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Unprincipled and unrealised : CEDAW and discrimination experienced in the context of migration control
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Briddick, Catherine (2022) Unprincipled and unrealised : CEDAW and discrimination experienced in the context of migration control. International Journal of Discrimination and the Law, 22 (3). pp. 224-243. doi:10.1177/13582291221114082 ISSN 1358-2291.
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Official URL: http://dx.doi.org/10.1177/13582291221114082
Abstract
This article analyses the CEDAW Committee’s General Recommendations and Views on individual complaints, to evaluate its contribution to the elimination of discrimination against women experienced in the context of migration control. It makes two arguments. First, the Committee’s General Recommendations contain a range of doctrinal and empirical shortcomings. This opacity, and these omissions, considerably reduce the value of the Committee’s statements as a means by which States’ discriminatory migration control practices might be contested. Second, the Committee’s decisions, in communications concerned with discrimination experienced in the context of migration control, are inconsistent with those standards that it has set, and with the decisions it makes in other types of cases. A detailed analysis of the jurisprudence grounds the conclusion that the Committee is, in practice, according States a margin of appreciation that varies according to the subject of the complaint. Particular, representative communications are drawn on to argue that the margin granted in cases concerned with migration control is over-wide, characteristic not of appropriate (quasi) judicial restraint, but unprincipled deference. The article concludes by suggesting how some of the criticisms outlined may be remedied, notably by the Committee adopting its own justification and proportionality assessment.
Item Type: | Journal Article | ||||||
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Subjects: | J Political Science > JV Colonies and colonization. Emigration and immigration. International migration K Law [Moys] > KC International Law |
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Library of Congress Subject Headings (LCSH): | United Nations. Committee on the Elimination of Discrimination Against Women., Sex discrimination against women -- Law and legislation, Women's rights, Women (International law), Emigration and immigration | ||||||
Journal or Publication Title: | International Journal of Discrimination and the Law | ||||||
Publisher: | Sage | ||||||
ISSN: | 1358-2291 | ||||||
Official Date: | September 2022 | ||||||
Dates: |
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Volume: | 22 | ||||||
Number: | 3 | ||||||
Page Range: | pp. 224-243 | ||||||
DOI: | 10.1177/13582291221114082 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Open Access (Creative Commons) | ||||||
Date of first compliant deposit: | 14 September 2022 | ||||||
Date of first compliant Open Access: | 14 September 2022 | ||||||
RIOXX Funder/Project Grant: |
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