Global Discourse
An interdisciplinary journal of current affairs

Lost in legation: the gap between rhetoric and reality in international human rights law governing women’s rights

Author:
Debra L. DeLaetDepartment of Political Science, David E. Maxwell Distinguished Professor of International Affairs, Drake University, Des Moines, IA, USA

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This article weaves together insights from political science, human rights scholarship, feminist legal theory, and other critical perspectives to explore the limits of global legalism as a primary mechanism for promoting women's rights. Specifically, it examines international human rights law governing women's rights to consider the limitations of law as a mechanism for improving the status of women globally. Although its development has been prolific, formal international human rights law is characterized by a significant gap between aspirational rhetoric and the reality of limited implementation and enforcement. This gap between rhetoric and reality demonstrates the limitations of a universalistic legal framework as a mechanism for promoting significant gains for women's equality and rights. The article investigates the limitations of international human rights law as a tool for promoting women's rights through a close examination of human rights treaty systems, specifically the Convention on the Elimination of Discrimination Against Women.

Debra L. DeLaetDepartment of Political Science, David E. Maxwell Distinguished Professor of International Affairs, Drake University, Des Moines, IA, USA

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