CEDAW/C/GC/28
responsibility of the State party’s national or federal Government to fulfil its obligations to
all women within its jurisdiction. In all circumstances, the State party that ratified or
acceded to the Convention remains responsible for ensuring full implementation throughout
the territories under its jurisdiction. In any process of devolution, States parties have to
make sure that the devolved authorities have the necessary financial, human and other
resources to effectively and fully implement the obligations of the State party under the
Convention. The Governments of States parties must retain powers to require such full
compliance with the Convention and must establish permanent coordination and monitoring
mechanisms to ensure that the Convention is respected and applied to all women within
their jurisdiction without discrimination. Furthermore, there must be safeguards to ensure
that decentralization or devolution does not lead to discrimination with regard to the
enjoyment of rights by women in different regions.
40.
Effective implementation of the Convention requires that a State party be
accountable to its citizens and other members of its community at both the national and
international levels. In order for this accountability function to work effectively, appropriate
mechanisms and institutions must be put in place.
C.
Reservations
41.
The Committee considers article 2 to be the very essence of the obligations of States
parties under the Convention. The Committee therefore considers reservations to article 2
or to subparagraphs of article 2 to be, in principle, incompatible with the object and purpose
of the Convention and thus impermissible under article 28, paragraph 2. States parties that
have entered reservations to article 2 or to subparagraphs of article 2 should explain the
practical effect of those reservations on the implementation of the Convention and should
indicate the steps taken to keep the reservations under review, with the goal of withdrawing
them as soon as possible.
42.
The fact that a State party has entered a reservation to article 2 or to subparagraphs
of article 2 does not remove the need for that State party to comply with its other
obligations under international law, including its obligations under other human rights
treaties that the State party has ratified or to which it has acceded and under customary
international human rights law relating to the elimination of discrimination against women.
Where there is a discrepancy between reservations to provisions of the Convention and
similar obligations under other international human rights treaties ratified by a State party
or to which it has acceded, it should review its reservations to the Convention with a view
to withdrawing them.
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