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, 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.
