Optional Protocol To The Convention On The Elimination of All Forms of Discrimination Against Women - Impact and Criticism

Impact and Criticism

The impact of an international treaty can be measured in two ways: by its acceptance, and by its implementation. On the first measure, the Optional Protocol has gained widespread international acceptance. Most major states are parties, and the Protocol is the second most-accepted enforcement mechanism after the First Optional Protocol to the International Covenant on Civil and Political Rights.

On the second measure, the number of complaints dealt with by the Committee has been limited. A 2008 assessment for the UK government found that the Protocol had hardly been used by NGOs as originally expected, that the reasoning of the Committee was unpredictable, and that it had not had an impact on policy-making. It found that there had been some limited success in highlighting the importance of effective policies to protect women from domestic violence and forced sterilization, but that outside these areas, the Protocol "has not led to a breakthrough in advancing women’s rights." It concludes that unless greater efforts are made to highlight awareness of the Optional Protocol and build trust in the rulings of the Committee, the complaints mechanism will remain under-utilized.

The Protocol has been criticised by legal academics such as Bal Sokhi-Bulley and feminists such as Catharine MacKinnon who view the complaints mechanism as difficult, lengthy, and lacking transparency. The voluntary nature of the Protocol and the non-binding nature of its "recommendations" are seen as key limits on its effectiveness. Despite this, these critics tend to view the Protocol as a valuable, if flawed, instrument for realizing women's rights.