مجلة البحوث القانونية و الاقتصادية
Volume 9, Numéro 2, Pages 14-37
2026-05-16

Cedaw Within The Algerian Legal System: Limits Of Commitment And The Effect Of Reservations

Authors : Mebarki Brahim . Benaissa Zaid .

Abstract

This study examines the conceptual framework of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the mechanisms of its implementation within the Algerian legal system. It also analyses the grounds for national reservations intended to reconcile international obligations with the provisions of Islamic Sharīaa. The study concludes that the Algerian legislature has adopted an approach of 'sovereign reconciliation' through substantial legislative reforms affecting the Family Code. Moreover, a gap nevertheless persists between international expectations and national particularity, which the Charter of the United Nations recognises within the framework of respect for cultural and religious diversity.

Keywords

CEDAW ; Family Code ; Islamic Sharīaa ; reservations ; international obligation