Sexual Orientation, Gender Identity & CEDAW Article 16: An Anti-Essentialist Proposal
Vol. 27
June 2021
Page 241
Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) addresses women’s rights to make decisions regarding marriage and family life, including reproductive choices. Article 16 is controversial, as many countries which have adopted CEDAW posit that Article 16 infringes on cultural and religious beliefs. Although Article 16 makes positive strides toward broadening women’s autonomy, it may fall short in failing to account for sexual orientation and gender identity. This article proposes efforts to make Article 16 more inclusive of LGBTI issues.
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Vol. 27
June 2021
Page 241
Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) addresses women’s rights to make decisions regarding marriage and family life, including reproductive choices. Article 16 is controversial, as many countries which have adopted CEDAW posit that Article 16 infringes on cultural and religious beliefs. Although Article 16 makes positive strides toward broadening women’s autonomy, it may fall short in failing to account for sexual orientation and gender identity. This article proposes efforts to make Article 16 more inclusive of LGBTI issues.