Incompatibility of reservations in context of Human Rights

It is a common fact that the main objective and aim of implementation of human
rights instruments is to ensure that a substantial and fair protection of human rights standard
is accomplished globally without any discrimination. Despite the fact that it is obligatory and
mandatory for a state member to ensure that the human right standards are safeguarded, it has
to be noted that there is a right granted for state members to make reservations which is well
defined under article 2 of The Vienna onvention on the !aw of Treaties "#$# %V!T&.
In relation to that, one of the main grounds which most of the state members e'ercise
the right of reservation to a human right treaty is on the ground of incompatibility. (enerally,
the rationalisation behind a reservation of treaty would be that the particular treaty or subject
or certain clauses that is in the treaty is said to be incompatible with the national law of a
country or religion as well as local custom and traditions of the community. Therefore, even
though the implementation of human right treaties would bring great benefits, it has to be
noted that such implementation is not an easy task as it has to suit the circumstances in a
particular country before it could be e'ecuted or most likely such treaty would be considered
for reservation.
)ne of the e'amples of reservation of an international treaty pertaining to human
rights which is deemed to be controversial and contentious would be the reservations under
the onvention on the *limination of +ll ,orms of Discrimination against
-omen% *D+-&. *D+- is a prominent international treaty whereby the main goal of
this international treaty is ensure that the vital ideologies and principles human rights is
protected and secured. .oreover, it also plays a role in making sure that women are given
e/ual rights without any biasness all around the world. *ven though, *D+- acts as a
practical outline on the subject of human rights for every country in order to attain fair and
e/ual development for women, a significant point that has to be noted is that *D+- is a
treaty which holds the highest amount of reservations.
The reason behind the fact that *D+- is an international treaty with the highest
number of reservation would be that many countries claimed and were on the view that it is
incompatible with the practice and national law of the country. )ne of the countries which
made a reservation to this treaty by saying it is incompatible would be +lgeria. +lgeria
claimed that the treaty in incompatible as it was inconsistent with one of the laws of the
country which is the +lgerian ,amily ode. Thus after analysing the issues that arose in the
implementation of *D+-, it can be evidently seen that the subject matter pertaining to
human rights is viewed differently in every country and achieving uniformity in this matter
would rather be challenging and thought provoking as V!T permits states to provide for
reservations in treaties under certain circumstances.