CEDAW
CEDAW
the legal status of women are dealt with in great detail. In addition, and unlike other
On 18 December 1979, the Convention on the Elimination of All Forms of human rights treaties, the Convention is also concerned with the dimension of
Discrimination against Women was adopted by the United Nations General human reproduction as well as with the impact of cultural factors on gender
Assembly. It entered into force as an international treaty on 3 September 1981 after relations.
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 legal status of women receives the broadest attention. Concern over the basic
rights of political participation has not diminished since the adoption of the
The Convention was the culmination of more than thirty years of work by the United Convention on the Political Rights of Women in 1952. Its provisions, therefore, are
Nations Commission on the Status of Women, a body established in 1946 to monitor restated in article 7 of the present document, whereby women are guaranteed the
the situation of women and to promote women's rights. The Commission's work has rights to vote, to hold public office and to exercise public functions. This includes
been instrumental in bringing to light all the areas in which women are denied equal rights for women to represent their countries at the international level (article
equality with men. These efforts for the advancement of women have resulted in 8). The Convention on the Nationality of Married Women - adopted in 1957 - is
several declarations and conventions, of which the Convention on the Elimination of integrated under article 9 providing for the statehood of women, irrespective of their
All Forms of Discrimination against Women is the central and most comprehensive marital status. The Convention, thereby, draws attention to the fact that often
document. 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,
Among the international human rights treaties, the Convention takes an important respectively, affirm women's rights to non-discrimination in education, employment
place in bringing the female half of humanity into the focus of human rights and economic and social activities. These demands are given special emphasis with
concerns. The spirit of the Convention is rooted in the goals of the United Nations: to regard to the situation of rural women, whose particular struggles and vital economic
reaffirm faith in fundamental human rights, in the dignity,v and worth of the human contributions, as noted in article 14, warrant more attention in policy planning. Article
person, in the equal rights of men and women. The present document spells out the 15 asserts the full equality of women in civil and business matters, demanding that
meaning of equality and how it can be achieved. In so doing, the Convention all instruments directed at restricting women's legal capacity ''shall be deemed null
establishes not only an international bill of rights for women, but also an agenda for and void". Finally, in article 16, the Convention returns to the issue of marriage and
action by countries to guarantee the enjoyment of those rights. 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.
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 Aside from civil rights issues, the Convention also devotes major attention to a most
dignity". As defined in article 1, discrimination is understood as "any distinction, vital concern of women, namely their reproductive rights. The preamble sets the tone
exclusion or restriction made o.1 the basis of sex...in the political, economic, social, by stating that "the role of women in procreation should not be a basis for
cultural, civil or any other field". The Convention gives positive affirmation to the discrimination". The link between discrimination and women's reproductive role is a
principle of equality by requiring States parties to take "all appropriate measures, matter of recurrent concern in the Convention. For example, it advocates, in article
including legislation, to ensure the full development and advancement of women, for 5, ''a proper understanding of maternity as a social function", demanding fully shared
the purpose of guaranteeing them the exercise and enjoyment of human rights and responsibility for child-rearing by both sexes. Accordingly, provisions for maternity
fundamental freedoms on a basis of equality with men"(article 3). 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
The agenda for equality is specified in fourteen subsequent articles. In its approach,
child-care facilities, that allow individuals to combine family responsibilities with work
the Convention covers three dimensions of the situation of women. Civil rights and
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and participation in public life. Special measures for maternity protection are to the Committee, indicating the measures they have adopted to give effect to the
recommended and "shall not be considered discriminatory". (article 4). "The provisions of the Convention. During its annual session, the Committee members
Convention also affirms women's right to reproductive choice. Notably, it is the only discuss these reports with the Government representatives and explore with them
human rights treaty to mention family planning. States parties are obliged to include areas for further action by the specific country. The Committee also makes general
advice on family planning in the education process (article l O.h) and to develop recommendations to the States parties on matters concerning the elimination of
family codes that guarantee women's rights "to decide freely and responsibly on the discrimination against women.
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 full text of the Convention is set out herein
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
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
tradition on restricting women's enjoyment of their fundamental rights. These forces
AGAINST WOMEN
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
The States Parties to the present Convention,
interrelationship, the preamble of the Convention stresses "that a change in the
Noting that the Charter of the United Nations reaffirms faith in fundamental human
traditional role of men as well as the role of women in society and in the family is
rights, in the dignity and worth of the human person and in the equal rights of men
needed to achieve full equality of men and women". States parties are therefore
and women,
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 Noting that the Universal Declaration of Human Rights affirms the principle of the
stereotyped roles for men and women" (article 5). And Article 1O.c. mandates the inadmissibility of discrimination and proclaims that all human beings are born free
revision of textbooks, school programmes and teaching methods with a view to and equal in dignity and rights and that everyone is entitled to all the rights and
eliminating stereotyped concepts in the field of education. Finally, cultural patterns freedoms set forth therein, without distinction of any kind, including distinction based
which define the public realm as a man's world and the domestic sphere as women's on sex,
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 Noting that the States Parties to the International Covenants on Human Rights have
education and employment. Altogether, the Convention provides a comprehensive the obligation to ensure the equal rights of men and women to enjoy all economic,
framework for challenging the various forces that have created and sustained social, cultural, civil and political rights,
discrimination based upon sex.
Considering the international conventions concluded under the auspices of the
The implementation of the Convention is monitored by the Committee on the United Nations and the specialized agencies promoting equality of rights of men and
Elimination of Discrimination against Women (CEDAW). The Committee's mandate women,
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 Noting also the resolutions, declarations and recommendations adopted by the
Governments and elected by the States parties as individuals "of high moral United Nations and the specialized agencies promoting equality of rights of men and
standing and competence in the field covered by the Convention". women,
At least every four years, the States parties are expected to submit a national report Concerned, however, that despite these various instruments extensive
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discrimination against women continues to exist, 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,
Recalling that discrimination against women violates the principles of equality of and aware that the role of women in procreation should not be a basis for
rights and respect for human dignity, is an obstacle to the participation of women, on discrimination but that the upbringing of children requires a sharing of responsibility
equal terms with men, in the political, social, economic and cultural life of their between men and women and society as a whole,
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 Aware that a change in the traditional role of men as well as the role of women in
their countries and of humanity, society and in the family is needed to achieve full equality between men and women,
Concerned that in situations of poverty women have the least access to food, health, Determined to implement the principles set forth in the Declaration on the
education, training and opportunities for employment and other needs, 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
Convinced that the establishment of the new international economic order based on manifestations,
equity and justice will contribute significantly towards the promotion of equality
between men and women, Have agreed on the following:
Emphasizing that the eradication of apartheid, all forms of racism, racial PART I
discrimination, colonialism, neo-colonialism, aggression, foreign occupation and
domination and interference in the internal affairs of States is essential to the full Article I
enjoyment of the rights of men and women,
For the purposes of the present Convention, the term "discrimination against
Affirming that the strengthening of international peace and security, the relaxation of women" shall mean any distinction, exclusion or restriction made on the basis of sex
international tension, mutual co-operation among all States irrespective of their which has the effect or purpose of impairing or nullifying the recognition, enjoyment
social and economic systems, general and complete disarmament, in particular or exercise by women, irrespective of their marital status, on a basis of equality of
nuclear disarmament under strict and effective international control, the affirmation men and women, of human rights and fundamental freedoms in the political,
of the principles of justice, equality and mutual benefit in relations among countries economic, social, cultural, civil or any other field.
and the realization of the right of peoples under alien and colonial domination and Article 2
foreign occupation to self-determination and independence, as well as respect for States Parties condemn discrimination against women in all its forms, agree to
national sovereignty and territorial integrity, will promote social progress and pursue by all appropriate means and without delay a policy of eliminating
development and as a consequence will contribute to the attainment of full equality discrimination against women and, to this end, undertake:
between men and women, (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
Convinced that the full and complete development of a country, the welfare of the ensure, through law and other appropriate means, the practical realization of this
world and the cause of peace require the maximum participation of women on equal principle;
terms with men in all fields,
(b) To adopt appropriate legislative and other measures, including sanctions where
Bearing in mind the great contribution of women to the welfare of the family and to
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Article 5
appropriate, prohibiting all discrimination against women; 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
(c) To establish legal protection of the rights of women on an equal basis with men
which are based on the idea of the inferiority or the superiority of either of the sexes
and to ensure through competent national tribunals and other public institutions the
or on stereotyped roles for men and women;
effective protection of women against any act of discrimination;
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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 (f) The reduction of female student drop-out rates and the organization of
alien nor change of nationality by the husband during marriage shall automatically programmes for girls and women who have left school prematurely;
change the nationality of the wife, render her stateless or force upon her the
nationality of the husband. (g) The same Opportunities to participate actively in sports and physical education;
2. States Parties shall grant women equal rights with men with respect to the (h) Access to specific educational information to help to ensure the health and well-
nationality of their children. being of families, including information and advice on family planning.
(d ) The same opportunities to benefit from scholarships and other study grants; (f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
(e) The same opportunities for access to programmes of continuing education,
including adult and functional literacy programmes, particulary those aimed at 2. In order to prevent discrimination against women on the grounds of marriage or
reducing, at the earliest possible time, any gap in education existing between men maternity and to ensure their effective right to work, States Parties shall take
and women; appropriate measures:
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of
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pregnancy or of maternity leave and discrimination in dismissals on the basis of Article 14
marital status; 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
(b) To introduce maternity leave with pay or with comparable social benefits without their families, including their work in the non-monetized sectors of the economy, and
loss of former employment, seniority or social allowances; shall take all appropriate measures to ensure the application of the provisions of the
present Convention to women in rural areas.
(c) To encourage the provision of the necessary supporting social services to enable
parents to combine family obligations with work responsibilities and participation in 2. States Parties shall take all appropriate measures to eliminate discrimination
public life, in particular through promoting the establishment and development of a against women in rural areas in order to ensure, on a basis of equality of men and
network of child-care facilities; women, that they participate in and benefit from rural development and, in particular,
shall ensure to such women the right:
(d) To provide special protection to women during pregnancy in types of work proved
to be harmful to them. (a) To participate in the elaboration and implementation of development planning at
all levels;
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 (b) To have access to adequate health care facilities, including information,
revised, repealed or extended as necessary. counselling and services in family planning;
Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination (c) To benefit directly from social security programmes;
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 (d) To obtain all types of training and education, formal and non-formal, including
planning. 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;
2. Notwithstanding the provisions of paragraph I of this article, States Parties shall
ensure to women appropriate services in connection with pregnancy, confinement (e) To organize self-help groups and co-operatives in order to obtain equal access to
and the post-natal period, granting free services where necessary, as well as economic opportunities through employment or self employment;
adequate nutrition during pregnancy and lactation.
(f) To participate in all community activities;
Article 13
States Parties shall take all appropriate measures to eliminate discrimination against (g) To have access to agricultural credit and loans, marketing facilities, appropriate
women in other areas of economic and social life in order to ensure, on a basis of technology and equal treatment in land and agrarian reform as well as in land
equality of men and women, the same rights, in particular: resettlement schemes;
(a) The right to family benefits;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation,
(b) The right to bank loans, mortgages and other forms of financial credit; electricity and water supply, transport and communications.
(c) The right to participate in recreational activities, sports and all aspects of cultural PART IV
life.
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Article 15 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
1. States Parties shall accord to women equality with men before the law. paramount;
2. States Parties shall accord to women, in civil matters, a legal capacity identical to (g) The same personal rights as husband and wife, including the right to choose a
that of men and the same opportunities to exercise that capacity. In particular, they family name, a profession and an occupation;
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. (h) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free of
3. States Parties agree that all contracts and all other private instruments of any kind charge or for a valuable consideration.
with a legal effect which is directed at restricting the legal capacity of women shall be
deemed null and void. 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
4. States Parties shall accord to men and women the same rights with regard to the marriage and to make the registration of marriages in an official registry compulsory.
law relating to the movement of persons and the freedom to choose their residence PART V
and domicile.
Article 17
Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination 1. For the purpose of considering the progress made in the implementation of the
against women in all matters relating to marriage and family relations and in present Convention, there shall be established a Committee on the Elimination of
particular shall ensure, on a basis of equality of men and women: Discrimination against Women (hereinafter referred to as the Committee) consisting,
(a) The same right to enter into marriage; 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
(b) The same right freely to choose a spouse and to enter into marriage only with of high moral standing and competence in the field covered by the Convention. The
their free and full consent; 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
(c) The same rights and responsibilities during marriage and at its dissolution;
the principal legal systems.
(d) The same rights and responsibilities as parents, irrespective of their marital
2. The members of the Committee shall be elected by secret ballot from a list of
status, in matters relating to their children; in all cases the interests of the children
persons nominated by States Parties. Each State Party may nominate one person
shall be paramount;
from among its own nationals.
(e) The same rights to decide freely and responsibly on the number and spacing of
3. The initial election shall be held six months after the date of the entry into force of
their children and to have access to the information, education and means to enable
the present Convention. At least three months before the date of each election the
them to exercise these rights;
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
(f) The same rights and responsibilities with regard to guardianship, wardship,
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administrative or other measures which they have adopted to give effect to the
shall prepare a list in alphabetical order of all persons thus nominated, indicating the provisions of the present Convention and on the progress made in this respect:
States Parties which have nominated them, and shall submit it to the States Parties. (a) Within one year after the entry into force for the State concerned;
4. Elections of the members of the Committee shall be held at a meeting of States (b) Thereafter at least every four years and further whenever the Committee so
Parties convened by the Secretary-General at United Nations Headquarters. At that requests.
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 2. Reports may indicate factors and difficulties affecting the degree of fulfilment of
number of votes and an absolute majority of the votes of the representatives of obligations under the present Convention.
States Parties present and voting. Article 19
1. The Committee shall adopt its own rules of procedure.
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 2. The Committee shall elect its officers for a term of two years.
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. Article 20
1. The Committee shall normally meet for a period of not more than two weeks
6. The election of the five additional members of the Committee shall be held in annually in order to consider the reports submitted in accordance with article 18 of
accordance with the provisions of paragraphs 2, 3 and 4 of this article, following the the present Convention.
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 2. The meetings of the Committee shall normally be held at United Nations
members having been chosen by lot by the Chairman of the Committee. Headquarters or at any other convenient place as determined by the Committee.
(amendment, status of ratification)
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 Article 21
nationals, subject to the approval of the Committee. 1. The Committee shall, through the Economic and Social Council, report annually to
the General Assembly of the United Nations on its activities and may make
8. The members of the Committee shall, with the approval of the General Assembly, suggestions and general recommendations based on the examination of reports and
receive emoluments from United Nations resources on such terms and conditions as information received from the States Parties. Such suggestions and general
the Assembly may decide, having regard to the importance of the Committee's recommendations shall be included in the report of the Committee together with
responsibilities. comments, if any, from States Parties.
9. The Secretary-General of the United Nations shall provide the necessary staff and 2. The Secretary-General of the United Nations shall transmit the reports of the
facilities for the effective performance of the functions of the Committee under the Committee to the Commission on the Status of Women for its information.
present Convention.
Article 22
Article 18 The specialized agencies shall be entitled to be represented at the consideration of
1. States Parties undertake to submit to the Secretary-General of the United the implementation of such provisions of the present Convention as fall within the
Nations, for consideration by the Committee, a report on the legislative, judicial, scope of their activities. The Committee may invite the specialized agencies to
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submit reports on the implementation of the Convention in areas falling within the Article 27
scope of their activities. 1. The present Convention shall enter into force on the thirtieth day after the date of
PART VI deposit with the Secretary-General of the United Nations of the twentieth instrument
of ratification or accession.
Article 23
2. For each State ratifying the present Convention or acceding to it after the deposit
Nothing in the present Convention shall affect any provisions that are more of the twentieth instrument of ratification or accession, the Convention shall enter
conducive to the achievement of equality between men and women which may be into force on the thirtieth day after the date of the deposit of its own instrument of
contained: ratification or accession.
(a) In the legislation of a State Party; or
Article 28
(b) In any other international convention, treaty or agreement in force for that State. 1. The Secretary-General of the United Nations shall receive and circulate to all
States the text of reservations made by States at the time of ratification or
accession.
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 2. A reservation incompatible with the object and purpose of the present Convention
Convention. shall not be permitted.
Article 25
1. The present Convention shall be open for signature by all States. 3. Reservations may be withdrawn at any time by notification to this effect addressed
to the Secretary-General of the United Nations, who shall then inform all States
2. The Secretary-General of the United Nations is designated as the depositary of thereof. Such notification shall take effect on the date on which it is received.
the present Convention.
Article 29
3. The present Convention is subject to ratification. Instruments of ratification shall 1. Any dispute between two or more States Parties concerning the interpretation or
be deposited with the Secretary-General of the United Nations. application of the present Convention which is not settled by negotiation shall, at the
request of one of them, be submitted to arbitration. If within six months from the date
of the request for arbitration the parties are unable to agree on the organization of
4. The present Convention shall be open to accession by all States. Accession shall
the arbitration, any one of those parties may refer the dispute to the International
be effected by the deposit of an instrument of accession with the Secretary-General
Court of Justice by request in conformity with the Statute of the Court.
of the United Nations.
2. Each State Party may at the time of signature or ratification of the present
Article 26
Convention or accession thereto declare that it does not consider itself bound by
1. A request for the revision of the present Convention may be made at any time by
paragraph I of this article. The other States Parties shall not be bound by that
any State Party by means of a notification in writing addressed to the Secretary-
paragraph with respect to any State Party which has made such a reservation.
General of the United Nations.
3. Any State Party which has made a reservation in accordance with paragraph 2 of
2. The General Assembly of the United Nations shall decide upon the steps, if any,
this article may at any time withdraw that reservation by notification to the Secretary-
to be taken in respect of such a request.
General of the United Nations.
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Article 30
The present Convention, the Arabic, Chinese, English, French, Russian and Spanish
texts of which are equally authentic, shall be deposited with the Secretary-General of
the United Nations.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed the present
Convention.
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