UNIVERSAL DECLARATION OF HUMAN RIGHTS
Adopted and proclaimed by General Assembly resolution 217 A (III)
of 10 December 1948
On December 10, 1948 the General Assembly of the United Nations
adopted and proclaimed the Universal Declaration of Human Rights
the full text of which appears in the following pages. Following
this historic act the Assembly called upon all Member countries
to publicize the text of the Declaration and "to cause it
to be disseminated, displayed, read and expounded principally
in schools and other educational institutions, without distinction
based on the political status of countries or territories."
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation
of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted
in barbarous acts which have outraged the conscience of mankind,
and the advent of a world in which human beings shall enjoy freedom
of speech and belief and freedom from fear and want has been proclaimed
as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and oppression,
that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly
relations between nations,
Whereas the peoples of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men and
women and have determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation
with the United Nations, the promotion of universal respect for
and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is
of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION
OF HUMAN RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every organ
of society, keeping this Declaration constantly in mind, shall
strive by teaching and education to promote respect for these
rights and freedoms and by progressive measures, national and
international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves
and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They
are endowed with reason and conscience and should act towards
one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth
in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore,
no distinction shall be made on the basis of the political, jurisdictional
or international status of the country or territory to which a
person belongs, whether it be independent, trust, non-self-governing
or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before
the law.
Article 7.
All are equal before the law and are entitled without any discrimination
to equal protection of the law. All are entitled to equal protection
against any discrimination in violation of this Declaration and
against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted
him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination
of his rights and obligations and of any criminal charge against
him.
Article 11.
(1) Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public
trial at which he has had all the guarantees necessary for his
defence.
(2) No one shall be held guilty of any penal offence on account
of any act or omission which did not constitute a penal offence,
under national or international law, at the time when it was committed.
Nor shall a heavier penalty be imposed than the one that was applicable
at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor to attacks upon his honour
and reputation. Everyone has the right to the protection of the
law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence
within the borders of each state.
(2) Everyone has the right to leave any country, including his
own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
(2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary
to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found
a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in
association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion;
this right includes freedom to change his religion or belief,
and freedom, either alone or in community with others and in public
or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and
to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and
association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in
his country.
(3) The will of the people shall be the basis of the authority
of government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall
be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security
and is entitled to realization, through national effort and international
co-operation and in accordance with the organization and resources
of each State, of the economic, social and cultural rights indispensable
for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment,
to just and favourable conditions of work and to protection against
unemployment.
(2) Everyone, without any discrimination, has the right to equal
pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human
dignity, and supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join trade unions for
the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free,
at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional education
shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for human
rights and fundamental freedoms. It shall promote understanding,
tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations
for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education
that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural
life of the community, to enjoy the arts and to share in scientific
advancement and its benefits.
(2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which
the rights and freedoms set forth in this Declaration can be fully
realized.
Article 29.
(1) Everyone has duties to the community in which alone the free
and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law solely
for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a democratic
society.
(3) These rights and freedoms may in no case be exercised contrary
to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in any activity
or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.
Convention against Torture and
Other Cruel, Inhuman
or Degrading Treatment or Punishment
Adopted and opened for signature, ratification and accession by
General Assembly resolution 39/46 of 10 December 1984
entry into force 26 June 1987, in accordance with article 27 (1)
status of ratifications
declarations and reservations
monitoring bodyThe States Parties to this Convention,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,
Recognizing that those rights derive from the inherent dignity
of the human person,
Considering the obligation of States under the Charter, in particular
Article 55, to promote universal respect for, and observance of,
human rights and fundamental freedoms,
Having regard to article 5 of the Universal Declaration of Human
Rights and article 7 of the International Covenant on Civil and
Political Rights, both of which provide that no one shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on the Protection of All
Persons from Being Subjected to Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted by the General Assembly
on 9 December 1975,
Desiring to make more effective the struggle against torture and
other cruel, inhuman or degrading treatment or punishment throughout
the world,
Have agreed as follows:
PART I
Article 1
1. For the purposes of this Convention, the term "torture"
means any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or
is suspected of having committed, or intimidating or coercing
him or a third person, or for any reason based on discrimination
of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does
not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.
2. This article is without prejudice to any international instrument
or national legislation which does or may contain provisions of
wider application.
Article 2
1. Each State Party shall take effective legislative, administrative,
judicial or other measures to prevent acts of torture in any territory
under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of
war or a threat of war, internal political in stability or any
other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may
not be invoked as a justification of torture.
Article 3 General comment on its implementation
1. No State Party shall expel, return ("refouler") or
extradite a person to another State where there are substantial
grounds for believing that he would be in danger of being subjected
to torture.
2. For the purpose of determining whether there are such grounds,
the competent authorities shall take into account all relevant
considerations including, where applicable, the existence in the
State concerned of a consistent pattern of gross, flagrant or
mass violations of human rights.
Article 4
1. Each State Party shall ensure that all acts of torture are
offences under its criminal law. The same shall apply to an attempt
to commit torture and to an act by any person which constitutes
complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate
penalties which take into account their grave nature.
Article 5
1. Each State Party shall take such measures as may be necessary
to establish its jurisdiction over the offences referred to in
article 4 in the following cases:
(a) When the offences are committed in any territory under its
jurisdiction or on board a ship or aircraft registered in that
State;
(b) When the alleged offender is a national of that State;
(c) When the victim is a national of that State if that State
considers it appropriate.
2. Each State Party shall likewise take such measures as may be
necessary to establish its jurisdiction over such offences in
cases where the alleged offender is present in any territory under
its jurisdiction and it does not extradite him pursuant to article
8 to any of the States mentioned in paragraph I of this article.
3. This Convention does not exclude any criminal jurisdiction
exercised in accordance with internal law.
Article 6
1. Upon being satisfied, after an examination of information available
to it, that the circumstances so warrant, any State Party in whose
territory a person alleged to have committed any offence referred
to in article 4 is present shall take him into custody or take
other legal measures to ensure his presence. The custody and other
legal measures shall be as provided in the law of that State but
may be continued only for such time as is necessary to enable
any criminal or extradition proceedings to be instituted.
2. Such State shall immediately make a preliminary inquiry into
the facts.
3. Any person in custody pursuant to paragraph I of this article
shall be assisted in communicating immediately with the nearest
appropriate representative of the State of which he is a national,
or, if he is a stateless person, with the representative of the
State where he usually resides.
4. When a State, pursuant to this article, has taken a person
into custody, it shall immediately notify the States referred
to in article 5, paragraph 1, of the fact that such person is
in custody and of the circumstances which warrant his detention.
The State which makes the preliminary inquiry contemplated in
paragraph 2 of this article shall promptly report its findings
to the said States and shall indicate whether it intends to exercise
jurisdiction.
Article 7
1. The State Party in the territory under whose jurisdiction a
person alleged to have committed any offence referred to in article
4 is found shall in the cases contemplated in article 5, if it
does not extradite him, submit the case to its competent authorities
for the purpose of prosecution.
2. These authorities shall take their decision in the same manner
as in the case of any ordinary offence of a serious nature under
the law of that State. In the cases referred to in article 5,
paragraph 2, the standards of evidence required for prosecution
and conviction shall in no way be less stringent than those which
apply in the cases referred to in article 5, paragraph 1.
3. Any person regarding whom proceedings are brought in connection
with any of the offences referred to in article 4 shall be guaranteed
fair treatment at all stages of the proceedings.
Article 8
1. The offences referred to in article 4 shall be deemed to be
included as extraditable offences in any extradition treaty existing
between States Parties. States Parties undertake to include such
offences as extraditable offences in every extradition treaty
to be concluded between them.
2. If a State Party which makes extradition conditional on the
existence of a treaty receives a request for extradition from
another State Party with which it has no extradition treaty, it
may consider this Convention as the legal basis for extradition
in respect of such offences. Extradition shall be subject to the
other conditions provided by the law of the requested State.
3. States Parties which do not make extradition conditional on
the existence of a treaty shall recognize such offences as extraditable
offences between themselves subject to the conditions provided
by the law of the requested State.
4. Such offences shall be treated, for the purpose of extradition
between States Parties, as if they had been committed not only
in the place in which they occurred but also in the territories
of the States required to establish their jurisdiction in accordance
with article 5, paragraph 1.
Article 9
1. States Parties shall afford one another the greatest measure
of assistance in connection with criminal proceedings brought
in respect of any of the offences referred to in article 4, including
the supply of all evidence at their disposal necessary for the
proceedings.
2. States Parties shall carry out their obligations under paragraph
I of this article in conformity with any treaties on mutual judicial
assistance that may exist between them.
Article 10
1. Each State Party shall ensure that education and information
regarding the prohibition against torture are fully included in
the training of law enforcement personnel, civil or military,
medical personnel, public officials and other persons who may
be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment.
2. Each State Party shall include this prohibition in the rules
or instructions issued in regard to the duties and functions of
any such person.
Article 11
Each State Party shall keep under systematic review interrogation
rules, instructions, methods and practices as well as arrangements
for the custody and treatment of persons subjected to any form
of arrest, detention or imprisonment in any territory under its
jurisdiction, with a view to preventing any cases of torture.
Article 12
Each State Party shall ensure that its competent authorities proceed
to a prompt and impartial investigation, wherever there is reasonable
ground to believe that an act of torture has been committed in
any territory under its jurisdiction.
Article 13
Each State Party shall ensure that any individual who alleges
he has been subjected to torture in any territory under its jurisdiction
has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall
be taken to ensure that the complainant and witnesses are protected
against all ill-treatment or intimidation as a consequence of
his complaint or any evidence given.
Article 14
1. Each State Party shall ensure in its legal system that the
victim of an act of torture obtains redress and has an enforceable
right to fair and adequate compensation, including the means for
as full rehabilitation as possible. In the event of the death
of the victim as a result of an act of torture, his dependants
shall be entitled to compensation.
2. Nothing in this article shall affect any right of the victim
or other persons to compensation which may exist under national
law.
Article 15
Each State Party shall ensure that any statement which is established
to have been made as a result of torture shall not be invoked
as evidence in any proceedings, except against a person accused
of torture as evidence that the statement was made.
Article 16
1. Each State Party shall undertake to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or degrading
treatment or punishment which do not amount to torture as defined
in article I, when such acts are committed by or at the instigation
of or with the consent or acquiescence of a public official or
other person acting in an official capacity. In particular, the
obligations contained in articles 10, 11, 12 and 13 shall apply
with the substitution for references to torture of references
to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to
the provisions of any other international instrument or national
law which prohibits cruel, inhuman or degrading treatment or punishment
or which relates to extradition or expulsion.
PART II
Article 17
1. There shall be established a Committee against Torture (hereinafter
referred to as the Committee) which shall carry out the functions
hereinafter provided. The Committee shall consist of ten experts
of high moral standing and recognized competence in the field
of human rights, who shall serve in their personal capacity. The
experts shall be elected by the States Parties, consideration
being given to equitable geographical distribution and to the
usefulness of the participation of some persons having legal experience.
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. States
Parties shall bear in mind the usefulness of nominating persons
who are also members of the Human Rights Committee established
under the International Covenant on Civil and Political Rights
and who are willing to serve on the Committee against Torture.
3. Elections of the members of the Committee shall be held at
biennial meetings of States Parties convened by the Secretary-General
of the United Nations. At those meetings, for which two thirds
of the States Parties shall constitute a quorum, the persons elected
to the Committee shall be those who obtain the largest number
of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
4. The initial election shall be held no later than six months
after the date of the entry into force of this Convention. At.
Ieast four 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 three 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.
5. The members of the Committee shall be elected for a term of
four years. They shall be eligible for re-election if renominated.
However, the term of five 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 five members shall be chosen
by lot by the chairman of the meeting referred to in paragraph
3 of this article.
6. If a member of the Committee dies or resigns or for any other
cause can no longer perform his Committee duties, the State Party
which nominated him shall appoint another expert from among its
nationals to serve for the remainder of his term, subject to the
approval of the majority of the States Parties. The approval shall
be considered given unless half or more of the States Parties
respond negatively within six weeks after having been informed
by the Secretary-General of the United Nations of the proposed
appointment.
7. States Parties shall be responsible for the expenses of the
members of the Committee while they are in performance of Committee
duties. (amendment (see General Assembly resolution 47/111 of
16 December 1992); status of ratification)
Article 18
1. The Committee shall elect its officers for a term of two years.
They may be re-elected.
2. The Committee shall establish its own rules of procedure, but
these rules shall provide, inter alia, that:
(a) Six members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote
of the members present.
3. 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 this Convention.
4. The Secretary-General of the United Nations shall convene the
initial meeting of the Committee. After its initial meeting, the
Committee shall meet at such times as shall be provided in its
rules of procedure.
5. The States Parties shall be responsible for expenses incurred
in connection with the holding of meetings of the States Parties
and of the Committee, including reimbursement to the United Nations
for any expenses, such as the cost of staff and facilities, incurred
by the United Nations pursuant to paragraph 3 of this article.
(amendment (see General Assembly resolution 47/111 of 16 December
1992); status of ratification)
Article 19
1. The States Parties shall submit to the Committee, through the
Secretary-General of the United Nations, reports on the measures
they have taken to give effect to their undertakings under this
Convention, within one year after the entry into force of the
Convention for the State Party concerned. Thereafter the States
Parties shall submit supplementary reports every four years on
any new measures taken and such other reports as the Committee
may request.
2. The Secretary-General of the United Nations shall transmit
the reports to all States Parties.
3. Each report shall be considered by the Committee which may
make such general comments on the report as it may consider appropriate
and shall forward these to the State Party concerned. That State
Party may respond with any observations it chooses to the Committee.
4. The Committee may, at its discretion, decide to include any
comments made by it in accordance with paragraph 3 of this article,
together with the observations thereon received from the State
Party concerned, in its annual report made in accordance with
article 24. If so requested by the State Party concerned, the
Committee may also include a copy of the report submitted under
paragraph I of this article.
Article 20
1. If the Committee receives reliable information which appears
to it to contain well-founded indications that torture is being
systematically practised in the territory of a State Party, the
Committee shall invite that State Party to co-operate in the examination
of the information and to this end to submit observations with
regard to the information concerned.
2. Taking into account any observations which may have been submitted
by the State Party concerned, as well as any other relevant information
available to it, the Committee may, if it decides that this is
warranted, designate one or more of its members to make a confidential
inquiry and to report to the Committee urgently.
3. If an inquiry is made in accordance with paragraph 2 of this
article, the Committee shall seek the co-operation of the State
Party concerned. In agreement with that State Party, such an inquiry
may include a visit to its territory.
4. After examining the findings of its member or members submitted
in accordance with paragraph 2 of this article, the Commission
shall transmit these findings to the State Party concerned together
with any comments or suggestions which seem appropriate in view
of the situation.
5. All the proceedings of the Committee referred to in paragraphs
I to 4 of th is article s hall be con fidential , and at all stages
of the proceedings the co-operation of the State Party shall be
sought. After such proceedings have been completed with regard
to an inquiry made in accordance with paragraph 2, the Committee
may, after consultations with the State Party concerned, decide
to include a summary account of the results of the proceedings
in its annual report made in accordance with article 24.
Article 21
1. A State Party to this Convention may at any time declare under
this article that it recognizes the competence of the Committee
to receive and consider communications to the effect that a State
Party claims that another State Party is not fulfilling its obligations
under this Convention. Such communications may be received and
considered according to the procedures laid down in this article
only if submitted by a State Party which has made a declaration
recognizing in regard to itself the competence of the Committee.
No communication shall be dealt with by the Committee under this
article if it concerns a State Party which has not made such a
declaration. Communications received under this article shall
be dealt with in accordance with the following procedure;
(a) If a State Party considers that another State Party is not
giving effect to the provisions ofthis Convention, it may, by
written communication, bring the matter to the attention of that
State Party. Within three months afler the receipt of the communication
the receiving State shall afford the State which sent the communication
an explanation or any other statement in writing clarifying the
matter, which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending or
available in the matter;
(b) If the matter is not adjusted to the satisfaction of both
States Parties concerned within six months after the receipt by
the receiving State of the initial communication, either State
shall have the right to refer the matter to the Committee, by
notice given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred to it under
this article only after it has ascertained that all domestic remedies
have been invoked and exhausted in the matter, in conformity with
the generally recognized principles of international law. This
shall not be the rule where the application of the remedies is
unreasonably prolonged or is unlikely to bring effective relief
to the person who is the victim of the violation of this Convention;
(d) The Committee shall hold closed meetings when examining communications
under this article;
(e) Subject to the provisions of subparagraph (c), the Committee
shall make available its good offices to the States Parties concerned
with a view to a friendly solution of the matter on the basis
of respect for the obligations provided for in this Convention.
For this purpose, the Committee may, when appropriate, set up
an ad hoc conciliation commission;
(f) In any matter referred to it under this article, the Committee
may call upon the States Parties concerned, referred to in subparagraph
(b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph
(b), shall have the right to be represented when the matter is
being considered by the Committee and to make submissions orally
and/or in writing;
(h) The Committee shall, within twelve months after the date of
receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached,
the Committee shall confine its report to a brief statement of
the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not
reached, the Committee shall confine its report to a brief statement
of the facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the
report.
In every matter, the report shall be communicated to the States
Parties concerned.
2. The provisions of this article shall come into force when five
States Parties to this Convention have made declarations under
paragraph 1 of this article. Such declarations shall be deposited
by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification
to the Secretary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication
by any State Party shall be received under this article after
the notification of withdrawal of the declaration has been received
by the Secretary-General, unless the State Party concerned has
made a new declaration.
Article 22
1. A State Party to this Convention may at any time declare under
this article that it recognizes the competence of the Committee
to receive and consider communications from or on behalf of individuals
subject to its jurisdiction who claim to be victims of a violation
by a State Party of the provisions of the Convention. No communication
shall be received by the Committee if it concerns a State Party
which has not made such a declaration.
2. The Committee shall consider inadmissible any communication
under this article which is anonymous or which it considers to
be an abuse of the right of submission of such communications
or to be incompatible with the provisions of this Convention.
3. Subject to the provisions of paragraph 2, the Committee shall
bring any communications submitted to it under this article to
the attention of the State Party to this Convention which has
made a declaration under paragraph I and is alleged to be violating
any provisions of the Convention. Within six months, the receiving
State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been
taken by that State.
4. The Committee shall consider communications received under
this article in the light of all information made available to
it by or on behalf of the individual and by the State Party concerned.
5. The Committee shall not consider any communications from an
individual under this article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined under
another procedure of international investigation or settlement;
(b) The individual has exhausted all available domestic remedies;
this shall not be the rule where the application of the remedies
is unreasonably prolonged or is unlikely to bring effective reliefto
the person who is the victim of the violation of this Convention.
6. The Committee shall hold closed meetings when examining communications
under this article.
7. The Committee shall forward its views to the State Party concerned
and to the individual.
8. The provisions of this article shall come into force when five
States Parties to this Convention have made declarations under
paragraph 1 of this article. Such declarations shall be deposited
by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification
to the Secretary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication
by or on behalf of an individual shall be received under this
article after the notification of withdrawal of the declaration
has been received by the SecretaryGeneral, unless the State Party
has made a new declaration.
Article 23
The members of the Committee and of the ad hoc conciliation commissions
which may be appointed under article 21, paragraph I (e), shall
be entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant
sections of the Convention on the Privileges and Immunities of
the United Nations.
Article 24
The Committee shall submit an annual report on its activities
under this Convention to the States Parties and to the General
Assembly of the United Nations.
PART III
Article 25
1. This Convention is open for signature by all States. 2. This
Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article 26
This Convention is open to accession by all States. Accession
shall be effected by the deposit of an instrument of accession
with the SecretaryGeneral of the United Nations.
Article 27
1. This Convention shall enter into force on the thirtieth day
after the date of the deposit with the Secretary-General of the
United Nations of the twentieth instrument of ratification or
accession.
2. For each State ratifying this Convention or acceding to it
after the deposit of the twentieth instrument of ratification
or accession, the Convention shall enter into force onthe thirtieth
day after the date of the deposit of its own instrument of ratification
or accession.
Article 28
1. Each State may, at the time of signature or ratification of
this Convention or accession thereto, declare that it does not
recognize the competence of the Committee provided for in article
20.
2. Any State Party having made a reservation in accordance with
paragraph I of this article may, at any time, withdraw this reservation
by notification to the Secretary-General of the United Nations.
Article 29
1 . Any State Party to this Convention may propose an amendment
and file it with the Secretary-General of the United Nations.
The SecretaryGeneral shall thereupon communicate the proposed
amendment to the States Parties with a request that they notify
him whether they favour a conference of States Parties for the
purpose of considering an d voting upon the proposal. In the event
that within four months from the date of such communication at
least one third of the States Parties favours such a conference,
the SecretaryGeneral shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of
the States Parties present and voting at the conference shall
be submitted by the Secretary-General to all the States Parties
for acceptance.
2. An amendment adopted in accordance with paragraph I of this
article shall enter into force when two thirds of the States Parties
to this Convention have notified the Secretary-General of the
United Nations that they have accepted it in accordance with their
respective constitutional processes.
3. When amendments enter into force, they shall be binding on
those States Parties which have accepted them, other States Parties
still being bound by the provisions of this Convention and any
earlier amendments which they have accepted.
Article 30
1. Any dispute between two or more States Parties concerning the
interpretation or application of this Convention which cannot
be settled through negotiation shall, at the request of one of
them, be submitted to arbitration. If within six months from thc
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 may, at the time of signature or ratification of
this Con vention or accession thereto, declare that it does not
consider itself bound by paragraph I of this article. The other
States Parties shall not be bound by paragraph I of this article
with respect to any State Party having made such a reservation.
3. Any State Party having made a reservation in accordance with
paragraph 2 of this article may at any time withdraw this reservation
by notification to the Secretary-General of the United Nations.
Article 31
1. A State Party may denounce this Convention by written notification
to the Secretary-General of the United Nations. Denunciation becomes
effective one year after the date of receipt of- the notification
by the Secretary-General .
2. Such a denunciation shall not have the effect of releasing
the State Party from its obligations under this Convention in
regard to any act or omission which occurs prior to the date at
which the denunciation becomes effective, nor shall denunciation
prejudice in any way the continued consideration of any matter
which is already under consideration by the Committee prior to
the date at which the denunciation becomes effective.
3. Following the date at which the denunciation of a State Party
becomes effective, the Committee shall not commence consideration
of any new matter regarding that State.
Article 32
The Secretary-General of the United Nations shall inform all States
Members of the United Nations and all States which have signed
this Convention or acceded to it of the following:
(a) Signatures, ratifications and accessions under articles 25
and 26;
(b) The date of entry into force of this Convention under article
27 and the date of the entry into force of any amendments under
article 29;
(c) Denunciations under article 31.
Article 33
1. This Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of this Convention to all States.
International Covenant on Economic,
Social and Cultural Rights
Adopted and opened for signature, ratification and accession by
General Assembly
resolution 2200A (XXI) of 16 December 1966
entry into force 3 January 1976, in accordance with article 27
status of ratifications
declarations and reservations
Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and
peace in the world,
Recognizing that these rights derive from the inherent dignity
of the human person,
Recognizing that, in accordance with the Universal Declaration
of Human Rights, the ideal of free human beings enjoying freedom
from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his economic, social and cultural rights,
as well as his civil and political rights,
Considering the obligation of States under the Charter of the
United Nations to promote universal respect for, and observance
of, human rights and freedoms,
Realizing that the individual, having duties to other individuals
and to the community to which he belongs, is under a responsibility
to strive for the promotion and observance of the rights recognized
in the present Covenant,
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination. By virtue
of that right they freely determine their political status and
freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations
arising out of international economic co-operation, based upon
the principle of mutual benefit, and international law. In no
case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-Governing
and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in conformity
with the provisions of the Charter of the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant undertakes to take
steps, individually and through international assistance and co-operation,
especially economic and technical, to the maximum of its available
resources, with a view to achieving progressively the full realization
of the rights recognized in the present Covenant by all appropriate
means, including particularly the adoption of legislative measures.
General comment on its implementation
2. The States Parties to the present Covenant undertake to guarantee
that the rights enunciated in the present Covenant will be exercised
without discrimination of any kind as to race, colour, sex, language,
religion, political or other opinion, national or social origin,
property, birth or other status.
3. Developing countries, with due regard to human rights and their
national economy, may determine to what extent they would guarantee
the economic rights recognized in the present Covenant to non-nationals.
Article 3
The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all economic,
social and cultural rights set forth in the present Covenant.
Article 4
The States Parties to the present Covenant recognize that, in
the enjoyment of those rights provided by the State in conformity
with the present Covenant, the State may subject such rights only
to such limitations as are determined by law only in so far as
this may be compatible with the nature of these rights and solely
for the purpose of promoting the general welfare in a democratic
society.
Article 5
1. Nothing in the present Covenant may be interpreted as implying
for any State, group or person any right to engage in any activity
or to perform any act aimed at the destruction of any of the rights
or freedoms recognized herein, or at their limitation to a greater
extent than is provided for in the present Covenant.
2. No restriction upon or derogation from any of the fundamental
human rights recognized or existing in any country in virtue of
law, conventions, regulations or custom shall be admitted on the
pretext that the present Covenant does not recognize such rights
or that it recognizes them to a lesser extent.
PART III
Article 6
1. The States Parties to the present Covenant recognize the right
to work, which includes the right of everyone to the opportunity
to gain his living by work which he freely chooses or accepts,
and will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present Covenant
to achieve the full realization of this right shall include technical
and vocational guidance and training programmes, policies and
techniques to achieve steady economic, social and cultural development
and full and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize the right
of everyone to the enjoyment of just and favourable conditions
of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value
without distinction of any kind, in particular women being guaranteed
conditions of work not inferior to those enjoyed by men, with
equal pay for equal work;
(ii) A decent living for themselves and their families in accordance
with the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted in his employment
to an appropriate higher level, subject to no considerations other
than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working hours
and periodic holidays with pay, as well as remuneration for public
holidays
Article 8
1. The States Parties to the present Covenant undertake to ensure:
(a) The right of everyone to form trade unions and join the trade
union of his choice, subject only to the rules of the organization
concerned, for the promotion and protection of his economic and
social interests. No restrictions may be placed on the exercise
of this right other than those prescribed by law and which are
necessary in a democratic society in the interests of national
security or public order or for the protection of the rights and
freedoms of others;
(b) The right of trade unions to establish national federations
or confederations and the right of the latter to form or join
international trade-union organizations;
(c) The right of trade unions to function freely subject to no
limitations other than those prescribed by law and which are necessary
in a democratic society in the interests of national security
or public order or for the protection of the rights and freedoms
of others;
(d) The right to strike, provided that it is exercised in conformity
with the laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions
on the exercise of these rights by members of the armed forces
or of the police or of the administration of the State.
3. Nothing in this article shall authorize States Parties to the
International Labour Organisation Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or apply the
law in such a manner as would prejudice, the guarantees provided
for in that Convention.
Article 9
The States Parties to the present Covenant recognize the right
of everyone to social security, including social insurance.
Article 10
The States Parties to the present Covenant recognize that:
1. The widest possible protection and assistance should be accorded
to the family, which is the natural and fundamental group unit
of society, particularly for its establishment and while it is
responsible for the care and education of dependent children.
Marriage must be entered into with the free consent of the intending
spouses.
2. Special protection should be accorded to mothers during a reasonable
period before and after childbirth. During such period working
mothers should be accorded paid leave or leave with adequate social
security benefits.
3. Special measures of protection and assistance should be taken
on behalf of all children and young persons without any discrimination
for reasons of parentage or other conditions. Children and young
persons should be protected from economic and social exploitation.
Their employment in work harmful to their morals or health or
dangerous to life or likely to hamper their normal development
should be punishable by law. States should also set age limits
below which the paid employment of child labour should be prohibited
and punishable by law.
Article 11 General comment on its implementation
1. The States Parties to the present Covenant recognize the right
of everyone to an adequate standard of living for himself and
his family, including adequate food, clothing and housing, and
to the continuous improvement of living conditions. The States
Parties will take appropriate steps to ensure the realization
of this right, recognizing to this effect the essential importance
of international co-operation based on free consent. General comment
on its implementation
2. The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall take,
individually and through international co-operation, the measures,
including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution
of food by making full use of technical and scientific knowledge,
by disseminating knowledge of the principles of nutrition and
by developing or reforming agrarian systems in such a way as to
achieve the most efficient development and utilization of natural
resources;
(b) Taking into account the problems of both food-importing and
food-exporting countries, to ensure an equitable distribution
of world food supplies in relation to need.
Article 12 General comment on its implementation
1. The States Parties to the present Covenant recognize the right
of everyone to the enjoyment of the highest attainable standard
of physical and mental health.
2. The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include
those necessary for:
(a) The provision for the reduction of the stillbirth-rate and
of infant mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial
hygiene;
(c) The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;
(d) The creation of conditions which would assure to all medical
service and medical attention in the event of sickness.
Article 13 General comment on its implementation
1. The States Parties to the present Covenant recognize the right
of everyone to education. They agree that education shall be directed
to the full development of the human personality and the sense
of its dignity, and shall strengthen the respect for human rights
and fundamental freedoms. They further agree that education shall
enable all persons to participate effectively in a free society,
promote understanding, tolerance and friendship among all nations
and all racial, ethnic or religious groups, and further the activities
of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that,
with a view to achieving the full realization of this right:
(a) Primary education shall be compulsory and available free to
all;
(b) Secondary education in its different forms, including technical
and vocational secondary education, shall be made generally available
and accessible to all by every appropriate means, and in particular
by the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all,
on the basis of capacity, by every appropriate means, and in particular
by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as
far as possible for those persons who have not received or completed
the whole period of their primary education;
(e) The development of a system of schools at all levels shall
be actively pursued, an adequate fellowship system shall be established,
and the material conditions of teaching staff shall be continuously
improved.
3. The States Parties to the present Covenant undertake to have
respect for the liberty of parents and, when applicable, legal
guardians to choose for their children schools, other than those
established by the public authorities, which conform to such minimum
educational standards as may be laid down or approved by the State
and to ensure the religious and moral education of their children
in conformity with their own convictions.
4. No part of this article shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of
the principles set forth in paragraph I of this article and to
the requirement that the education given in such institutions
shall conform to such minimum standards as may be laid down by
the State.
Article 14 General comment on its implementation
Each State Party to the present Covenant which, at the time of
becoming a Party, has not been able to secure in its metropolitan
territory or other territories under its jurisdiction compulsory
primary education, free of charge, undertakes, within two years,
to work out and adopt a detailed plan of action for the progressive
implementation, within a reasonable number of years, to be fixed
in the plan, of the principle of compulsory education free of
charge for all.
Article 15
1. The States Parties to the present Covenant recognize the right
of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests
resulting from any scientific, literary or artistic production
of which he is the author.
2. The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include
those necessary for the conservation, the development and the
diffusion of science and culture.
3. The States Parties to the present Covenant undertake to respect
the freedom indispensable for scientific research and creative
activity.
4. The States Parties to the present Covenant recognize the benefits
to be derived from the encouragement and development of international
contacts and co-operation in the scientific and cultural fields.
PART IV
Article 16
1. The States Parties to the present Covenant undertake to submit
in conformity with this part of the Covenant reports on the measures
which they have adopted and the progress made in achieving the
observance of the rights recognized herein.
2. (a) All reports shall be submitted to the Secretary-General
of the United Nations, who shall transmit copies to the Economic
and Social Council for consideration in accordance with the provisions
of the present Covenant;
(b) The Secretary-General of the United Nations shall also transmit
to the specialized agencies copies of the reports, or any relevant
parts therefrom, from States Parties to the present Covenant which
are also members of these specialized agencies in so far as these
reports, or parts therefrom, relate to any matters which fall
within the responsibilities of the said agencies in accordance
with their constitutional instruments.
Article 17 General comment on its implementation
1. The States Parties to the present Covenant shall furnish their
reports in stages, in accordance with a programme to be established
by the Economic and Social Council within one year of the entry
into force of the present Covenant after consultation with the
States Parties and the specialized agencies concerned.
2. Reports may indicate factors and difficulties affecting the
degree of fulfilment of obligations under the present Covenant.
3. Where relevant information has previously been furnished to
the United Nations or to any specialized agency by any State Party
to the present Covenant, it will not be necessary to reproduce
that information, but a precise reference to the information so
furnished will suffice.
Article 18
Pursuant to its responsibilities under the Charter of the United
Nations in the field of human rights and fundamental freedoms,
the Economic and Social Council may make arrangements with the
specialized agencies in respect of their reporting to it on the
progress made in achieving the observance of the provisions of
the present Covenant falling within the scope of their activities.
These reports may include particulars of decisions and recommendations
on such implementation adopted by their competent organs.
Article 19
The Economic and Social Council may transmit to the Commission
on Human Rights for study and general recommendation or, as appropriate,
for information the reports concerning human rights submitted
by States in accordance with articles 16 and 17, and those concerning
human rights submitted by the specialized agencies in accordance
with article 18.
Article 20
The States Parties to the present Covenant and the specialized
agencies concerned may submit comments to the Economic and Social
Council on any general recommendation under article 19 or reference
to such general recommendation in any report of the Commission
on Human Rights or any documentation referred to therein.
Article 21
The Economic and Social Council may submit from time to time to
the General Assembly reports with recommendations of a general
nature and a summary of the information received from the States
Parties to the present Covenant and the specialized agencies on
the measures taken and the progress made in achieving general
observance of the rights recognized in the present Covenant.
Article 22 General comment on its implementation
The Economic and Social Council may bring to the attention of
other organs of the United Nations, their subsidiary organs and
specialized agencies concerned with furnishing technical assistance
any matters arising out of the reports referred to in this part
of the present Covenant which may assist such bodies in deciding,
each within its field of competence, on the advisability of international
measures likely to contribute to the effective progressive implementation
of the present Covenant.
Article 23
The States Parties to the present Covenant agree that international
action for the achievement of the rights recognized in the present
Covenant includes such methods as the conclusion of conventions,
the adoption of recommendations, the furnishing of technical assistance
and the holding of regional meetings and technical meetings for
the purpose of consultation and study organized in conjunction
with the Governments concerned.
Article 24
Nothing in the present Covenant shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the
constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and
of the specialized agencies in regard to the matters dealt with
in the present Covenant.
Article 25
Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and
freely their natural wealth and resources.
PART V
Article 26
1. The present Covenant is open for signature by any State Member
of the United Nations or member of any of its specialized agencies,
by any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the
General Assembly of the United Nations to become a party to the
present Covenant.
2. The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.
3. The present Covenant shall be open to accession by any State
referred to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall inform all
States which have signed the present Covenant or acceded to it
of the deposit of each instrument of ratification or accession.
Article 27
1. The present Covenant shall enter into force three months after
the date of the deposit with the Secretary-General of the United
Nations of the thirty-fifth instrument of ratification or instrument
of accession.
2. For each State ratifying the present Covenant or acceding to
it after the deposit of the thirty-fifth instrument of ratification
or instrument of accession, the present Covenant shall enter into
force three months after the date of the deposit of its own instrument
of ratification or instrument of accession.
Article 28
The provisions of the present Covenant shall extend to all parts
of federal States without any limitations or exceptions.
Article 29
1. Any State Party to the present Covenant may propose an amendment
and file it with the Secretary-General of the United Nations.
The Secretary-General shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with
a request that they notify him whether they favour a conference
of States Parties for the purpose of considering and voting upon
the proposals. In the event that at least one third of the States
Parties favours such a conference, the Secretary-General shall
convene the conference under the auspices of the United Nations.
Any amendment adopted by a majority of the States Parties present
and voting at the conference shall be submitted to the General
Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved
by the General Assembly of the United Nations and accepted by
a two-thirds majority of the States Parties to the present Covenant
in accordance with their respective constitutional processes.
3. When amendments come into force they shall be binding on those
States Parties which have accepted them, other States Parties
still being bound by the provisions of the present Covenant and
any earlier amendment which they have accepted.
Article 30
Irrespective of the notifications made under article 26, paragraph
5, the Secretary-General of the United Nations shall inform all
States referred to in paragraph I of the same article of the following
particulars:
(a) Signatures, ratifications and accessions under article 26;
(b) The date of the entry into force of the present Covenant under
article 27 and the date of the entry into force of any amendments
under article 29.
Article 31
1. The present Covenant, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited
in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred
to in article 26.
CONVENTION ON THE ELIMINATION
OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
"...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 ......................
1
PREAMBLE ........................................................
4
PART I
Discrimination (Article 1) ......................................
6
Policy Measures (Article 2) ....................................
6
Guarantee of Basic Human Rights and Fundamental Freedoms
(Article 3) ...................................................
6
Special Measures (Article 4) ....................................
7
Sex Role Stereotyping and Prejudice (Article 5) .................
7
Prostitution (Article 6) ........................................
7
PART II
Political and Public Life (Article 7) ...........................
7
Representation (Article 8) ......................................
8
Nationality (Article 9) .........................................
8
PART III
Education (Article 10) ..........................................
8
Employment (Article 11 ) ........................................
9
Health (Article 12) ............................................
10
Economic and Social Benefits (Article 13) ......................
10
Rural Women (Article 14) .......................................
10
PART IV
Law (Article 15) ...............................................
11
Marriage and Family Life (Article 16) ..........................
12
PART V
Committee on the Elimination of Discrimination against Women
(Article 17) .................................................
12
National Reports (Article 18) ..................................
14
Rules of Procedure (Article 19) ................................
14
Committee Meetings (Article 20) ................................
14
Committee Reports (Article 21) .................................
14
Role of Specialized Agencies (Article 22) ......................
14
PART Vl
Effect on Other Treaties (Article 23) ..........................
15
Commitment of States Parties (Article 24) ......................
15
Administration of the Convention (Articles 25-30) ..............
15
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, 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 in the pages that follow.
**************************************************************************
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN
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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 commonresponsibility
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
theapplication 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.