Abstract
This Article examines whether the United Nations (“U.N.”) Treaty, the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”), is a “paper tiger”—a law that seems powerful but is in fact weak and ineffectual. While some scholars question the Treaty’s effectiveness based on statistical studies, others point to legal reforms in state parties as evidence of its success. Neither provides a nuanced middle ground by examining the CEDAW at a micro rather than a macro level. This Article fills this gap by conducting a qualitative analysis of 10 Indian judicial opinions. Specifically, the Article explores how the CEDAW, the so-called “Women’s Treaty,” functions on the ground, particularly in workplace sexual harassment cases after India adopted reforms, including the CEDAW in 1993 and Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”), to combat this transnational gender-violence form. Findings reveal that Indian courts apply the Treaty, often resulting in favorable outcomes for relatively privileged women alleging sexual harassment (eight out of 10 cases). In four cases, courts used the CEDAW to create judicial reforms, which broadened protections for women against workplace sexual harassment. In four other cases, courts used it to enforce employers’ compliance with the PoSH Act. But accessibility issues persist for marginalized groups, including lower-class women and trans women, rendering the Treaty ineffective for them. Thus, this Article argues that although the CEDAW successfully addresses gender discrimination for women who have sufficient resources and societal privileges, it remains a paper tiger for those who do not. Therefore, through an intersectional feminist approach, this research underscores the complex interplay between international treaties, domestic legal systems, and social hierarchies in the pursuit of women’s equality. Implications for the United States, one of the few U.N. member states that has yet to ratify the Treaty, are also discussed. As a champion for human rights, the United States should ratify the CEDAW. But, at the same time, the United States should consider the Treaty’s effectiveness for making women’s equality a reality for all women.
Recommended Citation
Stephens, Amanda
(2025)
"Is the Women's Treaty a Paper Tiger? Indian Courts' Application of the United Nations Treaty,"
University of Memphis Law Review: Vol. 55:
Iss.
1, Article 3.
Available at:
https://digitalcommons.memphis.edu/um-law-review/vol55/iss1/3