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Convention on the
Elimination of All Forms of Discrimination Against Women |
Adopted and opened for
signature, ratification and accession by General Assembly resolution 34/180
of 18 December 1979
entry into force 3 September 1981, in accordance with article 27(1)
The States Parties to
the present Convention,
Noting that the Charter of
the United Nations reaffirms faith in fundamental human rights, in the
dignity and worth of the human person and in the equal rights of men and
women,
Noting that the Universal
Declaration of Human Rights affirms the principle of the inadmissibility of
discrimination and proclaims that all human beings are born free and equal
in dignity and rights and that everyone is entitled to all the rights and
freedoms set forth therein, without distinction of any kind, including
distinction based on sex,
Noting that the States
Parties to the International Covenants on Human Rights have the obligation
to ensure the equal rights of men and women to enjoy all economic, social,
cultural, civil and political rights,
Considering the
international conventions concluded under the auspices of the United Nations
and the specialized agencies promoting equality of rights of men and women,
Noting also the
resolutions, declarations and recommendations adopted by the United Nations
and the specialized agencies promoting equality of rights of men and women,
Concerned, however, that
despite these various instruments extensive discrimination against women
continues to exist,
Recalling that
discrimination against women violates the principles of equality of rights
and respect for human dignity, is an obstacle to the participation of women,
on equal terms with men, in the political, social, economic and cultural
life of their countries, hampers the growth of the prosperity of society and
the family and makes more difficult the full development of the
potentialities of women in the service of their countries and of humanity,
Concerned that in
situations of poverty women have the least access to food, health,
education, training and opportunities for employment and other needs,
Convinced that the
establishment of the new international economic order based on equity and
justice will contribute significantly towards the promotion of equality
between men and women,
Emphasizing that the
eradication of apartheid, all forms of racism, racial discrimination,
colonialism, neo-colonialism, aggression, foreign occupation and domination
and interference in the internal affairs of States is essential to the full
enjoyment of the rights of men and women,
Affirming that the
strengthening of international peace and security, the relaxation of
international tension, mutual co-operation among all States irrespective of
their social and economic systems, general and complete disarmament, in
particular nuclear disarmament under strict and effective international
control, the affirmation of the principles of justice, equality and mutual
benefit in relations among countries and the realization of the right of
peoples under alien and colonial domination and foreign occupation to
self-determination and independence, as well as respect for national
sovereignty and territorial integrity, will promote social progress and
development and as a consequence will contribute to the attainment of full
equality between men and women,
Convinced that the full and
complete development of a country, the welfare of the world and the cause of
peace require the maximum participation of women on equal terms with men in
all fields,
Bearing in mind the great
contribution of women to the welfare of the family and to the development of
society, so far not fully recognized, the social significance of maternity
and the role of both parents in the family and in the upbringing of
children, and aware that the role of women in procreation should not be a
basis for discrimination but that the upbringing of children requires a
sharing of responsibility between men and women and society as a whole,
Aware that a change in the
traditional role of men as well as the role of women in society and in the
family is needed to achieve full equality between men and women,
Determined to implement the
principles set forth in the Declaration on the Elimination of Discrimination
against Women and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and manifestations,
Have agreed on the
following:
PART I
Article I
For the purposes of the
present Convention, the term "discrimination against women" shall mean any
distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
Article 2
States Parties condemn
discrimination against women in all its forms, agree to pursue by all
appropriate means and without delay a policy of eliminating discrimination
against women and, to this end, undertake:
(a) To embody the
principle of the equality of men and women in their national constitutions
or other appropriate legislation if not yet incorporated therein and to
ensure, through law and other appropriate means, the practical realization
of this principle;
(b) To adopt appropriate
legislative and other measures, including sanctions where appropriate,
prohibiting all discrimination against women;
(c) To establish legal
protection of the rights of women on an equal basis with men and to ensure
through competent national tribunals and other public institutions the
effective protection of women against any act of discrimination;
(d) To refrain from
engaging in any act or practice of discrimination against women and to
ensure that public authorities and institutions shall act in conformity
with this obligation;
(e) To take all
appropriate measures to eliminate discrimination against women by any
person, organization or enterprise;
(f) To take all
appropriate measures, including legislation, to modify or abolish existing
laws, regulations, customs and practices which constitute discrimination
against women;
(g) To repeal all
national penal provisions which constitute discrimination against women.
Article 3
States Parties shall take
in all fields, in particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to en sure the full
development and advancement of women , for the purpose of guaranteeing them
the exercise and enjoyment of human rights and fundamental freedoms on a
basis of equality with men.
Article 4
1. Adoption by States
Parties of temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discrimination as
defined in the present Convention, but shall in no way entail as a
consequence the maintenance of unequal or separate standards; these measures
shall be discontinued when the objectives of equality of opportunity and
treatment have been achieved.
2. Adoption by States
Parties of special measures, including those measures contained in the
present Convention, aimed at protecting maternity shall not be considered
discriminatory.
Article 5
States Parties shall take
all appropriate measures:
(a) To modify the social
and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other
practices which are based on the idea of the inferiority or the
superiority of either of the sexes or on stereotyped roles for men and
women;
(b) To ensure that family
education includes a proper understanding of maternity as a social
function and the recognition of the common responsibility of men and women
in the upbringing and development of their children, it being understood
that the interest of the children is the primordial consideration in all
cases.
Article 6
States Parties shall take
all appropriate measures, including legislation, to suppress all forms of
traffic in women and exploitation of prostitution of women.
PART II
Article 7
States Parties shall take
all appropriate measures to eliminate discrimination against women in the
political and public life of the country and, in particular, shall ensure to
women, on equal terms with men, the right:
(a) To vote in all
elections and public referenda and to be eligible for election to all
publicly elected bodies;
(b) To participate in the
formulation of government policy and the implementation thereof and to
hold public office and perform all public functions at all levels of
government;
(c) To participate in
non-governmental organizations and associations concerned with the public
and political life of the country.
Article 8
States Parties shall take
all appropriate measures to ensure to women, on equal terms with men and
without any discrimination, the opportunity to represent their Governments
at the international level and to participate in the work of international
organizations.
Article 9
1. States Parties shall
grant women equal rights with men to acquire, change or retain their
nationality. They shall ensure in particular that neither marriage to an
alien nor change of nationality by the husband during marriage shall
automatically change the nationality of the wife, render her stateless or
force upon her the nationality of the husband.
2. States Parties shall
grant women equal rights with men with respect to the nationality of their
children.
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
pre-school, general, technical, professional and higher technical
education, as well as in all types of vocational training;
(b) Access to the same
curricula, the same examinations, teaching staff with qualifications of
the same standard and school premises and equipment of the same quality;
(c) The elimination of
any stereotyped concept of the roles of men and women at all levels and in
all forms of education by encouraging coeducation and other types of
education which will help to achieve this aim and, in particular, by the
revision of textbooks and school programmes and the adaptation of teaching
methods;
(d ) The same
opportunities to benefit from scholarships and other study grants;
(e) The same
opportunities for access to programmes of continuing education, including
adult and functional literacy programmes, particulary those aimed at
reducing, at the earliest possible time, any gap in education existing
between men and women;
(f) The reduction of
female student drop-out rates and the organization of programmes for girls
and women who have left school prematurely;
(g) The same
Opportunities to participate actively in sports and physical education;
(h) Access to specific
educational information to help to ensure the health and well-being of
families, including information and advice on family planning.
Article 11
1. States Parties shall
take all appropriate measures to eliminate discrimination against women in
the field of employment in order to ensure, on a basis of equality of men
and women, the same rights, in particular:
(a) The right to work as
an inalienable right of all human beings;
(b) The right to the same
employment opportunities, including the application of the same criteria
for selection in matters of employment;
(c) The right to free
choice of profession and employment, the right to promotion, job security
and all benefits and conditions of service and the right to receive
vocational training and retraining, including apprenticeships, advanced
vocational training and recurrent training;
(d) The right to equal
remuneration, including benefits, and to equal treatment in respect of
work of equal value, as well as equality of treatment in the evaluation of
the quality of work;
(e) The right to social
security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the right
to paid leave;
(f) The right to
protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.
2. In order to prevent
discrimination against women on the grounds of marriage or maternity and to
ensure their effective right to work, States Parties shall take appropriate
measures:
(a) To prohibit, subject
to the imposition of sanctions, dismissal on the grounds of pregnancy or
of maternity leave and discrimination in dismissals on the basis of
marital status;
(b) To introduce
maternity leave with pay or with comparable social benefits without loss
of former employment, seniority or social allowances;
(c) To encourage the
provision of the necessary supporting social services to enable parents to
combine family obligations with work responsibilities and participation in
public life, in particular through promoting the establishment and
development of a network of child-care facilities;
(d) To provide special
protection to women during pregnancy in types of work proved to be harmful
to them.
3. Protective legislation
relating to matters covered in this article shall be reviewed periodically
in the light of scientific and technological knowledge and shall be revised,
repealed or extended as necessary.
Article 12
1. States Parties shall
take all appropriate measures to eliminate discrimination against women in
the field of health care in order to ensure, on a basis of equality of men
and women, access to health care services, including those related to family
planning.
2. Notwithstanding the
provisions of paragraph I of this article, States Parties shall ensure to
women appropriate services in connection with pregnancy, confinement and the
post-natal period, granting free services where necessary, as well as
adequate nutrition during pregnancy and lactation.
Article 13
States Parties shall take
all appropriate measures to eliminate discrimination against women in other
areas of economic and social life in order to ensure, on a basis of equality
of men and women, the same rights, in particular:
(a) The right to family
benefits;
(b) The right to bank
loans, mortgages and other forms of financial credit;
(c) The right to
participate in recreational activities, sports and all aspects of cultural
life.
Article 14
1. States Parties shall
take into account the particular problems faced by rural women and the
significant roles which rural women play in the economic survival of their
families, including their work in the non-monetized sectors of the economy,
and shall take all appropriate measures to ensure the application of the
provisions of the present Convention to women in rural areas.
2. States Parties shall
take all appropriate measures to eliminate discrimination against women in
rural areas in order to ensure, on a basis of equality of men and women,
that they participate in and benefit from rural development and, in
particular, shall ensure to such women the right:
(a) To participate in the
elaboration and implementation of development planning at all levels;
(b) To have access to
adequate health care facilities, including information, counselling and
services in family planning;
(c) To benefit directly
from social security programmes;
(d) To obtain all types
of training and education, formal and non-formal, including that relating
to functional literacy, as well as, inter alia, the benefit of all
community and extension services, in order to increase their technical
proficiency;
(e) To organize self-help
groups and co-operatives in order to obtain equal access to economic
opportunities through employment or self employment;
(f) To participate in all
community activities;
(g) To have access to
agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in
land resettlement schemes;
(h) To enjoy adequate
living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.
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 the 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;
(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. (amendment,
status of ratification)
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 of
the United Nations 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 the present
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 the present Convention 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 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.
National
Policy for the Development of Women - Bangladesh
In March 1997 the
Bangladesh Government declared the National Policy for
Development of Women. The
objectives of the National Policy are comprehensive in scope and rest on the
basic commitment to develop women as a human resource, establish women's
human rights, eliminate all forms of discrimination against women and girls
and to recognize women's contribution in the social and economic spheres.
Specific to employment, the plan includes the following objectives for
ending women's economic inequality:
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To ensure equal rights of
women on land, capital and technology as well as on all economic
resources.
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To reduce the gap between
women and men regarding availability of necessary information, skills and
knowledge to benefit from economic opportunities.
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Visualization and
recognition of the economic activities of women.
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Ensuring equal
participation of women and men in professional occupations.
With regard to the
monitoring of the implementation of the various policies, programmes and
laws, the National Council for Women's Development and the Inter-ministerial
Coordination and Evaluation Committee provide institutional mechanisms
through which individuals and various women's organizations can participate.
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