CEDAW

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U.N.T.S. No. 20378, vol. 1249 (1981), p. 13
 
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 man and women,
 
Noting that the Universal Declaration of Human Rights affirms
the principle of the inadmissibility of discrimination and
proclaims that all human beings are born free and equal in
dignity and rights and that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of
any kind, including distinction based on sex,
 
Noting that the States Parties to the International Covenants
on Human Rights have the obligation to ensure the equal right
of men and women to enjoy all economic, social, cultural,
civil and political rights,
 
Considering the international conventions concluded under the
auspices of the United Nations and the specialized agencies
promoting equality of rights of men and women,
 
Noting also the resolutions, declarations and recommendations
adopted by the United Nations and the specialized agencies
promoting equality of rights of men and women,
 
Concerned, however, that despite these various instruments
extensive discrimination against women continues to exist,
 
Recalling that discrimination against women violates the
principles of equality of rights and respect for human
dignity, is an obstacle to the participation of women, on
equal terms with 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, of all forms of
racism, racial discrimination, colonialism, neo-colonialism,
aggression, foreign occupation and domination and interference
in the internal affairs of States is essential to the full
enjoyment of the rights of men and women,
 
Affirming that the strengthening of international peace and
security, relaxation of international tension, mutual
co-operation among all States irrespective of their social and
economic systems, general and complete disarmament, and in
particular nuclear disarmament under strict and effective
international control, the affirmation of the principles of
justice, equality and mutual benefit in relations among
countries and the realization of the right of peoples under
alien and colonial domination and foreign occupation to
self-determination and independence, as well as respect for
national sovereignty and territorial integrity, will promote
social progress and development and as a consequence will
contribute to the attainment of full equality between men and
women, 
 
Convinced that the full and complete development of a country,
the welfare of the world and the cause of peace require the
maximum participation of women on equal terms with men in all
fields, 
 
Bearing in mind the great contribution of women to the welfare
of the family and to the development of society, so far not
fully recognized, the social significance of maternity and the
role of both parents in the family and in the upbringing of
children, and aware that the role of women in procreation
should not be a basis for discrimination but that the
upbringing of children requires a sharing of responsibility
between men and women and society as a whole,
 
Aware that a change in the traditional role of men as well as
the role of women in society and in the family is needed to
achieve full equality between men and women,
 
Determined to implement the principles set forth in the
Declaration on the Elimination of Discrimination against Women
and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and
manifestations,
 
Have agreed on the following:
 
 
                                    PART I
 
Article 1. 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
ensure the full development and advancement of women, for the
purpose of guaranteeing them the exercise and enjoyment of
human rights and fundamental freedoms on a basis of equality
with men.
 
Article 4. 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.
 
 
                               PART III
 
Article 10. States Parties shall take all appropriate measures
to eliminate discrimination against women in order to ensure
to them equal rights with men in the field of education and in
particular to ensure, on a basis of equality 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
preschool, 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, particularly 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 1 of this
article, States Parties shall ensure to women appropriate
services in connexion 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 this 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.
 
 
                                 PART IV
 
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.
 
 
                                 PART V
 
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 the United Nations shall provide
the necessary staff and facilities for the effective
performance of the functions of the Committee under the
present Convention. 
 
Article 18. 1. States Parties undertake to submit to the
Secretary-General of the United Nations, for consideration by
the Committee, a report on the legislative, judicial,
administrative or other measures which they have adopted to
give effect to he provisions of the present Convention
and on the progress made in this respect: 
 (a) Within one year after the entry into force for the State
concerned; and 
 (b) Thereafter at least every four years and further whenever
the Committee so requests.
 
2. Reports may indicate factors and difficulties affecting the
degree of fulfilment of obligations under the present
Convention. 
 
Article 19. 1. The Committee shall adopt its own rules of
procedure. 
 
2. The Committee shall elect its officers for a term of two
years.
 
Article 20. 1. The Committee shall normally meet for a period
of not more than two weeks annually in order to consider the
reports submitted in accordance with article 18 of the present
Convention.
 
2. The meetings of the Committee shall normally be held at
United Nations Headquarters or at any other convenient place
as determined by the Committee.
 
Article 21. 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 suggestions and
general recommendations based on the examination of reports
and information received from the States Parties. Such
suggestions and general recommendations shall be included in
the report of the Committee together with comments, if any,
from States Parties.
 
2. The Secretary-General shall transmit the reports of the
Committee to the Commission on the Status of Women for its
information.
 
Article 22. The specialized agencies shall be entitled to be
represented at the consideration of the implementation of such
provisions of the present Convention as fall within the scope
of their activities. The Committee may invite the specialized
agencies to submit reports on the implementation of the
Convention in areas falling within the scope of their
activities. 
 
 
                                 PART VI
 
Article 23. Nothing in this Convention shall affect any
provisions that are more conducive to the achievement of
equality between men and women which may be contained:
 (a) In the legislation of a State Party; or
 (b) In any other international convention, treaty or
agreement in force for that State.
 
Article 24. States Parties undertake to adopt all necessary
measures at the national level aimed at achieving the full
realization of the rights recognized in the present
Convention.
 
Article 25. 1. The present Convention shall be open for
signature by all States.
 
2. The Secretary-General of the United Nations is designated
as the depositary of the present Convention.
 
3. The present Convention is subject to ratification.
Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
 
4. The present Convention shall be open to accession by all
States. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the
United Nations.
 
Article 26. 1. A request for the revision of the present
Convention may be made at any time by any State Party by means
of a notification in writing addressed to the
Secretary-General of the United Nations. 
 
2. The General Assembly of the United Nations shall decide
upon the steps, if any, to be taken in respect of such a
request. 
 
Article 27. 1. The present Convention shall enter into force
on the thirtieth day after the date of deposit with the
Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.
 
2. For each State ratifying the present Convention or acceding
to it after the deposit of the twentieth instrument of
ratification or accession, the Convention shall enter into
force on the thirtieth day after the date of the deposit of
its own instrument of ratification or accession.
 
Article 28. 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. 
 
2. A reservation incompatible with the object and purpose of
the present Convention shall not be permitted.
 
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 thereof. Such
notification shall take effect on the date on which it is
received.
 
Article 29. 1. Any dispute between two or more States Parties
concerning the interpretation or 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 the
arbitration, any one of those parties may refer the dispute to
the International Court of Justice by request in conformity
with the Statute of the Court. 
 
2. Each State Party may at the time of signature or
ratification of this Convention or accession thereto declare
that it does not consider itself bound by paragraph 1 of this
article. The other States Parties shall not be bound by that
paragraph with respect to any State Party which has made such
a reservation.
 
3. Any State Party which has made a reservation in accordance
with paragraph 2 of this article may at any time withdraw that
reservation by notification to the Secretary-General of the
United Nations. 
 
Article 30. The present Convention, the Arabic, Chinese,
English, French, Russian and Spanish texts of which are
equally authentic, shall be deposited with the
Secretary-General of the United Nations. 
 
IN WITNESS WHEREOF the undersigned, duly authorized, have
signed the present Convention. 
 
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BURMA ACCEDED TO THIS TREATY ON 22 JULY 1997