Convention on the Elimination of All Forms of Discrimination Against Women in United States

Convention on the Elimination of All Forms of Discrimination Against Women

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 man 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 right 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, of 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,
relaxation of international tension, mutual co-operation among all States
irrespective of their social and economic systems, general and complete
disarmament, and 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 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 ensure 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 preschool, 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,
particularly 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 1 of this article, States
Parties shall ensure to women appropriate services in connexion 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 this 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 he 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;
and
(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 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 this 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 this
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.