Document Type : Research Paper

Authors

• Hojatollah Mansouri ¹
• Soheyla Koosha ²
• Mohammadreza Hatami ³
• Hossein Alkajbaf ⁴

¹ Ph.D Student, International Law, Payame Noor University, Tehran, Iran

² Assistant Professor Law Department, Payam Noor University, Tehran, Iran

³ Professor, Political Sciences, Payam e Noor University. Tehran, Iran

⁴ Associate Professor, Law Depatrment, Payame Noor University. Tehran. Iran

Abstract

Protecting the rights of women has been a permanent concern of human rights advocates throughout the last two centuries. Attempts led to the recognition of the principle prohibiting gender discrimination in several core human rights instruments and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However, reports indicate that many States have not fully adhered to the provisions of CEDAW. It is important to review the basic concepts of gender discrimination and the provisions of the Convention to analyse the feasibility of its implication in societies that have diverse norms. Drawing on qualitative research this article attempts to answer the key question “What is the approach of CEDAW to norms governing different societies and what legal standards do the Islamic Sharia norms require to be considered in municipal legal systems and the context of CEDAW?”. After providing a brief description of fundamental concepts in the field of gender equality, it critically reviews CEDAW and expounds on the quiddity and the causes of its shortcomings. Finally, it deals with the major contradictions between the provisions of CEDAW and the norms prevailing in Islamic societies and tries to propose an Islamic standard in this regard.

Keywords

• Gender discrimination
• Women&rsquo؛ s rights
• The Convention on the Elimination of All Forms of Discrimination against Women 1979
• Natural law
• Individualism

Main Subjects

• International Law