fbpx
CHARTERS & TREATIES

The Convention on the Elimination of All Forms of Discrimination Against Women

The States Parties to this Agreement,

Noting that the Charter of the United Nations reaffirms belief in fundamental human rights, in the dignity and worth of the individual, and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the impermissibility of discrimination, and declares that all people are born free and equal in dignity and rights, and that every human being has the right to enjoy all the rights and freedoms contained in the said declaration, without any discrimination, including discrimination based on sex,

Noting that States parties to the International Covenants on Human Rights have a duty to guarantee the equality of men and women in the enjoyment of all economic, social, cultural, civil and political rights,

Taking into consideration the international conventions concluded under the auspices of the United Nations and the specialized agencies that promote equal rights for men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies to advance the equal rights of men and women,

Concerned, however, that, despite those various instruments, there is still widespread discrimination against women,

Recalling that discrimination against women constitutes a violation of the principles of equal rights and respect for human dignity, is an obstacle to the participation of women, on an equal basis with men, in the political, social, economic and cultural life of their country, impedes the growth of the prosperity of society and the family, and increases the difficulty of the full development of women's potential In the service of her country and humanity,

Concerned, and seeing women, in situations of poverty, receive only the lowest share of food, health, education, training, employment opportunities and other needs,

Believing that the establishment of the new international economic order, based on equity and justice, will contribute significantly to the advancement of equality between men and women,

Noting that apartheid and all forms of racism and racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation, foreign domination and interference in the internal affairs of states must be eradicated if men and women are to fully enjoy their rights,

Asserting that it would strengthen international peace and security, reduce international tension, exchange cooperation among all states regardless of their social and economic systems, general disarmament, especially nuclear disarmament under strict and effective international control, and establish principles of justice, equality and mutual benefit in Relations between countries, realizing the right of peoples under foreign and colonial domination and foreign occupation to self-determination and independence, as well as respecting national sovereignty and territorial integrity, advancing social progress and development, and contributing, as a result, to achieving full equality between men and women,

Believing that the full and complete development of any country, the well-being of the world, and the cause of peace all require the participation of women, on an equal basis with men, the maximum possible participation in all fields,

Mindful of the great role of women in the well-being of the family and in the development of society, which has not yet been fully recognized, and the social importance of motherhood and the role of both parents in the family and in the upbringing of children,

Realizing that the role of women in childbearing cannot be a basis for discrimination. Rather, the upbringing of children requires the sharing of responsibility between men and women and society as a whole,

Realizing that achieving full equality between men and women requires a change in the traditional role of men, as well as in the role of women in society and the family,

Determined to implement the principles contained in the Declaration on the Elimination of Discrimination against Women, and to take, for this purpose, the measures required to eliminate this discrimination in all its forms and manifestations,

Have agreed as follows:

part One

Article 1

For the purposes of this convention, the term “discrimination against women” means any distinction, exclusion or restriction made on the basis of sex and one of its effects or purposes weakening or frustrating women's recognition of human rights and fundamental freedoms in the political, economic, social, cultural and civil fields or in any other field, or weakening Or thwarting her enjoyment of these rights or exercising them, regardless of her marital status and on the basis of equality between her and men.

Article 2

States Parties condemn all forms of discrimination against women, and agree to pursue, by all appropriate means and without delay, a policy aimed at eliminating discrimination against women, and to this end they undertake to do the following:

(A) Incorporating the principle of equality between men and women in their national constitutions or other appropriate legislation, if this principle has not yet been incorporated into them, and ensuring the practical realization of this principle through legislation and other appropriate means,

(B) Take appropriate measures, legislative and non-legislative, including appropriate sanctions, to prohibit all discrimination against women,

(C) Imposing legal protection for women's rights on an equal basis with men, and ensuring effective protection of women, through competent courts and other public institutions in the country, from 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 act in accordance with this obligation;

(E) To take all appropriate measures to eliminate discrimination against women on the part of any person, organization or enterprise,

(F) Take all appropriate measures, including legislative ones, to change or nullify existing laws, regulations, customs and practices that constitute discrimination against women,

(J) Repeal all national penal provisions that constitute discrimination against women.

Article 3

States Parties shall take, in all fields, particularly the political, social, economic and cultural fields, all appropriate measures, including legislative ones, to ensure the full development and advancement of women. This is to ensure that it can exercise and enjoy human rights and fundamental freedoms on the basis of equality with men.

Article 4

1. The adoption by states parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination within the meaning of this convention. However, it should not entail, in any way, the maintenance of unequal or separate standards, and the implementation of these measures should be stopped whenever they are achieved. Objectives of equal opportunity and treatment.

2. The adoption by States Parties of special measures aimed at protecting maternity, including those measures contained in this Convention, shall not be considered a discriminatory measure.

Article 5

States Parties shall take all appropriate measures to achieve the following:

(A) Changing the social and cultural patterns of behavior of men and women, with the aim of achieving the elimination of prejudices and customary customs and all other practices based on the belief that either sex is inferior or superior to the other, or on stereotypical roles for men and women,

(B) Ensure that family education includes a proper understanding of motherhood as a social function, and recognize that the upbringing and education of children is a shared responsibility between parents, provided that it is understood that the interest of the children is the primary consideration in all cases.

Article 6

States Parties shall take all appropriate measures, including legislative ones, to combat all forms of trafficking in women and exploitation of prostitution of women.

part two

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 guarantee to women, on equal terms with men, the right to:

(A) Voting in all elections and general referendums, and eligibility for election for all bodies whose members are elected by universal suffrage,

(B) Participate in formulating government policy and in implementing this policy, in occupying public office, and performing all public tasks at all levels of government,

(C) Participation in any 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 government at the international level and to participate in the work of international organizations.

Article 9

1. States Parties grant women equal rights with men to acquire, change or retain their nationality. In particular, it shall ensure that neither marriage to a foreigner nor the husband's change of nationality during marriage shall automatically change the nationality of the wife, become stateless, or impose upon her the nationality of the husband.

2. States Parties shall grant women an equal right to men with regard to the nationality of their children.

the third part

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to guarantee to them equal rights with men in the field of education, and in particular to ensure, on the basis of equality between men and women:

(A) Equal conditions in career and vocational guidance, enrollment in studies and obtaining academic degrees in educational institutions of all categories, in both rural and urban areas, and this equality is guaranteed at the nursery stage and in general, technical and vocational education and higher technical education, as well as in all types of Vocational training,

(B) Equality in school curricula, in examinations, in levels of teachers' qualifications, and in the quality of study facilities and equipment,

(C) Eliminate any stereotypical concept of the role of men and the role of women in all stages of education in all its forms, by encouraging co-education and other types of education that help in achieving this goal, especially by revising study books and school programs and adapting teaching methods,

(D) Equal access to scholarships and other study aids,

(E) Equal access to programs for continuing education, including programs for adult education and functional literacy, especially programs that aim to accelerate as much as possible narrowing any gap in education existing between men and women,

(F) Reducing female student dropout rates, and organizing programs for girls and women who have left school prematurely,

(G) Equal opportunities for active participation in sports and physical education,

(H) Access to specific educational information to help 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 work in order to ensure for them, on the basis of equality between men and women, the same rights, especially:

(A) The right to work as an inalienable right of all human beings,

(B) The right to enjoy the same employment opportunities, including the application of the same selection criteria in matters of employment,

(C) The right to free choice of profession and type of work, the right to promotion and security to work and to all benefits and conditions of service, the right to receive training and vocational retraining, including apprenticeships, advanced vocational training and repeated training,

(D) The right to equal pay, including benefits, and the right to equal treatment in respect of work of equal value, as well as equal treatment in assessing the quality of work,

(E) The right to social security, especially in cases of retirement, unemployment, sickness, disability, old age and other incapacity to work, as well as the right to paid leave,

(F) The right to health protection and safe working conditions, including the protection of the reproductive function.

2. In order to prevent discrimination against women on the grounds of marriage or motherhood, and to ensure their effective right to work, State Parties shall take appropriate measures:

(A) To prohibit dismissal from service due to pregnancy or maternity leave and discrimination in dismissal from work on the basis of marital status, with penalties imposed on violators,

(B) To introduce a system of maternity leave with pay or with similar social benefits without loss of previous work, seniority or social allowances,

(C) to encourage the provision of the necessary supportive social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular by encouraging the creation and development of a network of childcare facilities;

(D) To provide special protection for women during pregnancy in work proven to be harmful to them.

3. The preventive legislation related to the matters covered by this article must be reviewed periodically in the light of scientific and technological knowledge, and be revised, repealed, or expanded 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 that, on the basis of equality between men and women, they have access to health care services, including services related to family planning.

2. Notwithstanding the provisions of paragraph 1 of this Article, States Parties shall ensure to women adequate services in relation to pregnancy, childbirth and the postpartum period, providing them with free services when 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 the basis of equality between men and women, the same rights, especially:

(A) The right to family benefits,

(B) The right to obtain 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 take into account the special problems that rural women face, and the important roles they play in providing reasons for economic survival for their families, including their work in non-monetary sectors of the economy, and take all appropriate measures to ensure that the provisions of this convention are applied 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 that, on the basis of equality between men and women, they participate in and benefit from rural development, and in particular ensure the right to:

(A) Participation in formulating and implementing development planning at all levels,

(B) access to adequate health care facilities, including information, advice and services related to family planning,

(C) To benefit directly from social security programs,

(D) Access to all types of training and education, formal and informal, including those related to functional literacy, as well as enjoying, in particular, all community and counseling services, in order to achieve an increase in their technical efficiency,

(E) organizing self-help groups and cooperatives in order to obtain economic opportunities equivalent to those of men through work for others or self-employment,

(F) Participation in all community activities,

(G) Access to credit and agricultural loans, marketing facilities, appropriate technology, and equal treatment in land and agrarian reform projects as well as in rural settlement projects,

(H) Enjoying adequate living conditions, especially with regard to housing, sanitation, electricity and water supply, transportation and communications.

part Four

Article 15

1. States Parties shall recognize women as equal with men before the law.

2. States Parties shall grant women, in civil affairs, a legal capacity similar to that of men, and equality between them and him in the opportunities to exercise that capacity. Women, in particular, are guaranteed equal rights with men to conclude contracts and administer property, and they shall treat them equally in all stages of the judicial process.

3. States Parties agree to consider all contracts and other types of private instruments that have a legal effect aimed at limiting the legal capacity of women to be null and void.

4. States Parties shall grant men and women the same rights with regard to legislation relating to the movement of persons and the freedom to choose their place of residence and residence.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters related to marriage and family relations, and in particular ensure, on the basis of equality between men and women:

(A) The same right to contract marriage,

(B) The same right to freely choose a spouse, and to not contract marriage without her free and complete consent,

(C) The same rights and responsibilities during marriage and upon its dissolution,

(H) The same rights and responsibilities as parents, regardless of their marital status, in matters related to their children and in all cases, the interest of the children shall be the primary consideration.

(E) The same rights to decide, freely and with awareness of the consequences, of the number of her children and the separation between the child and the next, and to obtain information, education and means to enable her to exercise these rights,

(D) The same rights and responsibilities with regard to guardianship, guardianship, guardianship, guardianship and adoption of children, or similar norms, when these concepts exist in national legislation, and in all cases the interest of children shall be the primary consideration,

(G) The same personal rights as a husband and wife, including the right to choose a family name, profession and type of work,

(H) The same rights for both spouses with regard to ownership, possession, supervision, management, enjoyment and disposition of property, whether free or in return for compensation.

2. The engagement or marriage of the child shall have no legal effect, and all necessary measures, including legislative ones, shall be taken to establish a minimum age for marriage and to make the registration of marriage in an official registry mandatory.

Part V

Article 17

1. In order to study the progress achieved in the implementation of this convention, a Committee for the Elimination of Discrimination against Women (hereinafter referred to as the Committee) shall be established, consisting, upon entry into force of the Convention, of eighteen experts and after the State Party's thirty-fifth ratification or accession to it from three Twenty experts of high moral standing and high competence in the field to which this convention applies, shall be elected by the States Parties from among their own citizens and serve in their personal capacity, with consideration given to the principle of equitable geographical distribution and the representation of various forms of civilization as well as the main legal systems.

2. The members of the committee are elected by secret ballot from a list of persons nominated by the states parties. Each state party may nominate one person from among its citizens.

3. The first election shall take place six months after the date of entry into force of this agreement, and at least three months before the date of each election, the Secretary-General of the United Nations shall send a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare an alphabetical list of all persons nominated in this manner, indicating the State Party that nominated each of them, and shall communicate it to the States Parties.

4. The elections for the members of the Commission shall take place at a meeting of the States Parties called by the Secretary-General at the headquarters of the United Nations. In that meeting, in which the participation of two thirds of the States Parties constitutes a quorum, the persons elected to the Committee shall be the candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting.

5. Members of the Committee are elected for a term of four years. However, the term of nine of the members elected in the first election expires at the end of the two-year period, and immediately after the first election, the chairperson of the committee selects the names of these nine members by lot.

6. The election of the five additional members of the Committee shall take place in accordance with the provisions of paragraphs 2, 3 and 4 of this article, after the thirty-fifth ratification or accession. The terms of the two additional members elected on this occasion shall expire at the end of the two-year period. Their names are chosen by lot by the committee chairman.

7. To fill emergency 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. Members of the Committee shall receive, with the approval of the General Assembly, bonuses paid from United Nations resources on the terms and conditions determined by the Assembly, bearing in mind the importance of the responsibilities assigned to the Committee.

9. The Secretary-General of the United Nations shall provide the Committee with the necessary personnel and facilities to carry out effectively the functions assigned to it under this convention.

Article 18

1. States Parties undertake to submit to the Secretary-General of the United Nations a report on the legislative, judicial, administrative and other measures they have taken to implement the provisions of this convention and on the progress made in this regard, for the committee to consider this report:

(A) Within one year of entry into force for the State concerned,

(B) After that at least every four years, and also whenever the committee requests it,

2. Reports may indicate the factors and difficulties that affect the extent of fulfillment of the obligations stipulated in this agreement.

Article 19

1. The committee adopts its own bylaw.

2. The committee elects its officers for a period of two years.

Article 20

1. The Committee normally meets for a period of not more than two weeks annually to consider reports submitted in accordance with Article 18 of this Convention.

2. The meetings of the committee are usually held at the headquarters of the United Nations or at any other suitable place specified by the committee.

Article 21

1. The Committee submits an annual report on its activities to the United Nations General Assembly through the Economic and Social Council, and it may submit general proposals and recommendations based on the study of reports and information received from the States Parties. These general proposals and recommendations are included in the report of the Committee, together with the comments of the States Parties, if any.

2. The Secretary-General shall refer the committee's reports to the Committee on the Status of Women, for the purpose of informing them.

Article 22

The specialized agencies have the right to send their representatives when considering the implementation of the provisions of this agreement that fall within the scope of their work. The Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their work.

Part VI

Article 23

Nothing in this agreement affects any provisions that are more conducive to achieving equality between men and women that are included:

(A) In the legislation of a State Party,

(B) Or in any international convention, treaty or agreement in force in relation to that state.

Article 24

States Parties undertake to take all necessary measures at the national level aimed at achieving the full realization of the rights recognized in this convention.

Article 25

1. This agreement shall be open to all countries to sign.

2. The Secretary-General of the United Nations is designated depositary of this Convention.

3. This agreement is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

4. Accession to this agreement shall be open to all countries. Accession takes place by depositing an instrument of accession with the Secretary-General of the United Nations.

Article 26

1. Any state party may, at any time, request the review of this convention, by means of a written notification addressed to the Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide the steps to be taken, if necessary, in response to such a request.

Article 27

1. This Convention shall enter into force on the thirtieth day following the date of deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations.

2. As for the countries that ratify or accede to this convention after depositing the twentieth instrument of ratification or accession, the convention shall enter into force for it on the thirtieth day following the date on which this state deposited its instrument of ratification or accession.

Article 28

1. The Secretary-General of the United Nations receives the text of the reservations made by states at the time of ratification or accession, and circulates them to all states.

2. It is not permissible to make any reservation that is incompatible with the object and purpose of this agreement.

3. Reservations may be withdrawn at any time by sending a notification to this effect to the Secretary-General of the United Nations, who then informs all states of it. Such notification shall take effect on the date it was received.

Article 29

1. Any dispute between two or more states parties regarding the interpretation or application of this convention shall not be settled through negotiations, at the request of one of these countries, to be submitted to arbitration. If, within six months of the date of the arbitration request, the parties are unable to reach an agreement to organize the arbitration order, then any of those parties may refer the dispute to the International Court of Justice with a request submitted in accordance with the statute of the court.

2. Any State Party may declare, upon signature, ratification, or accession to this Agreement that it does not consider itself bound by paragraph 1 of this Article. The other State Parties shall not be bound by that paragraph in relation to any State Party that has entered such a reservation.

3. Any State Party that has entered a reservation in accordance with paragraph 2 of this Article may withdraw this reservation whenever it wishes by notification to the Secretary-General of the United Nations.

Article 30

This convention, the texts of which are equally authentic, in Arabic, Chinese, English, Russian, French and Spanish shall be deposited with the Secretary-General of the United Nations. In witness thereof, the undersigned, duly authorized, have signed this Agreement.

Topics

Share !

Leave a Reply

Your email address will not be published. Required fields are marked *

Fill out this field
Fill out this field
Please enter a valid email address.

RECENTLY ADDED

Share your ideas

What Do you think of new design of Maat Website ?

View results

Loading ... Loading ...

RELATED CONTENT

Menu