In an article in the latest issue of the International Journal of Discrimination and the Law, Catherine Briddick focuses on discrimination against women in migration control. She analyses the CEDAW Committee’s General Recommendations and Views on individual complaints, to evaluate its contribution to the elimination of discrimination against women experienced in the context of migration control. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women.
The article makes two arguments. First, the Committee’s General Recommendations contain a range of doctrinal and empirical shortcomings, and second, the Committee’s decisions, in communications concerned with discrimination experienced in the context of migration control, are inconsistent with those standards that it has set, and with the decisions it makes in other types of cases. A detailed analysis of the jurisprudence grounds the conclusion that the Committee is, in practice, according States a margin of appreciation that varies according to the subject of the complaint.
Read the article: Unprincipled and unrealised: CEDAW and discrimination experienced in the context of migration control