消除对妇女一切形式歧视公约(英文版)

2022-06-30 来源: 作者: 浏览:125

  ConventionontheEliminationofAllFormsofDiscriminationagainstWomen

  Adoptedandopenedforsignature,ratificationandaccessionbyGeneralAssemblyresolution34/180of 18December1979

  entryintoforce3September1981,inaccordancewitharticle27(1)

  TheStatesPartiestothepresentConvention,

  Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in thedignityandworthofthehumanpersonandintheequal rightsofmenandwomen,

  Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility ofdiscrimination and proclaims that all human beings are born free and equal in dignity and rights andthat everyone is entitled to all the rights and freedoms set forth therein, without distinction of anykind,including distinctionbased on sex,

  Noting that the States Parties to the International Covenants on Human Rights have the obligation toensure the equal rights of men and women to enjoy all economic, social, cultural, civil and politicalrights,

  Considering the international conventions concluded under the auspices of the United Nations and thespecializedagenciespromoting equalityofrights ofmen andwomen,

  Noting also the resolutions, declarations and recommendations adopted by the United Nations and thespecializedagenciespromoting equalityofrights ofmen andwomen,

  Concerned, however, that despite these various instruments extensive discrimination against womencontinuestoexist,

  Recallingthatdiscriminationagainstwomenviolatestheprinciplesofequalityofrightsandrespectforhuman 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 societyand the family and makes more difficult the full development of the potentialities of women in theserviceof their countries andof humanity,

  Concerned that in situations of poverty women have the least access to food, health, education,trainingandopportunities foremployment andother needs,

  Convinced that the establishment of the new international economic order based on equity and justicewillcontributesignificantlytowardsthepromotionofequalitybetweenmenandwomen,

  Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism,neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairsofStates isessential to thefull enjoyment ofthe rights ofmen andwomen,

  Affirming that the strengthening of international peace and security, the relaxation of internationaltension, mutual co-operation among all States irrespective of their social and economic systems,general and complete disarmament, in particular nuclear disarmament under strict and effectiveinternational control, the affirmation of the principles of justice, equality and mutual benefit in relationsamong countries and the realization of the right of peoples under alien and colonial domination andforeign occupation to self-determination and independence, as well as respect for national sovereigntyand territorial integrity, will promote social progress and development and as a consequence willcontributeto theattainment offullequalitybetween men andwomen,

  Convinced that the full and complete development of a country, the welfare of the world and the causeofpeacerequirethemaximumparticipationofwomenonequaltermswithmeninallfields, Bearing in mind the great contribution of women to the welfare of the family and to the developmentof society, so far not fully recognized, the social significance of maternity and the role of both parentsin the family and in the upbringing of children, and aware that the role of women in procreation shouldnot be a basis for discrimination but that the upbringing of children requires a sharing of responsibilitybetweenmenand women andsociety as a whole,

  Aware that a change in the traditional role of men as well as the role of women in society and in thefamilyisneeded toachieve full equalitybetween menand women,

  Determined to implement the principles set forth in the Declaration on the Elimination ofDiscrimination against Women and, for that purpose, to adopt the measures required for theeliminationofsuchdiscriminationin allitsformsandmanifestations,

  Haveagreedonthefollowing:

  PARTI

  Article1

  For the purposes of the present Convention, the term "discrimination against women" shall mean anydistinction, exclusion or restriction made on the basis of sex which has the effect or purpose ofimpairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their maritalstatus, on a basis of equality of men and women, of human rights and fundamental freedoms in thepolitical, economic,social,cultural, civiloranyotherfield.

  Article2

  States Parties condemn discrimination against women in all its forms, agree to pursue by allappropriate means and without delay a policy of eliminating discrimination against women and, to thisend,undertake:

  To embody the principle of the equality of men and women in their national constitutions or otherappropriate legislation if not yet incorporated therein and to ensure, through law and other appropriatemeans,the practicalrealizationof thisprinciple; 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 womenon an equal basis with men and to ensure through competent national tribunals and other publicinstitutionstheeffectiveprotectionofwomenagainstany actofdiscrimination; To refrain from engaging in any act or practice of discrimination against women and to ensure thatpublicauthoritiesandinstitutionsshallactinconformitywiththisobligation; To take all appropriate measures to eliminate discrimination against women by any person,organizationor enterprise; Totakeallappropriatemeasures,includinglegislation,tomodifyorabolishexistinglaws,regulations,customsandpracticeswhichconstitutediscriminationagainstwomen; Torepealallnationalpenalprovisionswhichconstitutediscriminationagainstwomen. Article3

  StatesPartiesshalltakeinallfields,inparticularinthepolitical,social,economicandculturalfields,allappropriate measures, including legislation, to en sure the full development and advancement ofwomen , for the purpose of guaranteeing them the exercise and enjoyment of human rights andfundamentalfreedoms on abasis of equalitywithmen.

  Article4 Adoption by States Parties of temporary special measures aimed at accelerating de facto equalitybetween 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; thesemeasures shall be discontinued when the objectives of equality of opportunity and treatment havebeenachieved. Adoption by States Parties of special measures, including those measures contained in the presentConvention,aimedatprotectingmaternity shallnotbeconsidereddiscriminatory. Article5

  StatesPartiesshalltakeallappropriatemeasures:

  To modify the social and cultural patterns of conduct of men and women, with a view to achievingthe elimination of prejudices and customary and all other practices which are based on the idea of theinferiorityorthesuperiorityofeitherofthesexesoronstereotypedrolesformenandwomen; To ensure that family education includes a proper understanding of maternity as a social functionand the recognition of the common responsibility of men and women in the upbringing anddevelopment of their children, it being understood that the interest of the children is the primordialconsiderationin allcases. Article6

  States Parties shall take all appropriate measures, including legislation, to suppress all forms of trafficinwomen and exploitationof prostitution ofwomen.

  PARTII

  Article7

  States Parties shall take all appropriate measures to eliminate discrimination against women in thepolitical and public life of the country and, in particular, shall ensure to women, on equal terms withmen,the right:

  Tovoteinallelectionsandpublicreferendaandtobeeligibleforelectiontoallpubliclyelectedbodies; To participate in the formulation of government policy and the implementation thereof and to holdpublicofficeandperform all publicfunctionsatalllevelsofgovernment; To participate in non-governmental organizations and associations concerned with the public andpoliticallife of the country. Article8

  States Parties shall take all appropriate measures to ensure to women, on equal terms with men andwithout any discrimination, the opportunity to represent their Governments at the international levelandto participatein thework ofinternationalorganizations.

  Article9

  1. States Parties shall grant women equal rights with men to acquire, change or retain theirnationality. They shall ensure in particular that neither marriage to an alien nor change of nationalityby the husband during marriage shall automatically change the nationality of the wife, render herstateless or force upon her the nationality of the husband. 2. States Parties shall grant women equalrightswithmen withrespect tothe nationalityof theirchildren. PARTIII

  Article10

  StatesPartiesshalltakeallappropriatemeasurestoeliminatediscriminationagainstwomeninorderto ensure to them equal rights with men in the field of education and in particular to ensure, on a basisofequalityofmen and women:

  The same conditions for career and vocational guidance, for access to studies and for theachievement of diplomas in educational establishments of all categories in rural as well as in urbanareas; this equality shall be ensured in pre-school, general, technical, professional and higher technicaleducation,as well asin alltypes of vocationaltraining; Access to the same curricula, the same examinations, teaching staff with qualifications of the samestandardand schoolpremisesandequipment ofthe samequality; The elimination of any stereotyped concept of the roles of men and women at all levels and in allforms of education by encouraging coeducation and other types of education which will help to achievethis aim and, in particular, by the revision of textbooks and school programmes and the adaptation ofteachingmethods;

  (d)Thesameopportunitiestobenefitfromscholarshipsandotherstudygrants;

  The same opportunities for access to programmes of continuing education, including adult andfunctional literacy programmes, particulary those aimed at reducing, at the earliest possible time, anygapin educationexistingbetween men and women; The reduction of female student drop-out rates and the organization of programmes for girls andwomenwhohave left school prematurely; ThesameOpportunitiestoparticipateactivelyinsportsandphysicaleducation; Access to specific educational information to help to ensure the health and well-being of families,includinginformation andadviceon family planning. Article11 States Parties shall take all appropriate measures to eliminate discrimination against women in thefield of employment in order to ensure, on a basis of equality of men and women, the same rights, inparticular: Therighttoworkasaninalienablerightofallhumanbeings; The right to the same employment opportunities, including the application of the same criteria forselectioninmatters of employment; The right to free choice of profession and employment, the right to promotion, job security and allbenefits and conditions of service and the right to receive vocational training and retraining, includingapprenticeships,advancedvocationaltrainingand recurrenttraining; The right to equal remuneration, including benefits, and to equal treatment in respect of work ofequalvalue,aswell asequalityoftreatmentintheevaluationofthequalityofwork; The right to social security, particularly in cases of retirement, unemployment, sickness, invalidityandold ageand otherincapacity towork, aswellasthe righttopaidleave; The right to protection of health and to safety in working conditions, including the safeguarding ofthefunctionof reproduction. In order to prevent discrimination against women on the grounds of marriage or maternity and toensuretheireffectiverighttowork,StatesPartiesshalltakeappropriatemeasures: To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or ofmaternityleaveanddiscriminationindismissalsonthebasisofmaritalstatus; To introduce maternity leave with pay or with comparable social benefits without loss of formeremployment,seniority orsocialallowances; To encourage the provision of the necessary supporting social services to enable parents tocombinefamilyobligationswithworkresponsibilitiesandparticipationinpubliclife,inparticularthroughpromotingtheestablishmentanddevelopmentofanetworkofchild-carefacilities; To provide special protection to women during pregnancy in types of work proved to be harmful tothem. Protective legislation relating to matters covered in this article shall be reviewed periodically in thelightofscientificandtechnologicalknowledgeandshallberevised,repealedorextendedasnecessary. Article12 States Parties shall take all appropriate measures to eliminate discrimination against women in thefield of health care in order to ensure, on a basis of equality of men and women, access to health careservices, includingthose relatedto family planning. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to womenappropriate services in connection with pregnancy, confinement and the post-natal period, grantingfreeserviceswherenecessary,aswellasadequatenutritionduringpregnancyandlactation. Article13

  States Parties shall take all appropriate measures to eliminate discrimination against women in otherareas of economic and social life in order to ensure, on a basis of equality of men and women, thesamerights,in particular:

  Theright tofamilybenefits; Therighttobankloans,mortgagesandotherformsoffinancialcredit; Therighttoparticipateinrecreationalactivities,sportsandallaspectsofculturallife. Article14 States Parties shall take into account the particular problems faced by rural women and thesignificant roles which rural women play in the economic survival of their families, including their workin the non-monetized sectors of the economy, and shall take all appropriate measures to ensure theapplicationoftheprovisionsofthepresentConventiontowomeninruralareas. States Parties shall take all appropriate measures to eliminate discrimination against women in ruralareas in order to ensure, on a basis of equality of men and women, that they participate in and benefitfromruraldevelopmentand, inparticular,shallensuretosuch womentheright: Toparticipateintheelaborationandimplementationofdevelopmentplanningatalllevels; To have access to adequate health care facilities, including information, counselling and services infamilyplanning; Tobenefitdirectlyfromsocialsecurityprogrammes; To obtain all types of training and education, formal and non-formal, including that relating tofunctional literacy, as well as, inter alia, the benefit of all community and extension services, in ordertoincrease their technicalproficiency; To organize self-help groups and co-operatives in order to obtain equal access to economicopportunitiesthroughemployment orself employment; Toparticipateinallcommunityactivities; To have access to agricultural credit and loans, marketing facilities, appropriate technology andequaltreatmentinlandandagrarianreformaswellasinlandresettlementschemes; To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity andwatersupply, transport andcommunications. PARTIV

  Article15

  StatesPartiesshallaccordtowomenequalitywithmenbeforethelaw. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men andthe same opportunities to exercise that capacity. In particular, they shall give women equal rights toconclude contracts and to administer property and shall treat them equally in all stages of procedure incourtsand tribunals. States Parties agree that all contracts and all other private instruments of any kind with a legaleffectwhichisdirectedatrestrictingthelegalcapacityofwomenshallbedeemednullandvoid. States Parties shall accord to men and women the same rights with regard to the law relating to themovementofpersonsand thefreedom tochoosetheirresidenceand domicile. Article16 States Parties shall take all appropriate measures to eliminate discrimination against women in allmatters relating to marriage and family relations and in particular shall ensure, on a basis of equalityofmen and women: Thesamerighttoenterintomarriage; The same right freely to choose a spouse and to enter into marriage only with their free and fullconsent; Thesamerightsandresponsibilitiesduringmarriageandatitsdissolution; The same rights and responsibilities as parents, irrespective of their marital status, in mattersrelatingtotheirchildren;inall casestheinterestsofthechildrenshallbeparamount; The same rights to decide freely and responsibly on the number and spacing of their children andtohaveaccesstotheinformation,educationandmeanstoenablethemtoexercisetheserights; The same rights and responsibilities with regard to guardianship, wardship, trusteeship andadoption of children, or similar institutions where these concepts exist in national legislation; in allcasesthe interestsof thechildren shallbe paramount; The same personal rights as husband and wife, including the right to choose a family name, aprofessionand an occupation; 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 valuableconsideration. 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 theregistrationofmarriages inan officialregistry compulsory. PARTV

  Article17

  For the purpose of considering the progress made in the implementation of the present Convention,thereshallbeestablishedaCommitteeontheEliminationofDiscrimination againstWomen(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, oftwenty-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 theirpersonal capacity, consideration being given to equitable geographical distribution and to therepresentationofthedifferentformsofcivilizationaswell astheprincipallegal systems. The members of the Committee shall be elected by secret ballot from a list of persons nominated byStatesParties.EachStatePartymaynominateoneperson fromamongitsownnationals. The initial election shall be held six months after the date of the entry into force of the presentConvention. At least three months before the date of each election the Secretary-General of the UnitedNations shall address a letter to the States Parties inviting them to submit their nominations within twomonths. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated,indicatingtheStatesPartieswhichhavenominatedthem,andshallsubmitittotheStatesParties. Elections of the members of the Committee shall be held at a meeting of States Parties convened bythe Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of theStates Partiesshallconstitutea quorum,the personselected tothe Committeeshallbethosenominees who obtain the largest number of votes and an absolute majority of the votes of therepresentativesof States Partiespresent and voting. ThemembersoftheCommitteeshallbeelectedforatermoffouryears.However,thetermsofnine of the members elected at the first election shall expire at the end of two years; immediately afterthe first election the names of these nine members shall be chosen by lot by the Chairman of theCommittee. The election of the five additional members of the Committee shall be held in accordance with theprovisionsofparagraphs2,3and4ofthisarticle,followingthethirty-fifthratificationoraccession.The terms of two of the additional members elected on this occasion shall expire at the end of twoyears,thenamesofthesetwomembershavingbeenchosenbylotbytheChairmanoftheCommittee. For the filling of casual vacancies, the State Party whose expert has ceased to function as a memberof the Committee shall appoint another expert from among its nationals, subject to the approval of theCommittee. The members of the Committee shall, with the approval of the General Assembly, receiveemoluments from United Nations resources on such terms and conditions as the Assembly may decide,havingregardtothe importanceofthe Committee'sresponsibilities. The Secretary-General of the United Nations shall provide the necessary staff and facilities for theeffectiveperformanceofthefunctionsoftheCommitteeunderthepresentConvention. Article18 States Parties undertake to submit to the Secretary-General of the United Nations, for considerationby the Committee, a report on the legislative, judicial, administrative or other measures which theyhave adopted to give effect to the provisions of the present Convention and on the progress made inthisrespect: WithinoneyearaftertheentryintoforcefortheStateconcerned; ThereafteratleasteveryfouryearsandfurtherwhenevertheCommitteesorequests. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations underthepresent Convention. Article19

  1. The Committee shall adopt its own rules of procedure. 2. The Committee shall elect its officers for atermof two years.

  Article20 The Committee shall normally meet for a period of not more than two weeks annually in order toconsiderthereportssubmittedinaccordancewitharticle18ofthepresentConvention. The meetings of the Committee shall normally be held at United Nations Headquarters or at anyotherconvenient placeasdeterminedby theCommittee. Article21 The Committee shall, through the Economic and Social Council, report annually to the GeneralAssembly of the United Nations on its activities and may make suggestions and generalrecommendations based on the examination of reports and information received from the StatesParties. Such suggestions and general recommendations shall be included in the report of theCommitteetogether with comments, ifany,from States Parties. The Secretary-General of the United Nations shall transmit the reports of the Committee to theCommissionon the Status of Women foritsinformation. Article22

  The specialized agencies shall be entitled to be represented at the consideration of the implementationof such provisions of the present Convention as fall within the scope of their activities. The Committeemay invite the specialized agencies to submit reports on the implementation of the Convention in areasfallingwithinthe scope oftheir activities.

  PARTVI

  Article23

  Nothing in the present Convention shall affect any provisions that are more conducive to theachievementofequalitybetween menandwomenwhich maybecontained:

  InthelegislationofaStateParty;or Inanyotherinternationalconvention,treatyoragreementinforceforthatState. Article24

  States Parties undertake to adopt all necessary measures at the national level aimed at achieving thefull realizationof therightsrecognized inthepresent Convention.

  Article25 ThepresentConventionshallbeopenforsignaturebyallStates. The Secretary-General of the United Nations is designated as the depositary of the presentConvention. The present Convention is subject to ratification. Instruments of ratification shall be deposited withtheSecretary-Generalof theUnited Nations. The present Convention shall be open to accession by all States. Accession shall be effected by thedepositofaninstrumentofaccessionwiththeSecretary-General oftheUnitedNations. Article26 A request for the revision of the present Convention may be made at any time by any State Party bymeansofanotificationinwritingaddressedtotheSecretary-General oftheUnitedNations. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken inrespectof such a request. Article27 The present Convention shall enter into force on the thirtieth day after the date of deposit with theSecretary-GeneraloftheUnitedNationsofthetwentiethinstrumentofratificationoraccession. For each State ratifying the present Convention or acceding to it after the deposit of the twentiethinstrument of ratification or accession, the Convention shall enter into force on the thirtieth day afterthedateofthedeposit ofitsowninstrument ofratificationoraccession. Article28 The Secretary-General of the United Nations shall receive and circulate to all States the text ofreservationsmade byStates atthe time ofratification oraccession. A reservation incompatible with the object and purpose of the present Convention shall not bepermitted. 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 takeeffecton the date onwhich itis received. Article29 Any dispute between two or more States Parties concerning the interpretation or application of thepresent Convention which is not settled by negotiation shall, at the request of one of them, besubmitted to arbitration. If within six months from the date of the request for arbitration the partiesare unable to agree on the organization of the arbitration, any one of those parties may refer thedisputetotheInternationalCourtofJusticebyrequestinconformitywiththeStatuteoftheCourt. Each State Party may at the time of signature or ratification of the present Convention or accessionthereto declare that it does not consider itself bound by paragraph I of this article. The other StatesParties shall not be bound by that paragraph with respect to any State Party which has made such areservation. Any State Party which has made a reservation in accordance with paragraph 2 of this article may atanytimewithdrawthatreservationbynotificationtotheSecretary-GeneraloftheUnitedNations. Article30

  The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of which areequally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESSWHEREOFtheundersigned,dulyauthorized,havesignedthepresentConvention.

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