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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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