Introduction
Over the past seven decades, international law has undergone a profound transformation in its treatment of women's rights and gender equality. A new academic paper examining this evolution concludes that although global legal frameworks have expanded dramatically-from general human rights declarations to specialized treaties addressing discrimination-women and girls around the world continue to face systemic barriers that hinder full equality.
By Juliet Yamah Dickson, contributing writer | Student, Cuttington University Graduate School of Global Affairs and Policy
From Universal Rights to Gender-Specific Protections
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The modern era of women's rights in international law began in 1945 with the founding of the United Nations (UN). For the first time, an international treaty the UN Charter formally recognized "the equal rights of men and women." This principle was reinforced in 1948 by the Universal Declaration of Human Rights, which proclaimed equal dignity and rights for all people.
But as the paper notes, these early instruments did not explicitly address the realities of gender discrimination. Human rights law was drafted in a male-dominated world and tended to assume a gender-neutral framework that often-overlooked women lived experiences. It was only in the 1960s and 1970s, amid the rise of global feminist movements, that activists and scholars began pressing the international community to craft stronger protections.
This pressure resulted in major global conferences dedicated to women's rights and, ultimately, the adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979. Widely regarded as the most comprehensive international treaty on women's rights, CEDAW remains the cornerstone of global gender equality law.
CEDAW's Transformative Contributions
CEDAW marked a major shift by moving beyond formal legal equality to a broader concept of substantive equality a recognition that women cannot achieve equal outcomes if societies fail to address structural and cultural barriers.
The treaty requires states to eliminate discrimination not only in public spaces such as schools and workplaces but also within the family and private life. It also allows for temporary affirmative measures and obligates governments to challenge stereotypes and cultural norms that reinforce gender inequality.
In 1999, the CEDAW Optional Protocol further empowered individuals to bring complaints directly to the CEDAW Committee and authorized investigations into grave violations.
Highlights of Law Influence by CEDAW
The paper highlights several positive impacts of CEDAW across the world, including reforms to domestic violence laws, criminalization of marital rape, expanded political participation for women, improved inheritance rights, and increased access to education and health care. However, it also points out that more than 50 countries have ratified CEDAW with reservations some targeting core obligations which weakens its universal application.
Expanding Legal Protections Across Multiple Regimes
International law now protects women's rights through multiple avenues, not just CEDAW. These include:
International human rights law. UN bodies such as the Human Rights Council and treaty committees issue recommendations on issues like maternal health, labour rights, and equal access to justice.
International criminal law. The Rome Statute of the International Criminal Court (ICC) recognizes rape, sexual slavery, forced pregnancy, and other abuses as war crimes, crimes against humanity, or acts of genocide. This is a significant step forward from earlier tribunals that rarely prosecuted gender-based crimes.
International labor law. The International Labor Organization (ILO) has set standards for equal pay, maternity protection, and safe workplaces free from harassment.
Refugee law. UNHCR guidelines acknowledge gender-related persecution including forced marriage, domestic violence, and female genital mutilation as valid grounds for asylum.
Regional treaties. Africa's Maputo Protocol, Europe's Istanbul Convention, and the Inter-American Convention of Belém do Pará establish some of the strongest protections for women at the regional level, especially concerning violence and reproductive rights.
Persistent Challenges to Women's Rights
Despite major progress, gender inequality remains deeply rooted. The paper outlines several ongoing challenges:
Violence against women. Domestic violence, sexual assault, trafficking, and harmful practices like forced marriage and female genital mutilation remain widespread. International law now clearly identifies violence against women as a human rights violation, but enforcement remains weak in many countries.
Reproductive health and rights. Access to reproductive health care, family planning, and maternal services varies widely. In some regions, restrictive laws and cultural norms continue to deny women autonomy over their bodies.
Economic inequality. Wage gaps, unpaid care work, limited employment opportunities, and discriminatory labour practices still constrain women's economic empowerment.
Political underrepresentation. Although more women are entering public office, they remain underrepresented in parliaments, cabinets, and peace negotiations worldwide.
Cultural and social barriers. Patriarchal structures rooted in tradition, religion, and custom continue to influence laws and shape attitudes. In many societies, discriminatory norms remain entrenched despite legal reforms.
Weak legal enforcement. Many governments have not incorporated international obligations into national laws. Others lack resources, capacity, or political will to implement change.
Intersectional discrimination. Women who belong to marginalized racial, ethnic, economic, or social groups face overlapping forms of discrimination that international law has only recently begun to address.
Strategies for Strengthening Women's Rights Globally
The paper emphasizes that stronger enforcement not new laws is the key to advancing women's rights. It recommends several strategies:
· Domestic law reform: Countries must incorporate treaty obligations into national constitutions and legislation.
· Robust monitoring: Strengthening the powers of the CEDAW Committee and improving the Universal Periodic Review process can help hold states accountable.
· Increased funding: Governments and international institutions should invest in shelters, legal aid, health services, and educational programs.
· Cultural transformation: Media, community dialogue, and engagement with men and boys are essential to shift harmful norms.
· Support for civil society: Local women's movements play a crucial role in pushing for legal and social change.
· Stronger regional systems: Expanding and reinforcing existing African, European, and Inter-American frameworks can improve accountability.
Conclusion
The paper concludes that while international law has made remarkable progress in recognizing and protecting women's rights, many of these gains remain uneven or fragile. Laws alone are not enough. Real change requires political will, social transformation, and sustained advocacy at every level.
International treaties provide the tools. But only when governments, civil society, and global institutions work together can the promise of gender equality truly be fulfilled. The study stresses that achieving this vision will require continued commitment to the principles of dignity, autonomy, and equal opportunity for all women and girls.
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NOTE: This essay was part of the International Law course's activities taught by Dr. Mory Sumaworo (Ph.D.), Lecturer at Cuttington University Graduate School of Global Affairs and Policy.
REFERENCES
Belém do Pará Convention. (1994). Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.
Byrnes, A. (2002). The Convention on the Elimination of All Forms of Discrimination against Women. In K. D. Askin & D. Koenig (Eds.), Women and International Human Rights Law.
CEDAW. (1979). Convention on the Elimination of All Forms of Discrimination against Women.
Charlesworth, H., & Chinkin, C. (1993). The gender of jus cogens. Human Rights Quarterly, 15 (1), 63-76.
Freeman, M. (2017). Women's Rights. Polity Press.
Istanbul Convention. (2011). Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.
International Criminal Court (ICC). (1998). Rome Statute of the International Criminal Court.
ILO. (2019). ILO Convention 190 on Violence and Harassment.
Maputo Protocol. (2003). Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa.
UN Charter. (1945). Charter of the United Nations.
UN Women. (2023). Progress of the World's Women: In Pursuit of Justice.
UDHR. (1948). Universal Declaration of Human Rights.
UNSCR 1325. (2000). United Nations Security Council Resolution on Women, Peace and Security.
Juliet Yamah Dickson is a
Student of Cuttington University Graduate School of Global Affairs and Policy.
