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)
status
of ratifications declarations and reservations
monitoring
body
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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. (amendment, status
of ratification)
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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for Human Rights
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