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Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women

Received: 12 November 2022    Accepted: 25 January 2023    Published: 4 February 2023
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Abstract

It is well established that the international community, and particularly Western society, follows the belief that women, especially Arab Muslims, do not enjoy a measure of freedom, for the reason that they are not considered to have de facto equality with men in rights before duties. This has resulted in suffering regarding all forms of blatant discrimination and this is not in line with the principles preached by the human rights advocated by international organizations and conventions. The latter clearly necessitated the enactment of a convention guaranteeing women's freedom through equality between the rights of women and men and the elimination of all discrimination between them. All this aforementioned discrimination and lack of freedom resulted in the Convention on Elimination. On this basis, the rationale of the present research paper and its objectives aim to shed light on the issue of women's empowerment regarding their rights at both, the level of international conventions as well as legal texts. In addition to this, the Algerian legislator had attempted to reconcile with the provisions of the Convention on the Elimination of all forms such as Discrimination against Women whether through the rules of family law or those rules that are derived from Islamic law.

DOI 10.11648/j.ipa.20230701.11
Published in International and Public Affairs (Volume 7, Issue 1, June 2023)
Page(s) 1-8
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

CEDAW, Muslim Women, Freedom, Equality, Reservation, Algeria

References
[1] Andrew Byrnes. Marsha A. Freeman (2011), THE IMPACT OF THE CEDAW CONVENTION: PATHS TO EQUALITY; A STUDY FOR THE WORLD BANK. WORLD DEVELOPMENT REPORT 2012 GENDER EQUALITY AND DEVELOPMENT BACKGROUND PAPER.
[2] Khamees Hazam Wali., (2019), Promoting and Developing Consciousness of Human Rights: New Prospects and Perceptions, Journal of University of Babylon for Humanities, Vol. (27), No. (3): P 487.
[3] Anjali Sara Bonner (2009). Muslim states' reservations to CEDAW and possibilities for the reconciliation of shariah law with international women's rights norms. Hong Kong Journal of Legal Studies, 3, 27 - 47.
[4] Amnesty International, (2022), Saudi Arabia codifies male guardianship and gender discrimination, online: https://www.amnesty.org/
[5] Bandar Nasser S. Alshahrani, (2018), Male Guardianship over Women under Islamic Shariah, Saudi Arabia’s Domestic Law and International Human Rights Law; A Thesis Submitted for the Degree of Doctor of Philosophy; Brunel Law School Brunel University London.
[6] Gender Justice & The Law (2018), the publication was developed by the United Nations Development Programme (UNDP) in collaboration with the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), the United Nations Population Fund (UNFPA) and the United Nations Economic and Social Commission for West Asia (ESCWA), UNFPA Algeria, Prolance FZC.
[7] Zainah Anwar; (2012), CEDAW and Muslim Family Laws In Search of Common Ground; Second impression,, Musawah.
[8] Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women: https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCEDAW.aspx (2019), consulted on 10/2022.
[9] http://www.ipu.org/women-in-parliament (2020), IPU Women in Parliament.
[10] Maggie Wooll; Gender inequality in the workplace: The fight against bias: October 15, (2021), https://www.betterup.com/blog/gender-inequality-in-the-work-place
[11] Jessica Riggin, THE POTENTIAL IMPACT OF CEDAW RATIFICATION ON U.S. EMPLOYMENT DISCRIMINATION LAW: LESSONS FROM CANADA (2021),, p6, https://biblioteca.corteidh.or.cr/tablas/r26395.pdf consulted on
[12] International Day for the Elimination of Violence against Women - 25 November 2022 Statement International women’s right experts call on States to bridge the gap of impunity for violence against women across the world.
[13] Taking action to eliminate gender-based violence against women and girls with disabilities, NOW. (2022), https://www.ohchr.org/en/statements/.
[14] Aissa zahia, Introduction to the Convention on the Elimination of All Forms of Discrimination Against Women, Research at a National Scientific Forum, (2020), University of Boumerdes, Algeria, p. 5.
[15] See also Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979, online; https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women
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  • APA Style

    Khouatra Samia. (2023). Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women. International and Public Affairs, 7(1), 1-8. https://doi.org/10.11648/j.ipa.20230701.11

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    ACS Style

    Khouatra Samia. Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women. Int. Public Aff. 2023, 7(1), 1-8. doi: 10.11648/j.ipa.20230701.11

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    AMA Style

    Khouatra Samia. Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women. Int Public Aff. 2023;7(1):1-8. doi: 10.11648/j.ipa.20230701.11

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  • @article{10.11648/j.ipa.20230701.11,
      author = {Khouatra Samia},
      title = {Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women},
      journal = {International and Public Affairs},
      volume = {7},
      number = {1},
      pages = {1-8},
      doi = {10.11648/j.ipa.20230701.11},
      url = {https://doi.org/10.11648/j.ipa.20230701.11},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ipa.20230701.11},
      abstract = {It is well established that the international community, and particularly Western society, follows the belief that women, especially Arab Muslims, do not enjoy a measure of freedom, for the reason that they are not considered to have de facto equality with men in rights before duties. This has resulted in suffering regarding all forms of blatant discrimination and this is not in line with the principles preached by the human rights advocated by international organizations and conventions. The latter clearly necessitated the enactment of a convention guaranteeing women's freedom through equality between the rights of women and men and the elimination of all discrimination between them. All this aforementioned discrimination and lack of freedom resulted in the Convention on Elimination. On this basis, the rationale of the present research paper and its objectives aim to shed light on the issue of women's empowerment regarding their rights at both, the level of international conventions as well as legal texts. In addition to this, the Algerian legislator had attempted to reconcile with the provisions of the Convention on the Elimination of all forms such as Discrimination against Women whether through the rules of family law or those rules that are derived from Islamic law.},
     year = {2023}
    }
    

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    AB  - It is well established that the international community, and particularly Western society, follows the belief that women, especially Arab Muslims, do not enjoy a measure of freedom, for the reason that they are not considered to have de facto equality with men in rights before duties. This has resulted in suffering regarding all forms of blatant discrimination and this is not in line with the principles preached by the human rights advocated by international organizations and conventions. The latter clearly necessitated the enactment of a convention guaranteeing women's freedom through equality between the rights of women and men and the elimination of all discrimination between them. All this aforementioned discrimination and lack of freedom resulted in the Convention on Elimination. On this basis, the rationale of the present research paper and its objectives aim to shed light on the issue of women's empowerment regarding their rights at both, the level of international conventions as well as legal texts. In addition to this, the Algerian legislator had attempted to reconcile with the provisions of the Convention on the Elimination of all forms such as Discrimination against Women whether through the rules of family law or those rules that are derived from Islamic law.
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Author Information
  • Department of Private Law, Faculty of Law and Political Science, Mohamed Bouguerra Boumerdes University of Algeria, Boumerdes, Algeria

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