Enhancing LGBTI Rights by Changing the Interpretation of the Convention on the Elimination of All Forms of Discrimination Against Women?

Abstract

At first sight, it seems clear that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) aims to eliminate discrimination against (only) women. However, a legal analysis of the object and purpose of the Convention reveals that CEDAW, in particular article 5a (which requires modification of ‘cultural patterns of conduct’), could be instrumental in addressing at least some aspects of LGBTI rights. Nevertheless, an analysis of Concluding Observations adopted by the Committee since 2010 reveals that the Committee, the body entrusted both with monitoring the implementation of the Convention and acting as its principal interpreter, does not yet use the possibility offered under article 5a to interpret the Convention in such a way. This article argues that the most realistic (albeit slow) way to enhance LGBTI rights within the framework of the CEDAW Convention seems to be to encourage state parties and non-governmental organisations to include discussions of discrimination against LGBTI persons in their Country Reports and Shadow Reports to the Committee, thereby inviting the Committee to reflect on LGBTI discrimination.