW’s Ability to Correct Such Laws

The 1994 Violence Against Women’s Act is undoubtedly a landmark piece of legislation that combats the physical abuse, sexual abuse, emotional abuse, and threats against women.  However, although the VAWA has been proactive in combating domestic violence, there are still more than 4 million women a year that report injuries from current or former partners in the United States.  For the United States to be considered a legitimate democracy and innovator of the free world, discrimination against women must be expelled from our society, and in order to assist in this process CEDAW ratification is a must.  Regardless, what some critics may say about CEDAW in accordance with U.S. law, if there’s a possibility that ratifying the treaty  may prevent just one incident of domestic violence, I thoroughly believe that ratification will be well warranted.

Many of those opposed to U.S. ratification of CEDAW make the claim that the U.S. already has laws in place to combat discrimination against women, i.e. VAWA, Fourteenth Amendment, and Title IX.  I argue that although some laws may be in place, they are for one, not enough, and for two, ineffective; in particular VAWA.  According to the National Organization for Women, “women experience about 4.8 million intimate partner-related physical assaults and rapes every year.  Less than 20 percent of battered women sought medical treatment following an injury.”¹ Some may be surprised that seven-teen years following the passing of VAWA there are still 4.8 million incidents involving domestic violence which is equivalent to roughly 13,000 incidents per day.  However, I offer one short observation that questions the U.S.’s commitment to gender discrimination and its lack of implementation.  The Fourteenth Amendment which includes the “Equal Protection Clause” was ratified in 1868; it took ninety-six years for legislative implementation of the Fourteenth Amendment through the Civil Rights Act of 1964.  Moreover, it took 126 years for legislative implementation to protect women when Congress passed VAWA.  This is an unacceptable fact that reeks with the unsavory realization that U.S. lawmakers are not committed to human rights, let alone women’s rights.


Domestic violence which I consider to be an epidemic because of the overwhelming number of incidents per year, I also consider to be a public health issue that affects the community as well as the victim.  According to the Center for Disease Control, “4.8 million intimate partner related physical assaults and rapes… resulted in 1,544 deaths.”² Coupled with these incidents was $8.3 billion in costs for, “medical care, mental health services, and lost productivity (e.g., time away from work)”³ in 2003 alone.

The United States which is only one of five permanent members of the UN’s Security Council must for the reason of domestic violence alone ratify CEDAW which is also closely related to the Declaration on the Elimination of Discrimination against Women.  The declaration is particularly important to this relationship because it deals directly with the definition of domestic violence as stated in Article 2 (a), “Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation.”⁴ Although articles in the declaration are not binding, they are however, binding to members of CEDAW.  With a clear understanding of domestic violence which is provided in the declaration there comes a clear method of implementation which the convention provides.  For example, Article 5 of CEDAW clearly states, “States parties shall…modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.”⁵  

In closing, ratifying CEDAW is not the finish line for eliminating violence against women.  However, with the reports and recommendations that come with being a member to the treaty, they will undoubtedly strengthen the effectiveness and legitimacy of current U.S. laws that denounce violence against women, particularly VAWA.  These reports and recommendations come to the U.S. as low cost and high reward.  Until the U.S. ratifies CEDAW millions of women will be overlooked in the legislative regards of congress, as well as continue to be victims of domestic violence.  In order for the U.S. to maintain its reputation as the leading democratic nation in the world, women’s rights must be addressed through CEDAW ratification.

Post by Nicholas

Notes:

 

1.      1.   "Violence Against Women in the United States: Statistics." National Organization for Women. N.p., 2011. Web. 15 Apr 2011. <http://www.now.org/issues/violence/stats.html>.

2.      2.    "Understanding Intimate Partner Violence." Fact Sheet 2006 n. pag. Center for Disease Control and Prevention. Web. 15 Apr 2011. <http://www.cdc.gov/ncipc/dvp/ipv_factsheet.pdf>.

3.      3.    Ibid.

4.      4.    United Nations. General Assembly. Declaration on the Elimination of Violence against Women. , 1993. Web. 15 Apr 2011. <http://www.un.org/documents/ga/res/48/a48r104.htm>.

5.    United Nations. Convention on the Elimination of All Forms of Discrimination against Women. , 1981. Web. 15 Apr 2011. <http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm>.