Die Voraussetzung gescheiterter Verhandlungen in der Streitbeilegungsklausel der UN-Frauenrechtskonvention

Claims before the ICJ for alleged human rights violations are increasingly based on the compromissory clauses in human rights treaties. The requirement that the claimant state must have negotiated with the defendant state before bringing the case before the ICJ leads to a delay of several years between the allegations have first occurred and the actual adjudication by the ICJ. The failed-negotiation requirement can thereby seriously impair the protection of human rights. This article examines the failed-negotiation requirement in CEDAW’s compromissory clause. Based on the CEDAW violations in Afghanistan, it argues that CEDAW’s compromissory clause has substantive legal implications and should thus enable expeditious access to the ICJ.