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4 - The Impact of International Law

Published online by Cambridge University Press:  19 February 2019

Dörthe Engelcke
Affiliation:
Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
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Summary

This chapter traces state and non-state actors’ engagement with the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). It demonstrates that engagement with CEDAW triggered debate over family law, led to institutional change, and encouraged states to reform their respective laws. All family law reforms that were initiated after independence occurred after acceding to CEDAW. However, the outcome of these reforms, such as the 2010 Jordanian family law, is often in violation of CEDAW. CEDAW documents demonstrate that the Moroccan and Jordanian governments articulate opinions that considerably overlap with the positions of socially conservative actors like Islamists. Portraying family law reform as a conflict between Islamists and ostensibly progressive state elites is therefore too simplistic. Moreover, the increasing representation of social-conservatives on the international level suggests that a mechanism designed to advance gender equality might help opposition to coordinate and mobilize against this very same goal. In Morocco, in contrast to Jordan, opposition to CEDAW was better managed from above with no state institution publically opposing the convention. This seems to suggest that international law enjoys greater political support in Morocco than in Jordan and that religious institutions enjoy more autonomy in Jordan than in Morocco.
Type
Chapter
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Reforming Family Law
Social and Political Change in Jordan and Morocco
, pp. 87 - 112
Publisher: Cambridge University Press
Print publication year: 2019

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  • The Impact of International Law
  • Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
  • Book: Reforming Family Law
  • Online publication: 19 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108634342.004
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  • The Impact of International Law
  • Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
  • Book: Reforming Family Law
  • Online publication: 19 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108634342.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Impact of International Law
  • Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
  • Book: Reforming Family Law
  • Online publication: 19 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108634342.004
Available formats
×