International Law and the Gender equality priciple

INTRODUCTION:

Recognition of gender equality into a principle that is part of CIL will have widespread impact, since all states will be internationally accountable for any discriminatory practices concerning gender. However although treaties, most notably CEDAW, tribunals, special rapporteur reports and judicial decisions suggest that gender equality has matured into a CIN, this norm has unfortunately not reached the status of CIL. Barriers such as cultural and religious practices, CEDAW inefficiencies and the amount of reservations which defeat the purpose of the CEDAW convention, suggest that there is no generality of state practise. The standards for ascertaining whether the gender equality principle has matured into CIL are the existence of Opinio Juris (what states are obliged to do) and state practice. Where there is a lack of state practice the maturation of the gender equality principle into CIL will be undermined.

CUSTOMARY INTERNATIONAL NORM:

Opinio Juris in t...