Convention on the Elimination of All Forms of Discrimination
against Women
enterred into force September 3, 1981 by the U.N. General Assembly
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 rights 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, 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, the
relaxation of international tension, mutual co-operation 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:
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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