Convention on the Elimination of all forms of
Discrimination Against Women
Introduction
The Convention on the Elimination of all Forms of Discrimination against
Women, adopted in 1979 by the UN General Assembly, is often described as an
international bill of rights for women. Consisting of a preamble and 30
articles, it defines what constitutes discrimination against women and sets
up an agenda for national action to end such discrimination.
According to the Convention, discrimination against women is "..any
distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment of
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."
By recognizing the Convention, States commit themselves to undertake a
series of measures to end discrimination against women in all its forms,
including:
- to incorporate the principle of equality of men and women in their
legal system, abolish all discriminatory laws and adopt appropriate
ones prohibiting discrimination against women;
- to establish tribunals and other public institutions to ensure the
effective protection of women against discrimination against women,
and
- to ensure elimination of all acts of discrimination against women by
persons, organizations or enterprises
The Convention provides the basis for realizing equality between men and
women through ensuring women's equal access to, and equal opportunities in,
political and public life - including the right to vote and to stand for
election - as well as education and employment. States parties agree to
take all appropriate measures, including legislation and temporary special
measures, so that women can enjoy all their human rights and fundamental
freedoms.
The Convention is the only human rights treaty which affirms the
reproductive rights of women and targets culture and tradition as
influential forces shaping gender roles and family relations. It affirms
women's right to acquire, change or retain their nationality and the
nationality of their children. States parties also agree to take
appropriate measures against all forms of traffic in women and exploitation
of women.
Countries that have ratified or acceded to the Convention are legally bound
to put into practice its provisions. They are also committed to submit
national reports, at least once every four years, on measures they have taken
to comply with their treaty obligations.
The Convention, which entered into force on 3 September 1981, has, as of 31
May 1996, been ratified by 152 UN member 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 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 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 them, 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 cooperation 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 rights 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 1
Article 1
For the purpose 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 the 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:
- 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;
- To adopt appropriate legislative and other measures, including sanctions
where appropriate, prohibiting all discrimination against women;
- 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;
- 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
- To take all appropriate measures to eliminate discrimination against women
by any person, organization or enterprise;
- To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute
discrimination against women;
- 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
- 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.
- 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:
- 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
- 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 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:
- To vote in all elections and public referenda and to be eligible for
election to all publicly elected bodies;
- 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;
- 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 term with men and without any discrimination, the opportunity
to represent their Governments at the international level and to
participate in the work on international organizations.
Article 9
- 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.
- 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 o men and women;
- The same condition 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;
- 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;
- 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 an school
programmes and the adaptation of teaching methods;
- The same opportunities to benefit from scholarships and other
study grants;
- 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;
- The reduction of female student drop-out rates and the organization
of programmes for girls and women who have left school pre-maturely;
- The same opportunities to participate actively in sports and physical
education;
- 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:
- The right to work as an inalienable right of all human beings;
- The right to the same employment opportunities, including the
application of the same criteria for selection in matters of
employment;
- 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;
- The right to equal remuneration, including benefits, and to equal
treatment in the evaluation of the quality of work;
- 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;
- 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:
- 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;
- To introduce maternity leave with pay or with comparable social
benefits without loss of former employment, seniority or social
allowances;
- 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;
- 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
- 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.
- Notwithstanding the provisions of paragraph 1 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:
- The right to family benefits
- The right to bank loans, mortgages and other forms of financial credit;
- The right to participate in recreational activities, sports and all
aspects of cultural life
Article 14
- 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.
- States Parties shall take all appropriate measures to eliminate
discrimination against women in rural areas in order to ensure, on a
basis of development and, in particular, shall ensure to such women the right:
- To participate in the elaboration and implementation of development
planning at all levels;
- To have access to adequate health care facilities, including
information, counseling and services in family planning;
- To benefit directly from social security programmes
- To obtain all types of training and education, formal and non-formal,
including that related to functional literacy, as well as, inter alia,
the benefit of all community and extension services, in order to
increase their technical proficiency;
- To organize self-help groups and cooperatives in order to obtain
equal access to economic opportunities through employment or
self-employment
- To participate in all community activities;
- 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;
- To enjoy adequate living conditions, particularly in relation to housing,
sanitation, electricity and water supply, transport and communications.
Part IV
Article 15
- States Parties shall accord to women equality with men before the law.
- 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
- 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.
- 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 al 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:
- The same right to enter into marriage
- The same right freely to choose a spouse and to enter into marriage
only with their free and full consent
- The same rights and responsibilities during marriage and at its dissolution;
- 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;
- 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;
- 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;
- The same personal rights as husband and wife, including, including the right
to choose a family name, a profession and an occupation;
- 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.
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 marriage official registry compulsory.
Part V
Article 17
- 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, considering being given to equitable geographical
distribution and to the representation of the different forms of civilization
as well as the principal legal systems.
- The members of the Committees 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.
- 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.
- 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.
- The members of the committee shall be elected for a term of four years.
However, the terms 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.
- 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.
- 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.
- 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.
- 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.
- Within one year after the entry into force for the State concerned; and
- Thereafter at least every four years and further whenever the Committee
so requests
2. Reports may indicate factors and difficulties affecting the degree of
fulfillment of obligations under the present Convention
Article 19
- The Committee shall adopt its own rules of procedure
- The Committee shall elect its officers for a term of two years
Article 20
- 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.
- The meetings of the Convention shall normally be held at United Nations
Headquarters or at any other convenient place as determined by the Committee.
Article 21
- 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
- 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 conductive
to the achievement of equality between men and women, which may be contained:
- In the legislation of a State Party; or
- 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
- The present Convention shall be open for signature by all States
- The Secretary-General of the United Nations is designated as the depositary
of the present Convention.
- The present Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
- 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
- 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.
- 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
- 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
- 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
- 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.
- A reservation incompatible with the object and purpose of the present
Convention shall not be permitted.
- 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
- Any dispute between two or more States Parties concerning the
interpretation or application of the present Convention which is not
settled by negotiating 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.
- 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.
- 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.