Convention on the Elimination of
All Forms of Discrimination
Against Women (1979)
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 States Parties to the International Covenant on
Human Rights have the obligation to secure 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,
Concerned 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, neocolonialism,
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 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 national Constitutions or other appropriate legislation if
not yet incorporated therein, and to ensure, through law and other
appropriate means, the practical realization of his 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 his obligation;
e. To take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise;
f. To take all appropriate measures, including legislation,
to modify or abolish existing laws; regulations, customs and practices
which constitute discrimination against women;
g. To repeal all national penal provisions which constitute
discrimination against women.
Article 3
States Parties shall take in all fields, in particular in
the political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development
and advancement of women, for the purpose of guaranteeing them
the exercise and enjoyment of human rights and fundamental freedoms
on a basis of equality with men.
Article 4
I. 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 this 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, 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
I. 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 I0
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 programs 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 programs of continuing
education, including adult and functional literacy programs, 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 programs 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 I2
I. 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 above, 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 I3
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 in al aspects of cultural life.
Article I4
I. States Parties shall take into account the particular problems
faced by rural women and the significant roles which they 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 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, forma and
non-formal, including that relating to functional literacy, as
well the benefit of all community and extension services, inter
alia, order to increase their technical proficiency;
e. To organize self-help groups and cooperatives in order
obtain equal access to economic opportunities through employment
or self-employment;
£ 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
housing, sanitation, electricity and water supply, transport and
communications.
Part IV
Article I5
I. 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. They shall in particular give women
equal rights to conclude contracts and to administer property
and treat them equally in al stages of procedure in courts and
tribunals.
3. States Parties agree that al 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 I6
I. States Parties shall take all appropriate measures to eliminate
discrimination against women in al 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;
£ The same rights and responsibilities with regard to
guardianships, wardship, trusteeship and adoption of children,
or similar institutions where these concepts exist in national
legislation. In all cases the interest 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
....
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