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The convention
was adopted by the UN General Assembly on 18 December 1979 (resolution 34/180)
and entered into force on 3 September 1981; the text, annexed to the
resolution, is as follows:
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 men 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, all forms of racism, racial discrimination,
colonialism, neocolonialism, 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 that the strengthening of
international peace and security, the relaxation of international tension,
mutual cooperation among all States irrespective of their social and economic
systems, general and complete disarmament, 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:
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.
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.
States
Parties shall take in all fields, in particular in the political, social,
economic and cultural fields, all appropriate measures, including legislation,
to ensure 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.
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.
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.
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.
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.
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.
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 programs 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 programs of continuing education, including adult
and functional literacy programs, particularly 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 programs 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.
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.
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 1 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.
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.
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, counseling
and services in family planning;
(c) To benefit
directly from social security programs;
(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.
1.
States Parties shall accord to women equality with men before the law.
2. State 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.
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.
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.
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 fulfillment of
obligations under the present Convention.
1.
The Committee shall adopt its own rules of procedure.
2. The Committee
shall elect its officers for a term of two years.
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.
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.
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.
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.
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.
1.
The present Convention shall be open for signature by all States.
2. The
Secretary-General of the United Nations is designated as the depository 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.
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.
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.
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.
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 1
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.
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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