CEDAW/C/GC/29
VIII.
Reservations
54.
In its 1998 statement on reservations to the Convention, f the Committee expressed
concern about the number and the nature of reservations. In paragraph 6, it specifically
noted that:
Articles 2 and 16 are considered by the Committee to be core provisions of
the Convention. Although some States parties have withdrawn reservations
to those articles, the Committee is particularly concerned at the number and
extent of reservations entered to those articles.
In respect of article 16, the Committee specifically stated in paragraph 17 that:
Neither traditional, religious or cultural practice nor incompatible domestic
laws and policies can justify violations of the Convention. The Committee
also remains convinced that reservations to article 16, whether lodged for
national, traditional, religious or cultural reasons, are incompatible with the
Convention and therefore impermissible and should be reviewed and
modified or withdrawn.
55.
With respect to reservations relating to religious laws and practices, the Committee
recognizes that since 1998 a number of States parties have modified their laws to provide
for equality in at least some aspects of family relations. It continues to recommend that
States parties take “into consideration the experiences of countries with similar religious
backgrounds and legal systems that have successfully accommodated domestic legislation
to commitments emanating from international legally binding instruments, with a view to”
withdrawing reservations. g
f
g
10
A/53/38/Rev.1, part two.
CEDAW/C/ARE/CO/1 (2010), on concluding observations, United Arab Emirates, para. 46.