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CEDAW
-- CONVENTION
ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
|
UNITED NATIONS - / www.MaximsNews.com,
UN/ --
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 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. (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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