Study of intellectual roots of women's rights with a critical approach of the CEDAW

Document Type : Original Article

Authors

1 PhD student in Theology, Jurisprudence and Fundamentals of Law, Islamic Azad University, North Tehran Branch, Tehran, Iran

2 Faculty of Theology, Jurisprudence and Fundamentals of Law, Islamic Azad University, North Tehran Branch, Tehran, Iran (Corresponding Author)

Abstract

According to the Convention on the Rights of Women, any discrimination against women should be abolished and women should have equal rights with men, but the humanist, feminist and secularist roots of this convention prevent all aspects of women's rights from being addressed in society. These Western ideas have caused political and economic rights to be considered more than civil and social rights, and this issue has led to double discrimination against women. That is how the construction of rights from women is such that women have established themselves in a position of dependence and only dependence from patriarchy has been transferred to legal institutions such as government institutions. The convention also, with its negative approach, causes a gender gap in the legal system of societies. Because the existing model of defending women's rights in this convention is born of a special type of principles and intellectual principles accepted in the West, which leads to the dependent construction of women in human rights. In other words, the intellectual context of the convention has led to the construction of women And a female identity should be produced in the shadow of a patriarchal view that applies the same structures of domination to women with a different view. This view has meant that, more than half a century later, the Convention on the Elimination of All Forms of Discrimination against Women has failed to achieve significant or lasting results in favor of women.

Keywords

Political Sociology of Iran
Volume 5, Issue 8
October 2022
Pages 1789-1808

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