Office of the United Nations High Commissioner for Human Rights
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)
status of
ratifications
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 General comment on its implementation
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 General comment on its implementation
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 General comment on its implementation
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.
© Copyright 1997
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland