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, Convention on
the Elimination of All Forms of Discrimination against Women
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:
Article 1
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.
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.
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.
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.
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.
(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 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.
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.
United Nations Division for the Advancement of Women Department of
Economic and Social Affairs Address: 2 UN Plaza, DC2-12th Floor, New York,
NY 10017, USA Fax: +1-(212)-963-3463.
