After more than two decades of the U.S. Senate refusing to
ratify the United Nations' 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 U.N. -- 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.