 | the Convention on the Elimination of All Forms of Discrimination against Women |
The Convention on the Elimination of All Forms of Discrimination against Women
On 18 December 1979, the Convention on the
Elimination of All Forms of Discrimination against Women was adopted by the
United Nations General Assembly. It entered into force as an international
treaty on 3 September 1981 after the twentieth country had ratified it. By the
tenth anniversary of the Convention in 1989, almost one hundred nations have
agreed to be bound by its provisions.
The Convention was the culmination of more
than thirty years of work by the United Nations Commission on the Status of
Women, a body established in 1946 to monitor the situation of women and to
promote women's rights. The Commission's work has been instrumental in bringing
to light all the areas in which women are denied equality with men. These
efforts for the advancement of women have resulted in several declarations and
conventions, of which the Convention on the Elimination of All Forms of
Discrimination against Women is the central and most comprehensive document.
Among the international human rights treaties,
the Convention takes an important place in bringing the female half of humanity
into the focus of human rights concerns. The spirit of the Convention is rooted
in the goals of the United Nations: to reaffirm faith in fundamental human
rights, in the dignity,v and worth of the human person, in the equal rights of
men and women. The present document spells out the meaning of equality and how
it can be achieved. In so doing, the Convention establishes not only an
international bill of rights for women, but also an agenda for action by
countries to guarantee the enjoyment of those rights.
In its preamble, the Convention explicitly
acknowledges that "extensive discrimination against women continues to
exist", and emphasizes that such discrimination "violates the
principles of equality of rights and respect for human dignity". As defined
in article 1, discrimination is understood as "any distinction, exclusion
or restriction made o.1 the basis of sex...in the political, economic, social,
cultural, civil or any other field". The Convention gives positive
affirmation to the principle of equality by requiring States parties to take
"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 3).
The agenda for equality is specified in
fourteen subsequent articles. In its approach, the Convention covers three
dimensions of the situation of women. Civil rights and the legal status of women
are dealt with in great detail. In addition, and unlike other human rights
treaties, the Convention is also concerned with the dimension of human
reproduction as well as with the impact of cultural factors on gender relations.
The legal status of women receives the
broadest attention. Concern over the basic rights of political participation has
not diminished since the adoption of the Convention on the Political Rights of
Women in 1952. Its provisions, therefore, are restated in article 7 of the
present document, whereby women are guaranteed the rights to vote, to hold
public office and to exercise public functions. This includes equal rights for
women to represent their countries at the international level (article 8). The
Convention on the Nationality of Married Women - adopted in 1957 - is integrated
under article 9 providing for the statehood of women, irrespective of their
marital status. The Convention, thereby, draws attention to the fact that often
women's legal status has been linked to marriage, making them dependent on their
husband's nationality rather than individuals in their own right. Articles 10,
11 and 13, respectively, affirm women's rights to non-discrimination in
education, employment and economic and social activities. These demands are
given special emphasis with regard to the situation of rural women, whose
particular struggles and vital economic contributions, as noted in article 14,
warrant more attention in policy planning. Article 15 asserts the full equality
of women in civil and business matters, demanding that all instruments directed
at restricting women's legal capacity ''shall be deemed null and void".
Finally, in article 16, the Convention returns to the issue of marriage and
family relations, asserting the equal rights and obligations of women and men
with regard to choice of spouse, parenthood, personal rights and command over
property.
Aside from civil rights issues, the Convention
also devotes major attention to a most vital concern of women, namely their
reproductive rights. The preamble sets the tone by stating that "the role
of women in procreation should not be a basis for discrimination". The link
between discrimination and women's reproductive role is a matter of recurrent
concern in the Convention. For example, it advocates, in article 5, ''a proper
understanding of maternity as a social function", demanding fully shared
responsibility for child-rearing by both sexes. Accordingly, provisions for
maternity protection and child-care are proclaimed as essential rights and are
incorporated into all areas of the Convention, whether dealing with employment,
family law, health core or education. Society's obligation extends to offering
social services, especially child-care facilities, that allow individuals to
combine family responsibilities with work and participation in public life.
Special measures for maternity protection are recommended and "shall not be
considered discriminatory". (article 4). "The Convention also affirms
women's right to reproductive choice. Notably, it is the only human rights
treaty to mention family planning. States parties are obliged to include advice
on family planning in the education process (article l O.h) and to develop
family codes that guarantee women's rights "to decide freely and
responsibly on the number and spacing of their children and to hove access to
the information, education and means to enable them to exercise these
rights" (article 16.e).
The third general thrust of the Convention
aims at enlarging our understanding of the concept of human rights, as it gives
formal recognition to the influence of culture and tradition on restricting
women's enjoyment of their fundamental rights. These forces take shape in
stereotypes, customs and norms which give rise to the multitude of legal,
political and economic constraints on the advancement of women. Noting this
interrelationship, the preamble of the Convention stresses "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 of men and women". States
parties are therefore obliged to work towards the modification of social and
cultural patterns of individual conduct in order to eliminate "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" (article 5). And Article 1O.c. mandates the revision of
textbooks, school programmes and teaching methods with a view to eliminating
stereotyped concepts in the field of education. Finally, cultural patterns which
define the public realm as a man's world and the domestic sphere as women's
domain are strongly targeted in all of the Convention's provisions that affirm
the equal responsibilities of both sexes in family life and their equal rights
with regard to education and employment. Altogether, the Convention provides a
comprehensive framework for challenging the various forces that have created and
sustained discrimination based upon sex.
The implementation of the Convention is
monitored by the Committee on the Elimination of Discrimination against Women (CEDAW).
The Committee's mandate and the administration of the treaty are defined in the
Articles 17 to 30 of the Convention. The Committee is composed of 23 experts
nominated by their Governments and elected by the States parties as individuals
"of high moral standing and competence in the field covered by the
Convention".
At least every four years, the States parties
are expected to submit a national report to the Committee, indicating the
measures they have adopted to give effect to the provisions of the Convention.
During its annual session, the Committee members discuss these reports with the
Government representatives and explore with them areas for further action by the
specific country. The Committee also makes general recommendations to the States
parties on matters concerning the elimination of discrimination against women.
The full text of the Convention is set out
herein
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"...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 "
CONTENTS
INTRODUCTION
Content and Significance of
the Convention
PREAMBLE
PART I
Discrimination (Article
1)
Policy Measures (Article 2)
Guarantee of Basic Human Rights and Fundamental Freedoms (Article
3)
Special Measures (Article 4)
Sex Role Stereotyping and Prejudice (Article
5)
Prostitution (Article 6)
PART II
Political and Public Life (Article 7)
Representation (Article 8)
Nationality (Article 9)
PART III
Education (Article 10)
Employment (Article 11 )
Health (Article 12)
Economic and Social Benefits (Article 13)
Rural Women (Article 14)
PART IV
Law (Article 15)
Marriage and Family Life (Article 16)
PART V
Committee on the Elimination of Discrimination against Women (Article
17)
National Reports (Article 18)
Rules of Procedure (Article 19)
Committee Meetings (Article 20)
Committee Reports (Article 21)
Role of Specialized Agencies (Article 22)
PART Vl
Effect on Other Treaties (Article 23)
Commitment of States Parties (Article 24)
Administration of the Convention (Articles
25-30)
INTRODUCTION
On 18 December 1979, the
Convention on the Elimination of All Forms of Discrimination
against Women was adopted by the United Nations General
Assembly. It entered into force as an international treaty on 3
September 1981 after the twentieth country had ratified it. By
the tenth anniversary of the Convention in 1989, almost one
hundred nations have agreed to be bound by its provisions.
The Convention was the
culmination of more than thirty years of work by the United
Nations Commission on the Status of Women, a body established in
1946 to monitor the situation of women and to promote women's
rights. The Commission's work has been instrumental in bringing
to light all the areas in which women are denied equality with
men. These efforts for the advancement of women have resulted in
several declarations and conventions, of which the Convention on
the Elimination of All Forms of Discrimination against Women is
the central and most comprehensive document.
Among the international human
rights treaties, the Convention takes an important place in
bringing the female half of humanity into the focus of human
rights concerns. The spirit of the Convention is rooted in the
goals of the United Nations: to reaffirm faith in fundamental
human rights, in the dignity,v and worth of the human person, in
the equal rights of men and women. The present document spells
out the meaning of equality and how it can be achieved. In so
doing, the Convention establishes not only an international bill
of rights for women, but also an agenda for action by countries
to guarantee the enjoyment of those rights.
In its preamble, the
Convention explicitly acknowledges that "extensive
discrimination against women continues to exist", and
emphasizes that such discrimination "violates the
principles of equality of rights and respect for human
dignity". As defined in article 1, discrimination is
understood as "any distinction, exclusion or restriction
made o.1 the basis of sex...in the political, economic, social,
cultural, civil or any other field". The Convention gives
positive affirmation to the principle of equality by requiring
States parties to take "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 3).
The agenda for equality is
specified in fourteen subsequent articles. In its approach, the
Convention covers three dimensions of the situation of women.
Civil rights and the legal status of women are dealt with in
great detail. In addition, and unlike other human rights
treaties, the Convention is also concerned with the dimension of
human reproduction as well as with the impact of cultural
factors on gender relations.
The legal status of women
receives the broadest attention. Concern over the basic rights
of political participation has not diminished since the adoption
of the Convention on the Political Rights of Women in 1952. Its
provisions, therefore, are restated in article 7 of the present
document, whereby women are guaranteed the rights to vote, to
hold public office and to exercise public functions. This
includes equal rights for women to represent their countries at
the international level (article 8). The Convention on the
Nationality of Married Women - adopted in 1957 - is integrated
under article 9 providing for the statehood of women,
irrespective of their marital status. The Convention, thereby,
draws attention to the fact that often women's legal status has
been linked to marriage, making them dependent on their
husband's nationality rather than individuals in their own
right. Articles 10, 11 and 13, respectively, affirm women's
rights to non-discrimination in education, employment and
economic and social activities. These demands are given special
emphasis with regard to the situation of rural women, whose
particular struggles and vital economic contributions, as noted
in article 14, warrant more attention in policy planning.
Article 15 asserts the full equality of women in civil and
business matters, demanding that all instruments directed at
restricting women's legal capacity ''shall be deemed null and
void". Finally, in article 16, the Convention returns to
the issue of marriage and family relations, asserting the equal
rights and obligations of women and men with regard to choice of
spouse, parenthood, personal rights and command over property.
Aside from civil rights
issues, the Convention also devotes major attention to a most
vital concern of women, namely their reproductive rights. The
preamble sets the tone by stating that "the role of women
in procreation should not be a basis for discrimination".
The link between discrimination and women's reproductive role is
a matter of recurrent concern in the Convention. For example, it
advocates, in article 5, ''a proper understanding of maternity
as a social function", demanding fully shared
responsibility for child-rearing by both sexes. Accordingly,
provisions for maternity protection and child-care are
proclaimed as essential rights and are incorporated into all
areas of the Convention, whether dealing with employment, family
law, health core or education. Society's obligation extends to
offering social services, especially child-care facilities, that
allow individuals to combine family responsibilities with work
and participation in public life. Special measures for maternity
protection are recommended and "shall not be considered
discriminatory". (article 4). "The Convention also
affirms women's right to reproductive choice. Notably, it is the
only human rights treaty to mention family planning. States
parties are obliged to include advice on family planning in the
education process (article l O.h) and to develop family codes
that guarantee women's rights "to decide freely and
responsibly on the number and spacing of their children and to
hove access to the information, education and means to enable
them to exercise these rights" (article 16.e).
The third general thrust of
the Convention aims at enlarging our understanding of the
concept of human rights, as it gives formal recognition to the
influence of culture and tradition on restricting women's
enjoyment of their fundamental rights. These forces take shape
in stereotypes, customs and norms which give rise to the
multitude of legal, political and economic constraints on the
advancement of women. Noting this interrelationship, the
preamble of the Convention stresses "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 of men and
women". States parties are therefore obliged to work
towards the modification of social and cultural patterns of
individual conduct in order to eliminate "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" (article 5). And
Article 1O.c. mandates the revision of textbooks, school
programmes and teaching methods with a view to eliminating
stereotyped concepts in the field of education. Finally,
cultural patterns which define the public realm as a man's world
and the domestic sphere as women's domain are strongly targeted
in all of the Convention's provisions that affirm the equal
responsibilities of both sexes in family life and their equal
rights with regard to education and employment. Altogether, the
Convention provides a comprehensive framework for challenging
the various forces that have created and sustained
discrimination based upon sex.
The implementation of the
Convention is monitored by the Committee on the Elimination of
Discrimination against Women (CEDAW). The Committee's mandate
and the administration of the treaty are defined in the Articles
17 to 30 of the Convention. The Committee is composed of 23
experts nominated by their Governments and elected by the States
parties as individuals "of high moral standing and
competence in the field covered by the Convention".
At least every four years, the
States parties are expected to submit a national report to the
Committee, indicating the measures they have adopted to give
effect to the provisions of the Convention. During its annual
session, the Committee members discuss these reports with the
Government representatives and explore with them areas for
further action by the specific country. The Committee also makes
general recommendations to the States parties on matters
concerning the elimination of discrimination against women.
The full text of the
Convention is set out herein
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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 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:
Article I
For the purposes of the present Convention,
the term "discrimination against women" shall mean
any distinction, exclusion or restriction made on the basis
of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality
of men and women, of human rights and fundamental freedoms
in the political, economic, social, cultural, civil or any
other field.
Article
2
States Parties condemn discrimination against
women in all its forms, agree to pursue by all appropriate
means and without delay a policy of eliminating
discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality
of men and women in their national constitutions or other
appropriate legislation if not yet incorporated therein
and to ensure, through law and other appropriate means,
the practical realization of this principle;
(b) To adopt appropriate
legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women;
(c) To establish legal
protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other
public institutions the effective protection of women
against any act of discrimination;
(d) To refrain from
engaging in any act or practice of discrimination against
women and to ensure that public authorities and institutions
shall act in conformity with this obligation;
(e) To take all
appropriate measures to eliminate discrimination against
women by any person, organization or enterprise;
(f) To take all
appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices
which constitute discrimination against women;
(g) To repeal all national
penal provisions which constitute discrimination against
women.
Article
3
States Parties shall take in all fields, in
particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to
en sure the full development and advancement of women , for
the purpose of guaranteeing them the exercise and enjoyment
of human rights and fundamental freedoms on a basis of
equality with men.
Article
4
1. Adoption by States Parties of temporary
special measures aimed at accelerating de facto equality
between men and women shall not be considered discrimination
as defined in the present Convention, but shall in no way
entail as a consequence the maintenance of unequal or
separate standards; these measures shall be discontinued
when the objectives of equality of opportunity and treatment
have been achieved.
2. Adoption by States
Parties of special measures, including those measures
contained in the present Convention, aimed at protecting
maternity shall not be considered discriminatory.
Article
5
States Parties shall take all appropriate
measures:
(a) To modify the social and cultural
patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and
all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or
on stereotyped roles for men and women;
(b) To ensure that family
education includes a proper understanding of maternity as a
social function and the recognition of the common
responsibility of men and women in the upbringing and
development of their children, it being understood that the
interest of the children is the primordial consideration in
all cases.
Article
6
States Parties shall take all appropriate
measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women.
PART II
Article 7
States Parties shall take all appropriate
measures to eliminate discrimination against women in the
political and public life of the country and, in particular,
shall ensure to women, on equal terms with men, the right:
(a) To vote in all elections and public
referenda and to be eligible for election to all publicly
elected bodies;
(b) To participate in the
formulation of government policy and the implementation
thereof and to hold public office and perform all public
functions at all levels of government;
(c) To participate in
non-governmental organizations and associations concerned
with the public and political life of the country.
Article
8
States Parties shall take all appropriate
measures to ensure to women, on equal terms with men and
without any discrimination, the opportunity to represent
their Governments at the international level and to
participate in the work of international organizations.
Article
9
1. States Parties shall grant women equal
rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither
marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the
nationality of the wife, render her stateless or force upon
her the nationality of the husband.
2. States Parties shall
grant women equal rights with men with respect to the
nationality of their children.
Article 10
States Parties shall take all appropriate
measures to eliminate discrimination against women in order
to ensure to them equal rights with men in the field of
education and in particular to ensure, on a basis of
equality of men and women:
(a) The same conditions for career and
vocational guidance, for access to studies and for the
achievement of diplomas in educational establishments of
all categories in rural as well as in urban areas; this
equality shall be ensured in pre-school, general,
technical, professional and higher technical education, as
well as in all types of vocational training;
(b) Access to the same
curricula, the same examinations, teaching staff with
qualifications of the same standard and school premises and
equipment of the same quality;
(c) The elimination of any
stereotyped concept of the roles of men and women at all
levels and in all forms of education by encouraging
coeducation and other types of education which will help to
achieve this aim and, in particular, by the revision of
textbooks and school programmes and the adaptation of
teaching methods;
(d ) The same
opportunities to benefit from scholarships and other study
grants;
(e) The same opportunities
for access to programmes of continuing education, including
adult and functional literacy programmes, particulary those
aimed at reducing, at the earliest possible time, any gap in
education existing between men and women;
(f) The reduction of
female student drop-out rates and the organization of
programmes for girls and women who have left school
prematurely;
(g) The same Opportunities
to participate actively in sports and physical education;
(h) Access to specific
educational information to help to ensure the health and
well-being of families, including information and advice on
family planning.
Article
11
1. States Parties shall take all appropriate
measures to eliminate discrimination against women in the
field of employment in order to ensure, on a basis of
equality of men and women, the same rights, in particular:
(a) The right to work as an inalienable
right of all human beings;
(b) The right to the same
employment opportunities, including the application of the
same criteria for selection in matters of employment;
(c) The right to free
choice of profession and employment, the right to promotion,
job security and all benefits and conditions of service and
the right to receive vocational training and retraining,
including apprenticeships, advanced vocational training and
recurrent training;
(d) The right to equal
remuneration, including benefits, and to equal treatment in
respect of work of equal value, as well as equality of
treatment in the evaluation of the quality of work;
(e) The right to social
security, particularly in cases of retirement, unemployment,
sickness, invalidity and old age and other incapacity to
work, as well as the right to paid leave;
(f) The right to
protection of health and to safety in working conditions,
including the safeguarding of the function of reproduction.
2. In order to prevent discrimination against
women on the grounds of marriage or maternity and to ensure
their effective right to work, States Parties shall take
appropriate measures:
(a) To prohibit, subject to the imposition
of sanctions, dismissal on the grounds of pregnancy or of
maternity leave and discrimination in dismissals on the
basis of marital status;
(b) To introduce maternity
leave with pay or with comparable social benefits without
loss of former employment, seniority or social allowances;
(c) To encourage the
provision of the necessary supporting social services to
enable parents to combine family obligations with work
responsibilities and participation in public life, in
particular through promoting the establishment and
development of a network of child-care facilities;
(d) To provide special
protection to women during pregnancy in types of work proved
to be harmful to them.
3. Protective legislation relating to matters
covered in this article shall be reviewed periodically in
the light of scientific and technological knowledge and
shall be revised, repealed or extended as necessary.
Article
12
1. States Parties shall take all appropriate
measures to eliminate discrimination against women in the
field of health care in order to ensure, on a basis of
equality of men and women, access to health care services,
including those related to family planning.
2. Notwithstanding the
provisions of paragraph I of this article, States Parties
shall ensure to women appropriate services in connection with
pregnancy, confinement and the post-natal period, granting
free services where necessary, as well as adequate nutrition
during pregnancy and lactation.
Article
13
States Parties shall take all appropriate
measures to eliminate discrimination against women in other
areas of economic and social life in order to ensure, on a
basis of equality of men and women, the same rights, in
particular:
(a) The right to family benefits;
(b) The right to bank
loans, mortgages and other forms of financial credit;
(c) The right to
participate in recreational activities, sports and all
aspects of cultural life.
Article
14
1. States Parties shall take into account the
particular problems faced by rural women and the significant
roles which rural women play in the economic survival of
their families, including their work in the non-monetized
sectors of the economy, and shall take all appropriate
measures to ensure the application of the provisions of the
present Convention to women in rural areas.
2. States Parties shall take
all appropriate measures to eliminate discrimination against
women in rural areas in order to ensure, on a basis of
equality of men and women, that they participate in and
benefit from rural development and, in particular, shall
ensure to such women the right:
(a) To participate in the elaboration and
implementation of development planning at all levels;
(b) To have access to
adequate health care facilities, including information,
counselling and services in family planning;
(c) To benefit directly
from social security programmes;
(d) To obtain all types of
training and education, formal and non-formal, including
that relating to functional literacy, as well as, inter alia,
the benefit of all community and extension services, in
order to increase their technical proficiency;
(e) To organize self-help
groups and co-operatives in order to obtain equal access to
economic opportunities through employment or self
employment;
(f) To participate in all
community activities;
(g) To have access to
agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and
agrarian reform as well as in land resettlement schemes;
(h) To enjoy adequate
living conditions, particularly in relation to housing,
sanitation, electricity and water supply, transport and
communications.
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.
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
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