It must be emphasized that Syria is obliged to ensure the prohibition of
discrimination based on gender, since it is part of customary international
law as affirmed by the International Court of Justice. Therefore, all States
are obliged to reinforce it, irrespective of their treaty ratifications.
International treaties and conventions do not oblige the Syrian regime to
adopt protection measures only, they are also obliged to adopt positive
measures in order to achieve effective and equal women’s empowerment in
all fields. According to article 2 of ICCPR67,Each State Party to the present
Covenant undertakes to respect and to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in the present
Covenant...”.
Whereas article 2 of CEDAW imposes an obligation on all States to undertake measures and actions to eliminate the laws and abolish practices that
discriminate, directly or indirectly, against women68.The article on which
the Syrian regime initially entered reservations for being contrary to Sharia
laws, which is the same pretext used against article 9 of the Convention.
However, the regime soon issued Decree No. 23069 to withdraw the reservation as long as the measures are not in conflict with Sharia laws. This conveys that the Syrian regime does not commit to undertaking the measures
deemed unfit to serve its visions regarding women’s rights.
79
It must be noted that article 19(c) of the Vienna70 Convention on the Law of
Treaties stipulates that signatory States may not enter a reservation if it is
incompatible with the purpose of the treaty. Which means that Syria’s reservation on articles 2 and 9 of the CEDAW is prohibited by international
law. Thus, Syria must undertake all appropriate measures to abolish laws
and practices discriminating against women, primarily granting them the
right to maternal filiation and to confer nationality to their children.
67
68
Article 2
69
70
1969
71
International Covenant on Civil and Political Rights- article 2&3
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)Legislative Decree No. 230/2017
Vienna Convention on the law of treaties (with annex). Concluded at Vienna on 23 May
Universal Declaration of Human Rights
HUMANS WITHOUT RIGHTS
The right to nationality is a fundamental human right, as article 15 of the
Universal Declaration of Human Rights stipulates71, ““Everyone has the
right to a nationality”. Moreover, International Human Rights Law stresses
that the right of States to determine their nationals is not absolute, and that
States must comply with human rights, especially regarding the granting
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