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In 1947, shortly after the establishment of the United Nations, the Commission on the Status of Women was created as part of a broader movement to address questions about human rights. The Commission worked on the promotion and adoption of different international mechanisms to achieve equality between women and men, culminating with the enactment of the Convention on All Forms of Discrimination Against Women (CEDAW) in 1979. CEDAW, which includes an array of rights ranging from civil and political rights to educational rights, and more, also includes protections for the rights of women within the family. Article 16, which protects wives’ ownership and control of their property, intended to amend the historical injustice that wives faced when losing their property by entering into a marital contract. This chapter argues, however, that by restricting its protection exclusively to wives and by only protecting the ‘legitimate family,’ CEDAW left out cohabiting women who formed families out of wedlock.

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Negotiating CEDAW: The Story of How Unmarried Women Were Left Out of the Convention

  • 章节

  • 发表日期：

    2025年

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  • Mariana Castrellón

摘要

In 1947, shortly after the establishment of the United Nations, the Commission on the Status of Women was created as part of a broader movement to address questions about human rights. The Commission worked on the promotion and adoption of different international mechanisms to achieve equality between women and men, culminating with the enactment of the Convention on All Forms of Discrimination Against Women (CEDAW) in 1979. CEDAW, which includes an array of rights ranging from civil and political rights to educational rights, and more, also includes protections for the rights of women within the family. Article 16, which protects wives’ ownership and control of their property, intended to amend the historical injustice that wives faced when losing their property by entering into a marital contract. This chapter argues, however, that by restricting its protection exclusively to wives and by only protecting the ‘legitimate family,’ CEDAW left out cohabiting women who formed families out of wedlock.