The CEDAW Agreement in the Palestinian Case between the Requirements of the Text and the Challenges of Practice رسالة ماجستير

Abstract

This research aims to conduct a comprehensive analysis of women's rights, along with the international standards set by the (CEDAW) convention with the legislative, political, economic, social and cultural realities faced by Palestinian women. The study came up with a main question, which is, what are the obstacles to the implementation of the CEDAW agreement in Palestine The study is structured in two main chapters. The first chapter deals with the historical context of the women's convention, explores the waves of feminism, the influence of feminist ideology on international legal instruments, and the role of the United Nations in organizing women's rights. It then examines the principles of the convention on the elimination of all forms of discrimination against women, fundamental rights, and challenges in its implementation. The second chapter deals with the Palestinian situation after its accession to the convention on the elimination of all forms of discrimination against women. It provides an overview of feminism in Palestine, historical development, the impact of political stages on the women's movement, and the subsequent accession to the convention. The legislative, political, economic, social and cultural realities of Palestinian women are dissected, focusing on the differences between domestic legislation and the convention on the elimination of all forms of discrimination against women. The research uses the legal analytical descriptive approach, through a review of the legal literature and case studies. By examining the Palestinian legislative landscape through the lens of International Women's rights standards, this research contributes to understanding the challenges faced by Palestinian women that prevent the achievement of equality and non-discrimination. The study concluded that the current situation of VI Palestinian women does not meet the standards of equality and non-discrimination set out in the convention. Legal reforms need real political will to reach the desired goal, and legal texts that reflect the culture of society need to communicate with the new youth vision that is separate from outdated customs and traditions and enshrines discriminatory social patterns. In addition, the Palestinian legislator needs to provide an interpretation of the texts of Islamic law in a new way, separate from the Islamic history that is not contemporary with the current reality. These results can be useful in legal reforms or advocacy initiatives, civil society institutions and help decision-makers in promoting women's rights in the Palestinian context.