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UN Declaration on the Elimination of Discrimination Against Women

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UN Declaration on the Elimination of Discrimination Against Women
NameUN Declaration on the Elimination of Discrimination Against Women
Date adopted1967
Adopted byUnited Nations General Assembly
Related documentsUniversal Declaration of Human Rights, Convention on the Elimination of All Forms of Discrimination Against Women, International Covenant on Civil and Political Rights, Declaration on the Granting of Independence to Colonial Countries and Peoples
SubjectWomen's rights, human rights, equality

UN Declaration on the Elimination of Discrimination Against Women The UN Declaration on the Elimination of Discrimination Against Women is a 1967 United Nations General Assembly resolution articulating principles against sex-based discrimination and urging member states to pursue equality for women in public and private spheres, influenced by postwar human rights momentum and decolonization politics. Drafted amid debates involving representatives from United States, Soviet Union, India, United Kingdom, and Sweden, the instrument sought to reinforce norms in conjunction with instruments like the Universal Declaration of Human Rights and to prefigure the later binding Convention on the Elimination of All Forms of Discrimination Against Women.

Background and drafting

The declaration arose from deliberations in the Commission on Human Rights and the Economic and Social Council after recommendations from the Commission on the Status of Women, where delegates from France, China, Brazil, Egypt, and Mexico pressed for explicit protections, while representatives from Pakistan, Argentina, Nigeria, Japan, and Australia debated language on family and personal laws. Influences included precedents such as the International Labour Organization's conventions, the Yalta Conference-era expansion of international institutions, and advocacy by non-governmental organizations like Amnesty International, International Alliance of Women, and Women’s International Democratic Federation. Drafting sessions referenced legal scholarship from figures associated with Harvard Law School, New York University, and University of Cambridge, and negotiating blocs formed around interests represented by the Non-Aligned Movement and the North Atlantic Treaty Organization.

Text and key provisions

The declaration's preambular paragraphs echoed formulations from the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, while operative provisions declared that discrimination against women in civil, political, economic, social, and cultural fields was incompatible with the principles of the United Nations Charter and with instruments like the Declaration on the Granting of Independence to Colonial Countries and Peoples. It called upon states such as India, Ghana, Soviet Union, United States, and Italy to repeal discriminatory laws in areas including nationality, marriage, employment, and property, and recommended measures familiar from ILO standards and from case law developed under tribunals like the European Court of Human Rights and the Inter-American Court of Human Rights.

Adoption and vote

The General Assembly adopted the declaration in 1967 through a vote informed by regional group alignments among delegations from Africa, Asia, Latin America, Eastern Europe, and Western Europe and Others. The resolution received support from countries including Canada, Kenya, Philippines, Chile, and Norway, while abstentions and reservations were entered by delegations such as Saudi Arabia, Pakistan, Yemen, Sudan, and Libya citing concerns about interference with personal status systems and sovereign legal traditions referenced in debates involving representatives from Vatican City and religious authorities connected to Al-Azhar University and Vatican Secretariat of State.

Implementation and impact

Following adoption, the declaration functioned as a normative guide for national reform campaigns in jurisdictions like France, Japan, Egypt, Argentina, and Turkey, and informed litigation before courts including the Supreme Court of India and the Constitutional Court of South Africa. It catalyzed regional processes in bodies such as the Organization of American States and the African Union and inspired policy work by UN organs including the United Nations Development Programme and the United Nations Population Fund, as well as activism by movements linked to figures like Simone de Beauvoir, Betty Friedan, Eleanor Roosevelt, and Huda Sha'arawi.

Criticisms and limitations

Critics from legal scholars at institutions like Yale Law School, London School of Economics, and University of Toronto noted the declaration's non-binding status and vague language compared to treaty law exemplified by the International Covenant on Economic, Social and Cultural Rights. Feminist theorists associated with Second-wave feminism, Postcolonialism, and advocates from Indigenous rights networks argued that the declaration insufficiently addressed intersectional issues raised by activists from South Africa, Brazil, India, Kenya, and Peru and that state reservations invoked underlined limits identified in cases before bodies like the European Court of Human Rights and the Inter-American Commission on Human Rights.

Legacy and relation to subsequent instruments

The declaration directly influenced the drafting and adoption of the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, and it informed later UN frameworks such as the Beijing Declaration and Platform for Action (1995), the work of the Commission on the Status of Women, and reporting mechanics in the Human Rights Committee and Committee on Economic, Social and Cultural Rights. Its language and political momentum contributed to national legislation like the Equal Pay Act reforms in various states and to international jurisprudence from the European Court of Human Rights and the Inter-American Court of Human Rights, while continuing to be cited by organizations including UN Women, Human Rights Watch, and Equality Now in ongoing campaigns for gender equality.

Category:United Nations declarations