III.14
UN: Discrimination against Women
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)
The
States Parties to the present Convention,
Noting that
the Charter of the United Nations reaffirms faith in fundamental human
rights, in the dignity and worth of the human person and in the equal
rights of men and women,
Noting that
the Universal Declaration of Human Rights affirms the principle of the
inadmissibility of discrimination and proclaims that all human beings are
born free and equal in dignity and rights and that everyone is entitled to
all the rights and freedoms set forth therein, without distinction of any
kind, including distinction based on sex,
Noting that
the States Parties to the International Covenants on Human Rights have the
obligation to ensure the equal rights of men and women to enjoy all
economic, social, cultural, civil and political rights,
Considering
the international conventions concluded under the auspices of the United
Nations and the specialized agencies promoting equality of rights of men
and women,
Noting also
the resolutions, declarations and recommendations adopted by the United
Nations and the specialized agencies promoting equality of rights of men
and women,
Concerned,
however, that despite these various instruments extensive discrimination
against women continues to exist,
Recalling
that discrimination against women violates the principles of equality of
rights and respect for human dignity, is an obstacle to the participation
of women, on equal terms with men, in the political, social, economic and
cultural life of their countries, hampers the growth of the prosperity of
society and the family and makes more difficult the full development of
the potentialities of women in the service of their countries and of
humanity,
Concerned
that in situations of poverty women have the least access to food, health,
education, training and opportunities for employment and other needs,
Convinced
that the establishment of the new international economic order based on
equity and justice will contribute significantly towards the promotion of
equality between men and women,
Emphasizing
that the eradication of apartheid, all forms of racism, racial
discrimination, colonialism, neo-colonialism, aggression, foreign
occupation and domination and interference in the internal affairs of
States is essential to the full enjoyment of the rights of men and women,
Affirming
that the strengthening of international peace and security, the relaxation
of international tension, mutual co-operation among all States
irrespective of their social and economic systems, general and complete
disarmament, in particular nuclear disarmament under strict and effective
international control, the affirmation of the principles of justice,
equality and mutual benefit in relations among countries and the
realization of the right of peoples under alien and colonial domination
and foreign occupation to self-determination and independence, as well as
respect for national sovereignty and territorial integrity, will promote
social progress and development and as a consequence will contribute to
the attainment of full equality between men and women,
Convinced
that the full and complete development of a country, the welfare of the
world and the cause of peace require the maximum participation of women on
equal terms with men in all fields,
Bearing in
mind the great contribution of women to the welfare of the family and to
the development of society, so far not fully recognized, the social
significance of maternity and the role of both parents in the family and
in the upbringing of children, and aware that the role of women in
procreation should not be a basis for discrimination but that the
upbringing of children requires a sharing of responsibility between men
and women and society as a whole,
Aware that
a change in the traditional role of men as well as the role of women in
society and in the family is needed to achieve full equality between men
and women,
Determined
to implement the principles set forth in the Declaration on the
Elimination of Discrimination against Women and, for that purpose, to
adopt the measures required for the elimination of such discrimination in
all its forms and manifestations,
Have agreed
on the following:
PART I
Article
I
For the
purposes of the present Convention, the term "discrimination against
women" shall mean any distinction, exclusion or restriction made on the
basis of sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human rights
and fundamental freedoms in the political, economic, social, cultural,
civil or any other field.
Article
2
States
Parties condemn discrimination against women in all its forms, agree to
pursue by all appropriate means and without delay a policy of eliminating
discrimination against women and, to this end, undertake:
(a) To
embody the principle of the equality of men and women in their national
constitutions or other appropriate legislation if not yet incorporated
therein and to ensure, through law and other appropriate means, the
practical realization of this principle;
(b) To
adopt appropriate legislative and other measures, including sanctions
where appropriate, prohibiting all discrimination against women;
(c) To
establish legal protection of the rights of women on an equal basis with
men and to ensure through competent national tribunals and other public
institutions the effective protection of women against any act of
discrimination;
(d) To
refrain from engaging in any act or practice of discrimination against
women and to ensure that public authorities and institutions shall act
in conformity with this obligation;
(e) To
take all appropriate measures to eliminate discrimination against women
by any person, organization or enterprise;
(f) To
take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which
constitute discrimination against women;
(g) To
repeal all national penal provisions which constitute discrimination
against women.
Article
3
States
Parties shall take in all fields, in particular in the political, social,
economic and cultural fields, all appropriate measures, including
legislation, to en sure the full development and advancement of women ,
for the purpose of guaranteeing them the exercise and enjoyment of human
rights and fundamental freedoms on a basis of equality with men.
Article
4
1. Adoption
by States Parties of temporary special measures aimed at accelerating de
facto equality between men and women shall not be considered
discrimination as defined in the present Convention, but shall in no way
entail as a consequence the maintenance of unequal or separate standards;
these measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.
2. Adoption
by States Parties of special measures, including those measures contained
in the present Convention, aimed at protecting maternity shall not be
considered discriminatory.
Article
5
States
Parties shall take all appropriate measures:
(a) To
modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary and
all other practices which are based on the idea of the inferiority or
the superiority of either of the sexes or on stereotyped roles for men
and women;
(b) To
ensure that family education includes a proper understanding of
maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development of
their children, it being understood that the interest of the children is
the primordial consideration in all cases.
Article
6
States
Parties shall take all appropriate measures, including legislation, to
suppress all forms of traffic in women and exploitation of prostitution of
women.
PART II
Article
7
States
Parties shall take all appropriate measures to eliminate discrimination
against women in the political and public life of the country and, in
particular, shall ensure to women, on equal terms with men, the right:
(a) To
vote in all elections and public referenda and to be eligible for
election to all publicly elected bodies;
(b) To
participate in the formulation of government policy and the
implementation thereof and to hold public office and perform all public
functions at all levels of government;
(c) To
participate in non-governmental organizations and associations concerned
with the public and political life of the country.
Article
8
States
Parties shall take all appropriate measures to ensure to women, on equal
terms with men and without any discrimination, the opportunity to
represent their Governments at the international level and to participate
in the work of international organizations.
Article
9
1. States
Parties shall grant women equal rights with men to acquire, change or
retain their nationality. They shall ensure in particular that neither
marriage to an alien nor change of nationality by the husband during
marriage shall automatically change the nationality of the wife, render
her stateless or force upon her the nationality of the husband.
2. States
Parties shall grant women equal rights with men with respect to the
nationality of their children.
PART III
Article
10
States
Parties shall take all appropriate measures to eliminate discrimination
against women in order to ensure to them equal rights with men in the
field of education and in particular to ensure, on a basis of equality of
men and women:
(a) The
same conditions for career and vocational guidance, for access to
studies and for the achievement of diplomas in educational
establishments of all categories in rural as well as in urban areas;
this equality shall be ensured in pre-school, general, technical,
professional and higher technical education, as well as in all types of
vocational training;
(b)
Access to the same curricula, the same examinations, teaching staff with
qualifications of the same standard and school premises and equipment of
the same quality;
(c) The
elimination of any stereotyped concept of the roles of men and women at
all levels and in all forms of education by encouraging coeducation and
other types of education which will help to achieve this aim and, in
particular, by the revision of textbooks and school programmes and the
adaptation of teaching methods;
(d ) The
same opportunities to benefit from scholarships and other study grants;
(e) The
same opportunities for access to programmes of continuing education,
including adult and functional literacy programmes, particulary those
aimed at reducing, at the earliest possible time, any gap in education
existing between men and women;
(f) The
reduction of female student drop-out rates and the organization of
programmes for girls and women who have left school prematurely;
(g) The
same Opportunities to participate actively in sports and physical
education;
(h)
Access to specific educational information to help to ensure the health
and well-being of families, including information and advice on family
planning.
Article
11
1. States
Parties shall take all appropriate measures to eliminate discrimination
against women in the field of employment in order to ensure, on a basis of
equality of men and women, the same rights, in particular:
(a) The
right to work as an inalienable right of all human beings;
(b) The
right to the same employment opportunities, including the application of
the same criteria for selection in matters of employment;
(c) The
right to free choice of profession and employment, the right to
promotion, job security and all benefits and conditions of service and
the right to receive vocational training and retraining, including
apprenticeships, advanced vocational training and recurrent training;
(d) The
right to equal remuneration, including benefits, and to equal treatment
in respect of work of equal value, as well as equality of treatment in
the evaluation of the quality of work;
(e) The
right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to
work, as well as the right to paid leave;
(f) The
right to protection of health and to safety in working conditions,
including the safeguarding of the function of reproduction.
2. In order
to prevent discrimination against women on the grounds of marriage or
maternity and to ensure their effective right to work, States Parties
shall take appropriate measures:
(a) To
prohibit, subject to the imposition of sanctions, dismissal on the
grounds of pregnancy or of maternity leave and discrimination in
dismissals on the basis of marital status;
(b) To
introduce maternity leave with pay or with comparable social benefits
without loss of former employment, seniority or social allowances;
(c) To
encourage the provision of the necessary supporting social services to
enable parents to combine family obligations with work responsibilities
and participation in public life, in particular through promoting the
establishment and development of a network of child-care facilities;
(d) To
provide special protection to women during pregnancy in types of work
proved to be harmful to them.
3.
Protective legislation relating to matters covered in this article shall
be reviewed periodically in the light of scientific and technological
knowledge and shall be revised, repealed or extended as necessary.
Article
12
1. States
Parties shall take all appropriate measures to eliminate discrimination
against women in the field of health care in order to ensure, on a basis
of equality of men and women, access to health care services, including
those related to family planning.
2.
Notwithstanding the provisions of paragraph I of this article, States
Parties shall ensure to women appropriate services in connection with
pregnancy, confinement and the post-natal period, granting free services
where necessary, as well as adequate nutrition during pregnancy and
lactation.
Article
13
States
Parties shall take all appropriate measures to eliminate discrimination
against women in other areas of economic and social life in order to
ensure, on a basis of equality of men and women, the same rights, in
particular:
(a) The
right to family benefits;
(b) The
right to bank loans, mortgages and other forms of financial credit;
(c) The
right to participate in recreational activities, sports and all aspects
of cultural life.
Article
14
1. States
Parties shall take into account the particular problems faced by rural
women and the significant roles which rural women play in the economic
survival of their families, including their work in the non-monetized
sectors of the economy, and shall take all appropriate measures to ensure
the application of the provisions of the present Convention to women in
rural areas.
2. States
Parties shall take all appropriate measures to eliminate discrimination
against women in rural areas in order to ensure, on a basis of equality of
men and women, that they participate in and benefit from rural development
and, in particular, shall ensure to such women the right:
(a) To
participate in the elaboration and implementation of development
planning at all levels;
(b) To
have access to adequate health care facilities, including information,
counseling and services in family planning;
(c) To
benefit directly from social security programs;
(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-VI is
mostly procedural and has been omitted
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