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Convention
on the Elimination of All Forms of Discrimination
against Women
Adopted
and opened for signature, ratification and accession by
General Assembly resolution 34/180 of 18 December 1979
entry
into force 3 September 1981, in accordance with article 27(1)
The States Parties to the present Convention,
Noting that
the Charter of the United Nations reaffirms faith in fundamental
human rights, in the dignity and worth of the human person and
in the equal rights of man and women,
Noting that
the Universal Declaration of Human Rights affirms the principle
of the inadmissibility of discrimination and proclaims that all
human beings are born free and equal in dignity and rights and
that everyone is entitled to all the rights and freedoms set forth
therein, without distinction of any kind, including distinction
based on sex,
Noting that
the States Parties to the International Covenants on Human Rights
have the obligation to ensure the equal right of men and women
to enjoy all economic, social, cultural, civil and political rights,
Considering
the international conventions concluded under the auspices of
the United Nations and the specialized agencies promoting equality
of rights of men and women,
Noting also
the resolutions, declarations and recommendations adopted by the
United Nations and the specialized agencies promoting equality
of rights of men and women, Concerned, however, that despite these
various instruments extensive discrimination against women continues
to exist,
Recalling
that discrimination against women violates the principles of equality
of rights and respect for human dignity, is an obstacle to the
participation of women, on equal terms with men, in the political,
social, economic and cultural life of their countries, hampers
the growth of the prosperity of society and the family and makes
more difficult the full development of the potentialities of women
in the service of their countries and of humanity,
Concerned
that in situations of poverty women have the least access to food,
health, education, training and opportunities for employment and
other needs,
Convinced
that the establishment of the new international economic order
based on equity and justice will contribute significantly towards
the promotion of equality between men and women,
Emphasizing
that the eradication of apartheid, of all forms of racism, racial
discrimination, colonialism, neo-colonialism, aggression, foreign
occupation and domination and interference in the internal affairs
of States is essential to the full enjoyment of the rights of
men and women,
Affirming
that the strengthening of international peace and security, relaxation
of international tension, mutual co-operation among all States
irrespective of their social and economic systems, general and
complete disarmament, and in particular nuclear disarmament under
strict and effective international control, the affirmation of
the principles of justice, equality and mutual benefit in relations
among countries and the realization of the right of peoples under
alien and colonial domination and foreign occupation to self-determination
and independence, as well as respect for national sovereignty
and territorial integrity, will promote social progress and development
and as a consequence will contribute to the attainment of full
equality between men and women,
Convinced
that the full and complete development of a country, the welfare
of the world and the cause of peace require the maximum participation
of women on equal terms with men in all fields,
Bearing in
mind the great contribution of women to the welfare of the family
and to the development of society, so far not fully recognized,
the social significance of maternity and the role of both parents
in the family and in the upbringing of children, and aware that
the role of women in procreation should not be a basis for discrimination
but that the upbringing of children requires a sharing of responsibility
between men and women and society as a whole,
Aware that
a change in the traditional role of men as well as the role of
women in society and in the family is needed to achieve full equality
between men and women,
Determined
to implement the principles set forth in the Declaration on the
Elimination of Discrimination against Women and, for that purpose,
to adopt the measures required for the elimination of such discrimination
in all its forms and manifestations,
Have agreed
on the following:
PART
I
Article I
For the purposes
of the present Convention, the term "discrimination against
women" shall mean any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing
or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
Article 2
States Parties
condemn discrimination against women in all its forms, agree to
pursue by all appropriate means and without delay a policy of
eliminating discrimination against women and, to this end, undertake:
(a) To embody
the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated
therein and to ensure, through law and other appropriate means,
the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including
sanctions where appropriate, prohibiting all discrimination against
women;
(c) To establish legal protection of the rights of women on an
equal basis with men and to ensure through competent national
tribunals and other public institutions the effective protection
of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination
against women and to ensure that public authorities and institutions
shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise;
(f) To take
all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which
constitute discrimination against women;
(g) To repeal
all national penal provisions which constitute discrimination
against women.
Article 3
States Parties
shall take in all fields, in particular in the political, social,
economic and cultural fields, all appropriate measures, including
legislation, to en sure the full development and advancement of
women , for the purpose of guaranteeing them the exercise and
enjoyment of human rights and fundamental freedoms on a basis
of equality with men.
Article 4
1. Adoption
by States Parties of temporary special measures aimed at accelerating
de facto equality between men and women shall not be considered
discrimination as defined in the present Convention, but shall
in no way entail as a consequence the maintenance of unequal or
separate standards; these measures shall be discontinued when
the objectives of equality of opportunity and treatment have been
achieved.
2. Adoption by States Parties of special measures, including those
measures contained in the present Convention, aimed at protecting
maternity shall not be considered discriminatory.
Article 5
States Parties
shall take all appropriate measures:
(a) To modify
the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary
and all other practices which are based on the idea of the inferiority
or the superiority of either of the sexes or on stereotyped roles
for men and women;
(b) To ensure that family education includes a proper understanding
of maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development
of their children, it being understood that the interest of the
children is the primordial consideration in all cases.
Article 6
States Parties shall take all appropriate measures, including legislation,
to suppress all forms of traffic in women and exploitation of prostitution
of women.
PART
II
Article 7
States Parties
shall take all appropriate measures to eliminate discrimination
against women in the political and public life of the country and,
in particular, shall ensure to women, on equal terms with men, the
right:
(a) To vote
in all elections and public referenda and to be eligible for election
to all publicly elected bodies;
(b) To participate in the formulation of government policy and
the implementation thereof and to hold public office and perform
all public functions at all levels of government;
(c) To participate
in non-governmental organizations and associations concerned with
the public and political life of the country.
Article 8
States Parties shall take all appropriate measures to ensure to
women, on equal terms with men and without any discrimination, the
opportunity to represent their Governments at the international
level and to participate in the work of international organizations.
Article 9
1. States
Parties shall grant women equal rights with men to acquire, change
or retain their nationality. They shall ensure in particular that
neither marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the nationality
of the wife, render her stateless or force upon her the nationality
of the husband.
2. States Parties shall grant women equal rights with men with
respect to the nationality of their children.
PART III
Article
10
States
Parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in
the field of education and in particular to ensure, on a basis of
equality of men and women:
(a) The same
conditions for career and vocational guidance, for access to studies
and for the achievement of diplomas in educational establishments
of all categories in rural as well as in urban areas; this equality
shall be ensured in pre-school, general, technical, professional
and higher technical education, as well as in all types of vocational
training;
(b) Access to the same curricula, the same examinations, teaching
staff with qualifications of the same standard and school premises
and equipment of the same quality;
(c) The elimination of any stereotyped concept of the roles of
men and women at all levels and in all forms of education by encouraging
coeducation and other types of education which will help to achieve
this aim and, in particular, by the revision of textbooks and
school programmes and the adaptation of teaching methods;
(d ) The same opportunities to benefit from scholarships and other
study grants;
(e) The same opportunities for access to programmes of continuing
education, including adult and functional literacy programmes,
particulary those aimed at reducing, at the earliest possible
time, any gap in education existing between men and women;
(f) The reduction of female student drop-out rates and the organization
of programmes for girls and women who have left school prematurely;
(g) The same Opportunities to participate actively in sports and
physical education;
(h) Access to specific educational information to help to ensure
the health and well-being of families, including information and
advice on family planning.
Article 11
1. States Parties
shall take all appropriate measures to eliminate discrimination
against women in the field of employment in order to ensure, on
a basis of equality of men and women, the same rights, in particular:
(a) The right
to work as an inalienable right of all human beings;
(b) The right to the same employment opportunities, including
the application of the same criteria for selection in matters
of employment;
(c) The right to free choice of profession and employment, the
right to promotion, job security and all benefits and conditions
of service and the right to receive vocational training and retraining,
including apprenticeships, advanced vocational training and recurrent
training;
(d) The right to equal remuneration, including benefits, and to
equal treatment in respect of work of equal value, as well as
equality of treatment in the evaluation of the quality of work;
(e) The right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity
to work, as well as the right to paid leave;
(f) The right to protection of health and to safety in working
conditions, including the safeguarding of the function of reproduction.
2. In order
to prevent discrimination against women on the grounds of marriage
or maternity and to ensure their effective right to work, States
Parties shall take appropriate measures:
(a) To prohibit,
subject to the imposition of sanctions, dismissal on the grounds
of pregnancy or of maternity leave and discrimination in dismissals
on the basis of marital status;
(b) To introduce maternity leave with pay or with comparable social
benefits without loss of former employment, seniority or social
allowances;
(c) To encourage the provision of the necessary supporting social
services to enable parents to combine family obligations with
work responsibilities and participation in public life, in particular
through promoting the establishment and development of a network
of child-care facilities;
(d) To provide special protection to women during pregnancy in
types of work proved to be harmful to them.
3. Protective
legislation relating to matters covered in this article shall be
reviewed periodically in the light of scientific and technological
knowledge and shall be revised, repealed or extended as necessary.
Article 12
1. States Parties
shall take all appropriate measures to eliminate discrimination
against women in the field of health care in order to ensure, on
a basis of equality of men and women, access to health care services,
including those related to family planning.
2. Notwithstanding
the provisions of paragraph I of this article, States Parties shall
ensure to women appropriate services in connection with pregnancy,
confinement and the post-natal period, granting free services where
necessary, as well as adequate nutrition during pregnancy and lactation.
Article 13
States Parties
shall take all appropriate measures to eliminate discrimination
against women in other areas of economic and social life in order
to ensure, on a basis of equality of men and women, the same rights,
in particular:
(a) The right
to family benefits;
(b) The right to bank loans, mortgages and other forms of financial
credit;
(c) The right to participate in recreational activities, sports
and all aspects of cultural life.
Article 14
1. States Parties
shall take into account the particular problems faced by rural women
and the significant roles which rural women play in the economic
survival of their families, including their work in the non-monetized
sectors of the economy, and shall take all appropriate measures
to ensure the application of the provisions of the present Convention
to women in rural areas.
2. States Parties
shall take all appropriate measures to eliminate discrimination
against women in rural areas in order to ensure, on a basis of equality
of men and women, that they participate in and benefit from rural
development and, in particular, shall ensure to such women the right:
(a) To participate
in the elaboration and implementation of development planning
at all levels;
(b) To have access to adequate health care facilities, including
information, counselling and services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and
non-formal, including that relating to functional literacy, as
well as, inter alia, the benefit of all community and extension
services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to
obtain equal access to economic opportunities through employment
or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing
facilities, appropriate technology and equal treatment in land
and agrarian reform as well as in land resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation
to housing, sanitation, electricity and water supply, transport
and communications.
PART
IV
Article
15
1.
States Parties shall accord to women equality with men before the
law.
2. States Parties shall accord to women, in civil matters, a legal
capacity identical to that of men and the same opportunities to
exercise that capacity. In particular, they shall give women equal
rights to conclude contracts and to administer property and shall
treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private
instruments of any kind with a legal effect which is directed at
restricting the legal capacity of women shall be deemed null and
void.
4. States Parties shall accord to men and women the same rights
with regard to the law relating to the movement of persons and the
freedom to choose their residence and domicile.
Article 16
1. States Parties
shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations
and in particular shall ensure, on a basis of equality of men and
women:
(a) The same
right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into
marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at
its dissolution;
(d) The same rights and responsibilities as parents, irrespective
of their marital status, in matters relating to their children;
in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number
and spacing of their children and to have access to the information,
education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions
where these concepts exist in national legislation; in all cases
the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the
right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership,
acquisition, management, administration, enjoyment and disposition
of property, whether free of charge or for a valuable consideration.
2. The betrothal
and the marriage of a child shall have no legal effect, and all
necessary action, including legislation, shall be taken to specify
a minimum age for marriage and to make the registration of marriages
in an official registry compulsory.
PART
V
Article
17
1.
For the purpose of considering the progress made in the implementation
of the present Convention, there shall be established a Committee
on the Elimination of Discrimination against Women (hereinafter
referred to as the Committee) consisting, at the time of entry into
force of the Convention, of eighteen and, after ratification of
or accession to the Convention by the thirty-fifth State Party,
of twenty-three experts of high moral standing and competence in
the field covered by the Convention. The experts shall be elected
by States Parties from among their nationals and shall serve in
their personal capacity, consideration being given to equitable
geographical distribution and to the representation of the different
forms of civilization as well as the principal legal systems.
2. The members of the Committee shall be elected by secret ballot
from a list of persons nominated by States Parties. Each State Party
may nominate one person from among its own nationals.
3. The initial election shall be held six months after the date
of the entry into force of the present Convention. At least three
months before the date of each election the Secretary-General of
the United Nations shall address a letter to the States Parties
inviting them to submit their nominations within two months. The
Secretary-General shall prepare a list in alphabetical order of
all persons thus nominated, indicating the States Parties which
have nominated them, and shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a
meeting of States Parties convened by the Secretary-General at United
Nations Headquarters. At that meeting, for which two thirds of the
States Parties shall constitute a quorum, the persons elected to
the Committee shall be those nominees who obtain the largest number
of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
5. The members of the Committee shall be elected for a term of four
years. However, the terms of nine of the members elected at the
first election shall expire at the end of two years; immediately
after the first election the names of these nine members shall be
chosen by lot by the Chairman of the Committee.
6. The election of the five additional members of the Committee
shall be held in accordance with the provisions of paragraphs 2,
3 and 4 of this article, following the thirty-fifth ratification
or accession. The terms of two of the additional members elected
on this occasion shall expire at the end of two years, the names
of these two members having been chosen by lot by the Chairman of
the Committee.
7. For the filling of casual vacancies, the State Party whose expert
has ceased to function as a member of the Committee shall appoint
another expert from among its nationals, subject to the approval
of the Committee.
8. The members of the Committee shall, with the approval of the
General Assembly, receive emoluments from United Nations resources
on such terms and conditions as the Assembly may decide, having
regard to the importance of the Committee's responsibilities.
9. The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance of
the functions of the Committee under the present Convention.
Article 18
1. States Parties
undertake to submit to the Secretary-General of the United Nations,
for consideration by the Committee, a report on the legislative,
judicial, administrative or other measures which they have adopted
to give effect to the provisions of the present Convention and on
the progress made in this respect:
(a) Within
one year after the entry into force for the State concerned;
(b) Thereafter at least every four years and further whenever
the Committee so requests.
2. Reports may
indicate factors and difficulties affecting the degree of fulfilment
of obligations under the present Convention.
Article 19
1. The Committee
shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
Article 20
1. The Committee
shall normally meet for a period of not more than two weeks annually
in order to consider the reports submitted in accordance with article
18 of the present Convention.
2. The meetings of the Committee shall normally be held at United
Nations Headquarters or at any other convenient place as determined
by the Committee.
Article 21
1. The Committee
shall, through the Economic and Social Council, report annually
to the General Assembly of the United Nations on its activities
and may make suggestions and general recommendations based on the
examination of reports and information received from the States
Parties. Such suggestions and general recommendations shall be included
in the report of the Committee together with comments, if any, from
States Parties.
2. The Secretary-General of the United Nations shall transmit the
reports of the Committee to the Commission on the Status of Women
for its information.
Article 22
The specialized
agencies shall be entitled to be represented at the consideration
of the implementation of such provisions of the present Convention
as fall within the scope of their activities. The Committee may
invite the specialized agencies to submit reports on the implementation
of the Convention in areas falling within the scope of their activities.
PART
VI
Article 23
Nothing in the
present Convention shall affect any provisions that are more conducive
to the achievement of equality between men and women which may be
contained:
(a) In the
legislation of a State Party; or
(b) In any other international convention, treaty or agreement
in force for that State.
Article 24
States Parties
undertake to adopt all necessary measures at the national level
aimed at achieving the full realization of the rights recognized
in the present Convention.
Article 25
1. The present
Convention shall be open for signature by all States.
2. The Secretary-General of the United Nations is designated as
the depositary of the present Convention.
3. The present Convention is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General of
the United Nations.
4. The present Convention shall be open to accession by all States.
Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
Article 26
1. A request
for the revision of the present Convention may be made at any time
by any State Party by means of a notification in writing addressed
to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon
the steps, if any, to be taken in respect of such a request.
Article 27
1. The present
Convention shall enter into force on the thirtieth day after the
date of deposit with the Secretary-General of the United Nations
of the twentieth instrument of ratification or accession.
2. For each State ratifying the present Convention or acceding to
it after the deposit of the twentieth instrument of ratification
or accession, the Convention shall enter into force on the thirtieth
day after the date of the deposit of its own instrument of ratification
or accession.
Article 28
1. The Secretary-General
of the United Nations shall receive and circulate to all States
the text of reservations made by States at the time of ratification
or accession.
2. A reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to
this effect addressed to the Secretary-General of the United Nations,
who shall then inform all States thereof. Such notification shall
take effect on the date on which it is received.
Article 29
1. Any dispute
between two or more States Parties concerning the interpretation
or application of the present Convention which is not settled by
negotiation shall, at the request of one of them, be submitted to
arbitration. If within six months from the date of the request for
arbitration the parties are unable to agree on the organization
of the arbitration, any one of those parties may refer the dispute
to the International Court of Justice by request in conformity with
the Statute of the Court.
2. Each State Party may at the time of signature or ratification
of the present Convention or accession thereto declare that it does
not consider itself bound by paragraph I of this article. The other
States Parties shall not be bound by that paragraph with respect
to any State Party which has made such a reservation.
3. Any State Party which has made a reservation in accordance with
paragraph 2 of this article may at any time withdraw that reservation
by notification to the Secretary-General of the United Nations.
Article 30
The present
Convention, the Arabic, Chinese, English, French, Russian and Spanish
texts of which are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN WITNESS WHEREOF
the undersigned, duly authorized, have signed the present Convention.
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